The incident of the reported killing of three suspected armed robbers at Paragon Pub at Mallam-Atta on April 12, 2013 raises important concerns about Police Accountability. Police who are dealing with violent crimes are often times responding to very dangerous and highly charged situations. Nevertheless as a Police Service operating in a democracy where the rule of law is supreme we expect no less of them than that they conduct themselves in terms of established standards of professional behavior.
On Friday, 12th April, 2013, it was reported that the Police had shot and killed three suspected armed robbers at a drinking spot in Mallam Atta. Speaking to Joy News on Monday 15th April 2013 and other media houses on the issue, the Greater Accra Regional Police Public Relations Officer, DSP Freeman Tettehnarrated that the three suspects who were on unregistered motor bikes, died during a shootout with the police while attempting to rob the bar and because the Police had a stronger fire power, they were able to overcome them and in the process they were shot dead.
However, CHRI's fact-finding mission at the scene of the incident on 13th April 2013 suggests that the story put out by the police was inaccurate. According to those interviewed the suspected armed robbers came to pub in an Infinity car and as far as they could see and hear did not engage the police neither did they rob the Pub. The Police however opened fire on the car and the shooting lasted for about thirty (30) minutes.
The Police Intelligence and Professional Standards (PIPS) have come out to say that they have began investigations into the matter. While we commend PIPS for this swift response, over the past several months there have been increased reportage of police exchanging fire with alleged armed robbers and killing the said robbers. In some instances family members have come out to debunk the fact that the said victims were robbers. The GPS has until now not publicly announced the conduct of investigations into these shootings nor have they published findings about the number of such cases investigated.
At the risk of being branded a pro-armed robbery NGO, one pillar of Constitutional Democracy is the rule of law but when it comes to the use of firearms by officers of the Ghana Police Service, they have been acting with impunity.
Currently, the GPS is regulated by a Police Service Act, 1970 (Act 350), a Police Service Regulations 2012 (C.I. 76) and its Standard Operating Procedures (SOPs) known as the Service Instructions.
The Act has no provision on the use of firearms. However under the heading Disciplinary Offences, Section 82. (V) lists major offences in relation to the handling and use of fire arms. Standing Order 97 of the SOPs on the use firearms by police states among other things situations under which an officer is justified to use firearms.
Although Standing Order 97 (2) states that “It must be clearly understood that a Police Officer resorting to the use of firearms…….will almost certainly be called upon to justify his action before a judicial tribunal of some kind…..”,there is no provision under this Order providing for the constitution of an authority to carry out investigations into these circumstances in order to determine or justify use of firearms.
The absence of a Public Complaints Authority as recommended by the Archer Commission to deal with police misconduct and brutalities has allowed the police to act with impunity. The question then is, how can the police be a player and a referee at the same time in these issues?
CHRI is therefore renewing the call it has been making over the years for the establishment of an Independent Police Complaint Authority to ensure that the Ghana Police Service, in working hard to enhance public safety, will be mindful of accounting for its actions under the rule of law and hence be motivated to operate according to expected standards to avoid unnecessary victimization of alleged criminals.
Signed
Mina Mensah
Regional Coordinator, Africa Office
The Commonwealth Human Rights Initiative, Africa Office
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