Last week’s issue of Le Nouveau Seychelles Weekly has generated the fiercest debate ever in the country on Human Rights. Many believe that certain individual(s) featured on the front page of this newspaper last week are known criminals and therefore deserved what they got at the hands of police officers. This is the personal opinion expressed by a few people who phoned our office this week. This newspaper believes and contributes unreservedly in the rule of law and in the enforcement of law and order by the agencies mandated by the State to do so. However, we also equally believe forcefully in the rights of the individuals as guaranteed by the Constitution of the
The Human Rights of an individual is a gift from god given from the day of conception right up to our very last day on this earth. No one can take that right away from us, not a policeman, not a judge and not even a president. There is great confusion especially in this country between one’s human rights and the concept of denying an individual his/her civil liberty in the name of justice, law and order or even for an individual’s own protection. The concept of what constitute the Human Rights of the individual is vast and complex in nature. However, in this particular context we are addressing the issue of physical abuse by police officers, prison wardens, state house security unit, guards working for private security firms, domestic violence and the likes. No one outside the judiciary has the right to judge and execute punishment, even a judge is prevented by law to apply physical punishment as a form of sentencing for crimes committed. The law is very clear in this country; physical punishment and/or abuse are not an accepted form of sentencing under our legal system.
Therefore, there must be strict adherence to the letter of the law. The police force is not the law, they are simply the enforcers of law and order. They have the power of arrest, detention, investigation and to charge. They do not have the power even to prosecute. This privilege lies with the Attorney General. Lately, the Police Force has resorted to torture with the aim of getting a quick confession saving them the laborious task of criminal investigation.
Another great confusion in the Police Force currently is about criminal matters and civil matters. Some police officers cannot tell the difference between the two. Police officers are getting themselves involved in arbitrating over matters of a civil nature. They are going as far as arresting and placing people in custody over matters of a civil nature such as breach of contract. It goes to show that certain police officers have limited understanding of their duties and power, just because they wear a uniform and has been given a badge with authority to act as law enforcers. They take the law into their hands and behave in a manner unbecoming of what is expected of an officer of the law and a true police officer. Only last month the police detained two persons in jail for civil matters. Furthermore, they took a car from one person and gave it to another whilst a civil case in respect of the same car was pending in court. The law clearly provides that a person can only be arrested if he is suspected of having committed an offence, is committing an offence or is about to commit an offence.
The Commissioner of Police must take a closer look at individuals lacking the necessary training and understanding of law enforcement. They must be sent back to the academy for retraining and if they still fail to make the grade after spending time at the
Allow me to quote from Judge Reilly’s Report on the events of the 3rd of October, 2006:
“One of the fundamental purposes of good policing is the protection and vindication of the human rights of all the citizens being policed. Abuse of human rights not only causes enormous damage to citizens who are victims of that abuse but also to the standing of the police who perpetrate the abuse. Upholding human rights and upholding the law should be one and the same thing. Abuse of human rights by the police only serves to alienate the police from the community and so render policing less effective. Good policing and respect for human rights go hand-in-hand. This message needs to be got across to the police at all levels and in every way possible, particularly by its training programmes”.