Who Controls Police Stations? [Archives:2000/46/Reportage]
Many people complain of being insecure, particularly when they realize that those who are entrusted with providing security in the country and those in charge of implementing the law, are themselves who commit violations. People also complain of maltreatment by some security and police apparatus and they are subject in many cases to suppression, blackmail and intimidation at the hands of some people supposed to be representatives of law. This is a very serious problem and needs to be tackled seriously. Because such a topic needs great attention and care, Mohammed Ben Sallam of the YT interviewed a number of lawyers and men of law to sound out their opinion on the issue and solutions they propose to solve it.
Advocate Abdulrazzaq Al-Hakeemi said: All heavenly laws, and Islam in the first place, and all positive laws and international agreements have highly honored man. The Universal Declaration of human rights can be cited as an example in point.
It is not only police that blackmail and humiliate people. There are other government institutions and authorities that do similarly such illegal acts though they are part of work or specialty, such as imprisoning, illegally fining peddlers, shops etc. Those authorities include Supply, Housing and Electricity offices. Oddly enough, people do not try to reject such irresponsible and illegal practices for many reasons some of which are:
1- those practicing such acts are lacking of religious and moral values,
2- wrong ideas embedded in peoples awareness along years making them to blindly obey,
3- civil society organizations are either absent or marginalized,
4- People are not aware that rejecting such wrong practices is part of their rights. They rather help violators as if the matter does not concern them.
The constitution has guarantees peoples intellectual, political economic…etc., rights as well as freedom of expression.
According to article 84 of procedural law, both police and security are considered tools of judiciary control. They also come under the control and supervision of the attorney general who has the right to sue violators and instruct authorities concerned to look into any violation in duty. Article 91 of the law of criminal procedure identifies responsibilities of judiciary control bodies: investigate into crimes, trace criminals, study reports and complains, gather information and evidence for the general prosecution. Other practices by police or other government authorities must be rejected. People must not keep silent and must resort to justice when such practices are committed. Keeping silent helps such irresponsible and illegal practices take root and encourage wrong doers to violate the constitution.
To sum it up people must not leave their rights go by, media should raise legal awareness of people, a publics committee is to be established to undertake responsibility of resisting injustice and appointing attorney generals in police stations to closely supervise police work.
Advocate Shaief Al-Yosoufi responded to the same issue by saying: Article 4 of the criminal law of procedure for 1994 dictates that people are presumed innocent until proved guilty. Suspicion is interpreted in the defendants favor. Article 7 of the same law identifies the job of police as to look into crimes, causes and surrounding circumstances. However, we find that people are being deliberately dragged to police stations for interrogation. They might even be detained for some days. When we, lawyers, are requested to defend such people, we are rejected by police stations directors saying that police stations are not for lawyers. This is an ignoring of the law. It will be better if the Ministry of Interior organizes special courses for such control tools to make them know and recognize peoples rights. They should understand that they have been placed in such positions to protect peoples rights not to violate and disrespect them.
The Ministry of Interior should continuously supervise police stations and appoint supervisors with good knowledge of law to help set everything right.
In case of any violation committed by police people have the right to: reject all procedures, complain to the Ministry of Interior, report to the attorney general, file a suit against the false report and reporter. They also keep the right to ask for compensation.
Advocate Tariq Al-Hammadi said: Owing to misunderstanding laws and lack of law awareness, some police and security elements go beyond their assigned jobs to the extent that they make themselves judges and violate peoples rights. To put an end for such violations and practices there must be a strict supervision on police stations and security offices and implementation of laws that forbid such practices. In addition, organizations and societies concerned with human rights must be given a chance to play their role in defending peoples rights.
There are many reasons for violations and illegal practices by police stations. Some of these reasons are:
– Some police stations and security offices do not abide by their jobs instructions but go beyond that to perform jobs of judiciary and general prosecution. It is common to find police stations and criminal investigation offices dealing with civil and commercial issues that are not of their jobs. Some plaintiffs intentionally go to those offices to put pressure on defendants. If people in charge of such offices are confined to their jobs they will refer them to judicial offices concerned.
Criminal investigation offices sometimes do the work of prosecution. They interrogate and torture suspects to force out their confession.
– Absence of supervision on those offices and their work.
– No penalties are imposed on violators and official wrong- doers.
– Insufficient role of NGOs and civil society organizations. Those organizations can disclose such practices to the public.
The government should also pay more attention to the situation of people working in the police apparatus and improve their living standards.
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