RescueRanger
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Since 2002, Pakistan's police services have undergone impressive upskilling in terms of technical capacity and operational capability, I have been first hand witness to many of these remarkable changes.
However why is it that every time we pick up the newspaper, open up twitter or switch on our favorite news channel we are met by reports of police brutality, excessive use of force and downright incivility?
Policing is a profession in which to quote Dr. Edmond Locard 'every contact leaves a trace', the tragic incident in Sahiwal is just one in a series of incidents which have highlighted the present trust deficit between the Pakistani people and its Police.
Policing challenges in Pakistan:
An efficient, well-functioning police service is critical to counterinsurgency as well as counter terrorism efforts in Pakistan, now and in the future. At the same time, the police service must also address rising crime rates, the deteriorating law-and-order situation and build bridges in the communities it aims to police.
Before addressing the issue of ethics, culture and reform lets look at the present challenges facing law enforcement in Pakistan. Since 2002 Pakistan has been engaged in a long running counter terrorism operation in the Fenderally Administered Tribal Areas (FATA) and other parts of the country including Khyber Pakhtunkhwa, Balochistan and parts of interior Sindh.
The changing tactics, techniques and procedures of terrorists and selection of softer targets resulted in an evolution of law enforcement counter-terrorism tactics which were historically hindered by limited resources, poor training and inadequate equipment.
According to a report published by the Pakistan Institute of Peace Studies, 221 police officers paid the ultimate price whilst carrying out their duties in the year 2016. [1]
Pakistan's counter terrorism strategy has defied the analysis of counter terrorism experts by delivering measurable results in defeating terrorism and reducing the number of terrorism incidents throughout the country.[2]
This interactive map below highlights the breath of the challenge faces by security forces and law enforcement in Pakistan:
Infrastructure Overview:
There are two sets of law enforcement organizations in Pakistan: those that operate under the federal government, and the provincial police organizations. [4]
Nineteen major organizations operate directly under the federal government dealing with a variety of law enforcement responsibilities (including intelligence gathering, border and coast surveillance, and policing) and answering to different authorities. The total strength of all law enforcement and intelligence services’ officials at the disposal of the federal government (with cross-provincial jurisdiction) is approximately 210,000.[3]
Rarely do these organizations coordinate their plans and activities or strategise together. The chain of command of the organizations varies, which further complicates coordination and collective policy planning. As a result, decisions are often poorly implemented.
The eighteen federal law enforcement organizations (figure 1) can be grouped into four broad categories:
- Forces under the Ministry of the Interior. These forces include five paramilitary organizations,namely, the Pakistan Rangers (Sindh and Punjab), the Pakistan Maritime Security Agency,the Frontier Corps (KPP and Balochistan), and the Frontier Constabulary and Northern Areas Scouts (Gilgit-Baltistan), in addition to the Islamabad Police and the Federal Investigation Agency (FIA).
- Police planning and management organizations under the Ministry of the Interior. These include the National Police Bureau, the National Police Management Board, the National Police Foundation, and the National Public Safety Commission. The National Counter Terrorism Authority (NACTA) is the latest organization to be included in this category.
- Other federal organizations. In this category are those organizations that are not under the direct control of the Ministry of the Interior. They include the National Highways and Motorway Police (under the Ministry of Communications), the Pakistan Railways Police (under the Ministry of Railways), the Airport Security Force (under the Ministry of Defense), and the Anti-Narcotics Force (under the Ministry of Narcotics Control).
- Intelligence organizations. The Intelligence Bureau (IB), a civilian agency, and Inter Services Intelligence (ISI), led by a serving army lieutenant general, are the two major intelligence outfits. They have regional and provincial offices throughout Pakistan.
The second category of law enforcement infrastructure comprises the four provincial police organizations, as well as those operational in Gilgit-Baltistan and Azad Jammu and Kashmir
(AJK). These provincial and regional police organizations are all organized along similar lines
and abide by the same set of laws and rules. For instance, the procedural criminal laws (i.e.,
the Pakistan Penal Code, the Code of Criminal Procedure, and the Qanun-e-Shahadat Order) are uniformly applicable to all parts of the country (except FATA).
The Police Service of Pakistan (PSP), a federal service recruited through the Federal Public Service Commission, provides more than 80 percent of senior supervisory officers (with the rank of assistant superintendent of police and above, who act as sub-divisional police chiefs) to the provincial police departments.
Its recruitment, training, and career management (including transfers to provinces and federal law enforcement agencies) are managed by the Establishment Division (federal government), though PSP officers report to provincial governments and draw their salaries from provincial budgetary provisions.
