There has been a steady deterioration of
standards of policing, the increasing lawlessness amongst the policemen themselves and the
attitude of complacency and complicity amongst the leadership in police organisations
Dealing with rogue cops
SYED MEHDI MOMIN
We are rightly alarmed by reports that a businessman was recently shot by a policeman recently for allegedly refusing to pay extortion money. While reasons for the shooting of business owner Haji Foyez Ali in the waist by a police SI in front of witnesses are disputed, the claim by Foyez that it relates to demands for bribes must be investigated independently and openly.
A few weeks back an assistant sub-inspector [ASI] of polices special branch was found to be involved in the trade of the deadly drug yaba. That members of law enforcement agencies should also be implicated in the drug trade is a matter of great concern. And this is not the first time
allegations have surfaced against police officials for abetting drug smuggling and human trafficking. Couple of months earlier, state-run intelligence agency, in a special report, mentioned 26 police officials of Coxs Bazar for their involvement in drug business.
The police-criminal nexus that undoubtedly exist in Bangladesh naturally emboldens the criminal elements. Their activities can create an environment of lawlessness, where influential and rich people violate the law with impunity. The police is not the only component of the criminal justice system that has suffered because of this nexus. In fact, the entire criminal justice system is under strain. Not all crimes are being registered and those registered are not being properly investigated; and even out of those charge-sheeted, very few are ending in conviction.
Another open secret are the frequent fake encounters. There are those who subscribe to the school of thought that believe in eliminating the criminals rather than the crime. Staged encounters and killing the killers are billed as a battle between evil (the criminal) and good (the cop). This mindless and violent course of action is resorted to and encouraged in an environment that actually shows contempt for the rule of law and due process. In fact, what is needed is an attempt at a deeper understanding of organised crime and its developing nexus with terrorism and militancy.
Our policymakers and police officers should not ignore this any further. In most cases the police personnel have literally gotten away with murder. Bangladesh police has been beset with numerous allegations over custodial deaths, extortion, torture, corruption, etc. over the years. And the trend has gone up to alarming levels.
The failure of the police to tackle the fundamentalists who have attacked and killed bloggers is puzzling to say the least. Many believe that there are cops who actually subscribe to extremist ideology. While this has not been proven it is true that the police have often showed a grossly lackadaisical attitude when confronting extremist elements.
Sometimes the attitude and comments of senior police officers defy belief. On the first day of the Bengali New Year a number of girls were molested by some unruly youths. Not only did the police, who had a heavy presence in the area fail to stop the goons a top police officer said, No sexual harassment incident occurred at the gates of Suhrawardy Uddyan. A colleague of the officer belittled the incident saying that it was just a case of boys being boys indulging in a bit of mischief. This is the mindset of people in high positions and in charge of protecting us.
As a matter of fact the prevailing belief among the general people is that an honest cop is an oxymoron. We believe this is not completely fair. The police have to work under a lot of limitations. There are political and bureaucratic pressures. However these cannot justify corruption and murder. Of course there are some honest cops but the bad apples far outnumber the good ones and in the institution rot has set in well and truly. The reputation of the force has been quite low but the recent shenanigans of some cops have really dealt a savage blow to any little respect the force had.
That some cops have been arrested and put on remand is a good sign as well as the fact that the senior officials have said that there would be zero tolerance against errant cops. However whether the arrested sops will be given exemplary punishment or not will be revealed in the future. If the past is anything to go by the people should not really get their hopes up. The culture of impunity for the rogue cops that prevails bodes ill for the common citizens. The civil society must come forward to protest against the dangerous levels of corruption in the police force. The line between them and thugs is getting blurred . Many believe, and with good reasons, that the police are the principal violators of the law and they get away with any crime.
The fact that many cops are in league with anti-social elements means that they often indulge in selective enforcement of the law. It is time and again highlighted by the media that there exists an intricate nexus between police and criminals. As a result, police seldom takes effective crime-control-measures to curb criminal activities and other anti-social elements. But this nexus is more than just a link or connection. It connotes an establishment of a link with a motive for mutual benefit.
The motive may be a financial benefit or a shared ambition
Anyone who has the misfortune to go to a police station knows that most cops exhibit rude behaviour, use abusive language and contempt towards the common people. Depending on the socio-cultural status, economic power and political influences of people who approach them, members of the police adopt differential attitudes thereby violating the principles of equality and human dignity.
Police are either ignorant of the precepts of human rights or (much more likely) they deliberately disregard them in the matters of arrest, interrogation, searching, detention and preventive policing. Given their less-than-stellar record of prevention and successful investigation of crimes it is clear that the police lack accountability in protection of life and property. It is also true that while crimes and criminals are getting more sophisticated, the police are becoming less professional. There is no evidence of a collective desire within the police organisation to redeem its public image. More often than not many among the police personnel display gross insensitivity towards victims of violent crimes. They sometimes behave rudely with victims, as if the latter were responsible for their fate. At least a section of the police force thinks of human rights as antithetical to effective law enforcement. They blame the law, lawyers and courts for their own inefficiency.
