Law Book Review
Promoting police observance of human rights
Police forces in Bangladesh generally do not enjoy a good press. They frequently appear in newspapers, human rights reports, films and television programs as the militaristic repressive armory of the under-democratic regimes or as hopelessly corrupt and inefficient. They stand accused of human rights abuses including torture and illicit association with political, business and organized crime interests. Their activities often epitomize the anti-thesis of rule of law. These are not merely stereotypical assumptions but also often soundly based on evidential proofs. It is in this policing culture, we often argue the importance of human rights education for the police personnel in Bangladesh. Unfortunately, there is scarcity of legal literature on the subject. In this vacuum, Sheikh Hafizur Rahman Karzon's Human Rights Training Manual for the Police published by National Human Rights Commission (NHRC) is definitely a breakthrough for a change in the policing culture.
Human rights issues have assumed an increasingly high profile in the wake of miscarriage of justice, torture, arbitrary arrest and detention, extra-judicial killings, incompetence and corruption. H. R. Karzon, a law professor of Dhaka University and a criminologist, has provided an accessible introduction to the key issues surrounding human rights policing, linking this to recent developments of human rights considerations. The book sets out a powerful case for a modern 'human rights policing' approach. Karzon argues that securing and protecting human rights should be a major, if not the main, rationale for public policing.
Divided in eight chapters the book has dealt with key human rights issues having relevance with the police force: basic understanding of human rights and policing, constitutional guarantees of human rights, arrest and detention, use of force and arms, police investigation and remand, search and seizure, maintenance of public order, dealing with the juveniles etc. Through Karzon's publication, the NHRC has demonstrated its commitment to sensitize and reinforce the law enforcing agencies' respect for human dignity and fundamental freedoms. The glorious contribution of the police in our liberation war has been resounded in the beginning of the book which creates a positive impression about this force in the mindset of the readers. Each chapter's theoretical underpinnings have been given a touch of reality by providing case studies. Even precise discussion of case laws decided by the apex court of the country has made the presentation more trustworthy and acceptable. This would help both the trainers and the trainees of human rights policing to grasp the subject from the rubric of our social and cultural understandings. For example, the guidelines relating to police arrest and remand enunciated by the High Court Division in the case of BLAST v. Bangladesh and Others (2003) and Saifuzzaman v. State (2004) have been discussed with its implications on human rights jurisprudence. This has added a beauty to the training Manual. The narration of international and national human rights standards in a lucid language will imbibe the human rights perception easily in the mindset of the readers. A list of human rights instruments have been added at the last portion of the Manual as a ready reference. One of the cardinal features of the Manual is that: It has candidly argued the applicability of the 'PLAN' principle in maintaining law and order situation. In case of jeopardizing situation, the police officials should apply the 'PLAN' i.e. P=Proportionality (applied force must be proportionate to the situation), L=Legality (lawful authority to intervene), A=Accountability (accountable to superior authority for the works done) and N=Necessity (assess and fix the gravity and strategy).
However, a reminder of the professional mission in the outset of the book, would perhaps have formed, a solid basis of carrying out human rights obligations by the police. It is important to establish the professional context because the police officials need to understand why they are being asked to consider from a human rights perspective and to understand the link between lawful and humane exercise of power and professional competence. Apart from this, the reader may have impression that the book is ended untimely after giving a high orchestra of promise and hope. So, some more chapters or paragraphs dedicated on the issues like: police powers, police behavior in times of tension and emergency, police leaders, how police reform can come from within the police force itself, challenges and opportunities of democratic and human rights oriented policing, good practice of interviewing suspects and interrogation of the detainees etc could have strengthen the weight of the publication. However, it is understood that the author has kept the work in a sizable volume so that it does not create panic with its high sounding jurisprudential outlook.
The Police Academy, Police Staff College and Police Training Institutes can use the Manual tailoring the training syllabus for different levels of employments in police. As echoed in the Foreword of the Manual by the Chairman, NHRC, Professor Dr. Mizanur Rahman, 'The taste of pudding is in eating.' If the manual helps members of the law enforcing agencies, even in a very small manner, to appreciate the essence and inner values of human rights in their professional life, the publication will be sung from the heart by the public at large.
The reviewer is Assistant Professor, Department of Law, Jagannath University, Dhaka.
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