These PSP officers can be assigned to any province, but lower ranks of police are permanent employees of provincial police organizations and cannot be transferred outside their respective provinces. Since the British era, this complicated service structure has created an elitist PSP that is a source of frustration for junior ranks
The Legal framework:
Our Police Forces like many in South Asia are modeled on the British Imperial Police of times gone by, Pakistan is still using acts and orders dating back to 1860 which Hassan Abbas in his working paper argues were designed to control people rather than serve.[5]
That said, Britain was the birth place of the modern police force, which recently celebrated it's 100th birthday. Today the British policing model of 'policing by consent' is the envy of every nation's law enforcement apparatus.
The police system in Pakistan finds itself in the confusing situation of having to work with a competing set of laws governing operational and legal structure: the Police Order 2002 and the Police Act of 1861.
The Police Order of 2002 significantly improved the laws and rules that govern the police organizations of Pakistan. It emulated the Japanese National Safety Commission system to ensure oversight of police by both elected and nominated members at local (district), provincial, and national levels.
It also provided for an independent prosecution service to place additional checks on the police. It provided police with operational autonomy in administrative as well as investigative spheres, while the various responsibilities of the police service (ranging from investigations and intelligence to watch-and-ward and guard duties) were divided among separate police departments to improve the efficiency of the system.
Its various provisions were further amended in 2004.
Oath of Office and General Duties:
All Pakistani Police constables and officers take an oath or affirmation which states:
I ___________________ do hereby swear/solemnly affirm that I shall be faithful and bear true allegiance to Pakistan and to the Constitution of the Islamic Republic of Pakistan; that as member of the Police I shall honestly, impartially and truly serve the people without fear, favour or affection, malice or ill-will; that I will to the best of my ability, skill and knowledge discharge, according to law, such functions and duties as may be entrusted to me as a member of the police and in such a manner as to uphold and protect the dignity and rights of the citizens; that I shall abide by the principles contained in the Code of Conduct for police officers.
Operational Police officers are expected to:
1. Protect life and property
2. Preserve order
3. Prevent the commission of offences
4. Bring offenders to justice[6]
Code of Conduct for Police Employees:
Article 114 of the Police Order, 2002 clearly lay out a set of rules that dictate how police constables and officers are to conduct their duties, deal with suspects in custody, search persons or premises and interact with the public.
The 18 articles of of the Code of Conduct are:
- Honesty and Integrity
- Fairness and Impartiality
- Corruption
- Politeness and Tolerance
- Use of Force
- Abuse of Authority
- Performance of Duty
- Lawful Orders
- Confidentiality
- Appearance
- Protection of Health in Custody
- Participation in Political Affairs and Voting
- Powers of Search of Person and Premises.
- Employment
- Extra Departmental Influence not to be solicited
- Police officers not to Indulge in Speculation
- Communication with the press
- General Conduct
Whether on or off duty, police officers should not behave in a way which is likely to bring discredit to the police service. Every police officer shall keep his temper thoroughly under control, shall act with courtesy on all occasions and shall not allow his composure to be disturbed by the behavior of others towards him.
In an effort to better understand the deontological ethics and their impact on everyday policing it is important to examine the Peelian principals as set out in General Regulations dated 1829 and attributed to Sir Robert Peel the founder of Scotland Yard.
The principals did much to define an ethics based police force in particular principal no. 5:
“To seek and preserve public favor, not by pandering to public opinion, but by constantly demonstrating absolutely impartial service to law, in complete independence of policy, and without regard to the justice or injustice of in the substance of individual laws, be ready offering of individual service and friend to all members of the public without regard to their wealth or social standing, by ready exercise of courtesy and friendly good humor, and by ready offering of individual in protecting and preserving life”. [7]
The above excerpt from the nine Peelian principals identifies the need of social control, self-regulation and the concept of reciprocity within society and particularly how the police and public engage with each other. The principals set out an ethical framework and moral criterion which encourages the public to act according to the laws and norms of society.
Professor of psychology and law at Yale university, USA, Tom R Tyler sets forth the argument for social control and regulation in his paper ‘trust and law abidingness: A proactive model of social regulation.
In his research the author aimed to explore the impact of policing and crime control policies within Hispanic and African-American communities. His findings showed:
“Trust plays an important role in shaping people’s reactions to their personal experiences with legal authorities.
This role is shown in two ways, first; people who trust the motives of the authority with whom they are dealing are more willing to defer to that authority. Such deference is voluntary and suggests that people are “buying into” the authorities decisions about how to handle a problem or conflict.
Second, trust leads to more positive feelings about the legal authority involved. As a result, it dampens the likelihood of conflict and escalations into confrontation and use of force situations. When people trust authorities are acting in good faith, they are less likely respond to their actions with hostility and resistance. - Tyler.T (2001).[8]
Sadly policing by its very nature is a profession where constables and officers will come into contact with conflict, Code E (i) of the Police Order 2002 states:
A police officer defending himself, or lawfully enforcing his authority, shall act using minimum force.
