Police Brutality & Human Rights

The rampant report of alleged police brutalities in recent times is very alarming and regretful. It is very disheartening when people (governmental agents) who are entrusted with the needed authority to ensure law and order in the Ghanaian society are consistently violating such laws themselves. “The police, charged with protecting law-abiding citizens of Ghana and maintaining the peace in the country, are instead a force to be feared; guilty of willfully flouting not only the law but also basic human rights”, aptly remarked in the editorial section of The Statesman newspaper on March 16, 2007 (http://www.thestatesmanonline.com/pages/editorial_detail.php?nwesid=154§ion=0).

Police Brutality

“Police brutality” generally means unnecessary, excessive and unreasonable physical and mental force, which occur especially during arrests, detention and interrogation. It includes all forms of physical and mental force where police officers are involved. Serious police maltreatment of citizens, in a number of cases including torture and unnatural death of suspects and detainees while in police custody, reflects an appalling breach of the most basic fundamental values of democratic nation, particularly the rule of law. A 2003 survey by The Centre for Democratic Development (CDD-Ghana) on Police-Community Relations has revealed that: of people, who stated they were arrested, 46 per cent were not informed of the charges against them; 51 per cent were not told their rights; and 67 per cent said they were denied contact with a lawyer.

Instances of Brutalities

Issah Mobilla, the regional Chairman of the Convention People’s Party (CPP), was alleged to have been tortured and murdered while in military custody in 2004. In November 2005, government forces beat and forcibly evicted hundreds of illegal residents which resulted in deaths. This was an incident in which police fired tear gas and warning shots and beat refugees at Krisan refugee camp in the Southwestern Region to control a riot that left buildings and a vehicle burnt. On April 21, 2006 four persons were shot and killed by police officers at Dansoman Estates in Accra. On May 19, 2006 police shot and killed a 26-year-old man after mistaking him for one of the robbers they were seeking. In late April, 2007 in Kumasi, Kwame Sarpong, a tro-tro driver, was allegedly fatally beaten while in police custody on suspicion of theft. A well-known case, and of course the most recent, is that of Mr. George Atua, alias George Maclean, a 33-year-old driver of a minibus who was allegedly arrested and brutalised for traffic offence on August 3, 2007 at Suhum died at the Suhum Government Hospital the next day. These are only few examples of the severity of police and military brutalities. In 2006 alone, 65 officers were dismissed from the police force for abuse of citizens.

Cause of Police Brutalities

Among the numerous causes of police brutalities is the fact that the police force offer very little in the way of human rights focused training to new recruits or experienced officers. For effective and efficient policing to be achieved, there should be a comprehensive human rights training program for the police force.

Effects of Police Brutalities

This illegal conduct undermines the most fundamental freedoms to all, including the right to dignity and liberty. Police brutalities therefore have negative implications for human rights, meaningful access to justice, public faith in the justice system and transparent and accountable state security services in a democratic system.

The Relevant Laws In the performance of their duty, law enforcement officials shall respect and protect human dignity and maintain and uphold the human rights of all persons (Article 2 of the UN Code of Conduct for Law Enforcement Officials, 1979). Article 15 of the 1992 Constitution of Ghana prohibits violation against human dignity, such as through torture or cruel and degrading treatment. The Criminal and Other (Offences) Act 1960 clearly sets out the rights of all suspects during arrest and detention, including the right to be free from “unnecessary restraint” under section 6. The fundamental human right to due process, as well as freedom from violations of personal dignity, abuse, torture and willful killing are likewise by international law, as enshrined in The Universal Declaration of Human Rights and the International Covenant on Civil and Political Rights (ICCPR). Any limitations on the rights of a person should only be to the extent that is necessary. The action to limits such rights should also be legal (justifiable by reference to a valid law properly applicable to the situation) and the extent of the limitation should be proportional to what is lawfully being achieved. Police officers behaviour should also be ethical and they should be accountable for their actions.

The Way Forward

According to Cristina Sganga, “human rights needs to be an integral component of technical training” to ensure effective reform of policing forces. The Commonwealth Secretariat had rightly observed (in the introduction of its comprehensive manual “Human Rights Training for Police”. (See: http://www.thecommonwealth.org/Template/Internal.asp?NodeID=152764,P.3) that a strong emphasis on human rights in police training makes sense not only because it is a matter of legal obligation, but also a practical matter, given the adverse consequences of police failure to respect human rights guarantees. Therefore, increase sensitisations ( in the form of human rights training workshops) of the police members to human rights standard and the fundamental rights of all citizens is essential to reform a police culture that is currently characterized by disregard for the above critical aspects of the rule of law and democracy.

Conclusion

It must not be ignored that a victim of police brutalities can institute a civil action against the police officer who might have misconducted himself/herself for reasonable damages to be awarded by the courts. Let us start subjecting those bad nuts in the security service to the appropriate legal actions to abate these misconducts. Remember that the only way for the evil to triumph is for the good man not to do anything (emphasis added).