Human rights and policing

The concept of human rights is deeply rooted in sensitivity, wherein human rights are interpreted and contextualized concerning circumstances and environment. Human rights entail the harmonization of ethics and values, serving as a benchmark for humane conduct, which is determined based on moral principles and is explicitly recognized through both national and international laws. Every individual is inherently born free and equal in dignity and rights. This principle is enshrined in the first paragraph of the Universal Declaration of Human Rights.

The Constitution of Bangladesh also unequivocally ensures the guarantee of fundamental human rights. Human rights activists play a vigilant role in instances of human rights violations perpetrated by law enforcement agencies. Incidences involving the involvement of law enforcement agencies in atrocities such as torture, extra-judicial killings, and disappearances are often reported. Naturally, a citizen enjoys fundamental human rights by birth, and in addition, a citizen also has the right to enjoy the privileges granted by the state, recognized in the form of citizenship rights.

The police force is a government institution whose primary and foremost duty is to ensure the safety of the citizens of the state and to diligently oversee the protection and surveillance of their property, thereby providing assurance of peace and security in public life. In contemporary times, the police force is a crucial institution that identifies its responsibility in establishing peace and addresses the failure of the police force in maintaining stability in volatile situations. Therefore, it is said that police officers perform their duties in ensuring human rights particularly in establishing peace amidst conflict and tumultuous situations.

On another note, law enforcement agencies, especially the police force in Bangladesh, play a significant role in ensuring human rights through their operational activities. Firstly, the police force engages in proper utilization of the law, demonstrating respect for the law. Particularly, by discussing and adhering to the statutes, policies, laws, regulations, and rules in place for governance, the fundamental respect for the law is primarily demonstrated. The police force is entrusted with maintaining humane treatment during detention, ensuring that no physical or mental abuse is inflicted on detainees. According to Article 5 of the Universal Declaration of Human Rights, individuals arrested must not be subjected to physical, mental, or degrading treatment. Therefore, human rights can be ensured by the police force through adherence to the law, both in letter and in spirit.

Article 9 of the same declaration states that no one shall be subjected to arbitrary arrest, detention, or exile. Article 11 (1)(b) further emphasizes that no one shall be held guilty of any penal offense on account of any act or omission which did not constitute a penal offense under national or international law at the time when it was committed. There is sufficient reason to consider this issue; as the penal code mentions all crimes in its book, every action can be considered an offense, and a person can be arrested in connection with it. There is no room for arbitrary arrests.

Secondly, it is imperative to assign responsibilities to police officers for the protection of human rights and to ensure their adherence to these responsibilities. Primarily, the proactive role of police personnel can effectively safeguard the rights of ordinary people. It is believed that through the proactive presence of police personnel in safeguarding human rights, the fundamental rights of the people of a nation or state can be established. Due to the responsible role of police personnel amidst the crisis in Bangladesh, police operations have been recognized as effective policing for human rights. We hope that the police will consistently uphold the great pledge of humanity in their duties. Only during crises should the nurturing of humanity be emphasized over all other times.

Thirdly, through investigative work, police officers can work to ensure the fundamental human rights of individuals. The primary purpose of investigation is to gather information on a particular matter. Taking an active role in finding the correct solution to a complex issue is crucial. Moreover, through investigations, news about police negligence is often disseminated through the media. By following the Code of Criminal Procedure, establishing the truth of the alleged incident, ensuring the release of innocent individuals, and establishing the rights of the affected, work should be done. By ensuring these aspects of investigation, countless people's human rights can be established automatically.

Fourthly, a police officer's duty is to uphold the human rights of oneself, one's family, one's society, and the citizens of the state within the framework of the law. It is often seen that during national crises, police officers work with the aim of taking preventive measures against crime. Particularly, in Bangladesh, due to the active role of responsible police personnel in crime prevention, they have created a proactive view of upholding the fundamental human rights of ordinary people. It is believed by the general public that the responsible role of the police can ensure human rights in a comprehensive manner. Especially after a report is filed at a police station, primarily, police officers take action. In such management, ensuring human rights can be challenging. However, if there is a concern that someone's rights may be violated before filing a report, in such situations, if police officers initiate action from their responsibility, then through policing, the human rights of the general public will be ensured.

Worldwide, the enforcement personnel of law-abiding forces rely on various laws to ensure the fundamental human rights of people. Especially, if a state perpetrates any act that undermines the rights of its citizens, the members of the police force can work to ensure the rights of a citizen by utilizing international human rights laws. On the other hand, internationally recognized human rights laws, international criminal law, and laws of war are being adhered to by law enforcement agencies globally to ensure the fundamental human rights of people.

From a legal perspective, all citizens of a state are equal, and every citizen of the state can seek refuge in the law. The Constitution of Bangladesh explicitly mentions this matter. However, it is often observed that the concerned responsible officials exhibit negligence in receiving complaints. This is a blatant violation of an individual's human rights. The Constitution of Bangladesh speaks of an individual's right to freedom of movement, the right to organize, and the right to assembly. These matters ensure that the rights of citizens of the state cannot be violated in any way. In accordance with domestic and international laws, the members of the police force in Bangladesh can play a proactive role in upholding human rights alongside their responsibilities.

Author: Assistant Professor and Chairman, Department of Criminology and Police Science, University of Chittagong.