Police’s reform proposal seeks even less oversight

The police want the power to investigate complaints against its members, reforming the current system that requires the home ministry’s involvement when the officer facing charges is of a certain rank.
Rights defenders say such a change will obstruct impartial investigations and further lower the chances of justice prevailing when the perpetrator is a cop.
An independent body must do the investigations because police officers rarely find their colleagues guilty in investigations, according to Supreme Court lawyer Jyotirmoy Barua and rights activist Nur Khan Liton.
Currently, the home ministry with assistance from Police Headquarters (PHQ) investigates when the officer facing allegations is of the rank of assistant superintendent of police or higher.
If the individual facing allegations is an inspector or of a lower rank, the PHQ alone investigates the matter.
The PHQ recently submitted 44 reform proposals to the home ministry.
“The discipline wing of the police needs to be rearranged to prevent unprofessional activities, ensure prompt disposal of complaints against police members and appropriate punishment as per the law,” reads one of the reform proposals.
England, Wales, Northern Ireland, and Sri Lanka have independent oversight bodies to investigate complaints against police and to take action, says Jyotirmoy Barua, adding that this increases public confidence in the system.
“We often see news of people’s death in police custody. Barring a few instances, police do not face charges when the investigation is done by their colleagues,” he adds.
Nur Khan Liton says, “Our experience does not tell us that policemen will impartially probe another policeman. It can probably be possible if the police are free of political influence.”
Both Jyotirmoy and Nur recommend forming an independent commission to investigate complaints against police.
In 2007, a draft police ordinance proposed forming a Police Complaint Commission which would be headed by a retired judge of the High Court.
The draft ordinance aimed at freeing police from political influence; making transfers, promotions, and appointments transparent; and ensuring accountability.
The draft never saw the light of day.
In the 15 years of Awami League rule, many police officers acted as though they were activists of the party to get desired posts and promotions. They used excessive force on opposition and dissenters.
During the mass uprising that led to the fall of the government, many police members opened fire on protests, killing hundreds and leaving many others with life-changing injuries.
Many members of the force could not escape public wrath: protesters killed 44 policemen, burnt down 224 police facilities and vandalised 236.
After the fall of the government in early August, many police members went on strike, demanding an independent commission to run the police and free it from being controlled by the ruling party.
OTHER REFORM PROPOSALS
To closely monitor the activities of cops and take steps accordingly, police’s internal oversight mechanism must be consolidated.
There should be a policy on cops’ use of force, make arrests, detain suspects, conduct searches and seize objects.
The proposals also include forming guidelines to make discrimination-free recruitment, promotion, and posting; and incentivise honesty, competence.
Currently the home ministry decides promotions, postings, and punishment of officers as per the wish of those in power.
Establishing a statutory independent national police commission and amending the Police Act 1861, Police Regulation of Bengal, and regulations of specialised police units were also proposed.
Other proposals include taking steps to prevent sexual harassment, gender discrimination and unprofessional behavior towards police women, and ensuring accountability and evaluation of police work through modern performance measuring tools.
Better training on human rights, gender, police activities; special training on crime investigations and supervision; and modern training for specialised units are also proposed.
Reforms should be made to fight transnational and organised crimes, terrorism, narcotics, human trafficking, and financial crimes, and enhance logistics to curb cybercrime.
Besides, eight-hour work days, overtime payment, risk allowance, more hospitals and living quarters are also proposed.