And many cops let themselves be used as political goons and some show much greater enthusiasm to carry out the masters bidding than any activist. However placing the blame on politicians only will be a self defeating exercise.
Corruption within the Bangladesh Police has existed ever since it came into being and has been increasing steadily. It is almost an open secret that senior officers make money from transfer and postings of subordinate officers, take bribes and give favours. There even have been allegations that the
officers demand cuts from contractors supplying uniforms, office equipment and vehicles to the department. Extortion from the businessmen and subverting investigation of cases on financial or political considerations has become the rule rather than the exception.
The malaise has spread in every aspect of policing. Regular extortion in every police station is rarely inquired or even frowned upon by the senior ranks. The thana cops extortion are common public knowledge. The traffic constables and sergeants collect money from taxi, bus and truck drivers in plain view. Corruption in the police department is every citizens common experience. For getting a police verification report even the most honest person is forced to pay up.
Of course the incumbent government ought to be held
responsible for any misdeeds of the public servants. But the responsibility of the senior leadership of the force is highly important as well. A corrupt, brutal and oppressive police
force, alienated from the people, has more similarity with a colonial coercive organisation rather than a police of an
independent republic.
If torture, extortion and abuse of power are the defining traits of the police the citizens will have no recourse but to protest violently. Some time back Shamim Sarkar, a Savar-based
businessman was allegedly tortured to death by the police
who were demanding money from him. The outraged locals torched the police stations. If things dont improve such
incidents will be repeated in other areas to. When trust in the police is lost vigilantism prevails and the fibres of a civilised society are torn apart.
No sane person can welcome such and eventuality.
The British Raj established the police system as one that was supposed to strike terror in the hearts of the people. It was an instrument to ensure the total subjugation of the colonised people. Unfortunately even 43 years after our independence little has been done by the powers that be to change the old organisational structure and manner of functioning.
There has been a steady deterioration of standards of policing, the increasing lawlessness amongst the policemen themselves and the attitude of complacency and complicity amongst the leadership in police organisations. Given the prevailing attitudes and approaches in the police force, there is not much hope that the people will get better services from the police in the immediate future. Since the purity and efficiency of the criminal justice system is largely dependent on the police who feed the system, the future seems bleak for criminal justice in general.
There must be meaningful reforms in the police. Among the serious constraints undermining the police system of Bangladesh are: (1) an outdated legal and institutional framework (devised for nineteenth century British India consisting of near static villages with hardly any urbanisation or industrialization, and meant principally for a colonial rule, (2) arbitrary and whimsical (mis)management of police by the executive authority (policemen are increasingly recruited, trained, promoted and posted without regard to merit and mainly for their subservience to people with influence and power), (3) inadequate accountability, (4) poor incentive systems, (5) widespread corruption.
A lot can be achieved towards change in public perceptions and to improve the standards of policing if the leadership within the police organisation is fully committed to reform. After all, every profession has the primary responsibility to discipline its members and maintain a code of ethical behaviour. The senior officers should transparent in their dealings. It is essential that reforms in Bangladesh Police start from above and clear signals of good behaviour are sent down to all the ranks.
To meet the challenges of modernising an outmoded institutional framework and improving the professional and ethical content of policing, the government has to initiate a reform process. The thrust of these reforms is to establish a police system, which is politically neutral, non-authoritarian, accountable and responsive to the community, professionally efficient, and last but not least, which is a powerful instrument of the rule of law. Existing criminal laws are woefully inadequate to deal with various manifestations of organised crime. There is need for a special legislation - like other countries - to deal with this menace. We need special courts and suitable modifications to laws to make justice swifter. A stitch in time saves nine.
The inability of the criminal justice system to deal firmly with infractions like arson, gambling, prostitution, drugs lead to development of organised crime. Yesterdays petty criminals are todays donshence, the urgent need to nip the budding criminal in early stages.
The Police Act of 1861, is suited more for rule by a colonial power than safeguarding and promoting rule of law.
A new Act should aim at depoliticising police, improving police professionalism through a merit-oriented system of recruitment and career progression, and making police more accountable to citizens. The public naturally will be eager to respond adequately and give momentum to the reform process, which will be welcomed by everybody except the corrupt and criminal elements thriving on police inefficiency.
If properly implemented, these reforms can bring about a fundamental transformation in the quality of policing, and make police a people-friendly public service, particularly for the poor and disadvantaged.
The writer is Assistant Editor of The Independent and can be contacted at: [email protected]