An officer is not allowed to use firearms against any person, unless the use of these weapons is justified by self-defense, defense of others against the imminent threat of death, or to prevent the perpetration of a particularly serious crime, or to arrest a criminal.
Officers must never knowingly use more force than is reasonable, nor should they abuse their authority.
It is therefor important to understand that Police officers and constables may encounter situations whereby the use of force will be necessary, either to obtain compliance or to subdue an immediate threat to life. However the act of witnessing an officer in uniform use force non-lethal or lethal can be traumatic and elicit a range of mixed emotions and reactions for the observing public.
In the U.S the Police developed the police Use of Force Continuum, which was designed for the police who appeared before police review boards. It was originally used as an objective guideline to determine if the force utilized was “proper” and “justified.”
The Use of Force continuum provides the officer with a decision making model for deploying force ranging from the very low scale visible deterrence through to the the top of the scale, use of lethal force.
In the U.S. police officers are taught and trained to use the Use of Force continuum to risk assess, justify and document their use of force as reasonable, necessary, and lawful.
Lack of community involvement:
One of the major issues behind the police suffering a negative image is the lack of community engagement, be it though citizen police liaison committees or volunteer schemes[9].
Several examples of community involvement outside Pakistan include safer community workshops where members of the community can share intelligence with the police, community intelligence may be defined as information acquired directly or indirectly from a variety of sources, including the community, a geographical area or a group of people with shared identity or common concerns and partner agencies.
An example of community intelligence is Crime Stoppers in the UK or the First Observer Program in the USA.
Another example from the U.K is that of Special Constables: In many parts of the U.K the police recruit and retain volunteer police constables to help police their local community, this has a positive impact on police-community relations and helps develop stronger public/private partnerships in these communities.
Recommendations for reform:
Implementation of the 2002 Police Order nationwide. The government should strongly consider implementation of the original 2002 order minus the 2004 amendments which paved the pay for political interference in the police. There should be provisions for community policing, with greater oversight and involvement from the public into the operations and performance of the police.
Implementation of a National Use of Force Continuum: The Use of Force Continuum is a proven methods of decision making that allows officers to risk assess their use of force when facing conflict and threat, a locally adapted version of the continuum should be adopted and implemented to prevent excessive use of force or complaints of police brutality.
Body Worn Video: The police has made great strides in implementing city wide CCTV coverage and ANPR(Automatic Number Plate Recognition), the next phase should be to introduce body worn video cameras for front line officers.
Countless case studies from the police forces worldwide have shown that the use of body worn video improves police transparency, accountability, protects the officer, the public, improves evidence gathering and reduces complaints.
Awareness campaigns: The government should run awareness campaigns promoting citizens rights and police accountability, specifically in relation to abuse of authority and excessive or illegal use of force. Very few people in Pakistan have any knowledge of the Police Order of 2002 or their rights when being stopped/searched or detained by police.
Secondments: Talented junior officers and head constables are frustrated at the lack of progress or linear progression, junior ranks should be encouraged to consider progression into other specialist fields on short term secondments, this will bring fresh ideas and also motivate dedicated employees.
Community Intelligence Fusion: The present disconnect between the community, special-branch and NACTA is a wasted opportunity, the government should consider developing a intelligence sharing platform by promoting neighborhood watch schemes and citizen police liaison committees to foster trust between the police and the public.
Bibliography:
[1] Pakistan Security Situation Report: Pakistan Institute of Peace Studies, 2016:
[2] Pakistan Security Situation Report: Pakistan Institute of Peace Studies, 2018: Available from https://www.pakpips.com/article/book/pakistan-security-report-2018
[3] Baqir Sajjad Syed, “Pakistan Loses $400m to ‘Enhanced Oversight,’” Dawn, March 3, 2010.
[4] Counter-Terrorism and Pakistan Police, Capacity and Challenges. Center for Research and Security Studies, Pakistan. 2015 available at CRSS.PK
[5] Reforming Pakistan‘s Police and Law Enforcement Infrastructure , Hassan Abbas, United States Institute of Peace, 2011.
[6] 2nd Schedule, Article 24, Police Order 2002.
[7] The Seven principals of public policing, UK Government. Available at: https://www.gov.uk/government/publi...ublic-life/the-7-principles-of-public-life--2 accessed on 04/06/2018.
[8]Tyler. T (2001) Trust & Law Abidingness: A proactive model of social regulation. Yale Law School. Page 377. Available to download at: digitalcommons.law.yale.edufss_papers/3031/
[9]Counter-Terrorism and Pakistan Police, Capacity and Challenges. Center for Research and Security Studies, Pakistan. 2015 available at CRSS.PK
@EvilAngel @Horus @Jango @Tps43 @Abu Zarrar @HRK
First published on my blog.
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