Chapter 2 - Report of the Complaints, Monitoring and Inquiries Group
2. ISSUES ARISING FROM COMPLAINTS
(a) Exercise of Police Powers
Complaints involving alleged use of force by the police,
abuse of power and delays in acting on reports lodged are
still among the highest number of complaints received.
The Commission received 126 cases against the police
force during the year. Among these were allegations that
arrested persons were assaulted while in custody. In
most cases, it was reported that the assault took place
during interrogation to compel the individuals to admit to
wrongdoing.
The number of
complaints against
the police has been
increasing annually –
from 38 in 2008, to 110
in 2011, and 126 in
2012.
Allegations of abuse of power included complaints of unlawful arrest, where the police rearrested those who had been freed by the courts or detention centres; the extension of remand
by producing the arrested person in the Magistrate’s Court in several districts; intimidation of
complainants to withdraw reports against the police force; bias towards certain parties; and
failure to act on reports lodged.
The Commission, while reiterating the recommendations made in its Annual Report 2011, adds
the following suggestions:
(i)
To avoid physical contact with the arrested persons especially during interrogation, the
police should use forensic science to support their investigation.
(ii)
No pressure – whether physical or mental – should be exerted on suspects, witnesses or
victims in attempting to obtain information from them.1
(iii) The police should conduct initial investigations before making an arrest. Arrests should
only be made where there is reasonable suspicion that a person has committed an offence
or when it is reasonably considered necessary to prevent a person from committing an
offence or from fleeing.
(iv) Continuous training should be provided to all officers on procedures on arrest, the rights of
those arrested, and techniques for effecting arrest safely and humanely.
1
Human Rights Standards and Practice for the Police: Expanded Pocket Book on Human Rights for the Police, p10,
United Nations Publication, 2004
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