We All Have Human Rights

In the past weeks, I came across some viral videos in which some civilians were subjecting law enforcement officials to inhumane treatment when they were performing their lawful duties. Many officers have died because of such callous acts, may the souls of such officers who were serving mother Ghana and lost their lives continue to rest in peace.

I am an advocate for Police – Public cooperation. It promotes proactive policing, strengthens public trust for the police, and this makes the police to be very effective and efficient. In total, it promotes peaceful and crime free society.

I abhor police brutalities, abuse of discretionary powers and absolute disregard for human rights. Article 12(2) of the 1992 of Ghana’s constitution states “Every person in Ghana, whatever his race, place of origin, political opinion, colour, religion, creed or gender shall be entitled to the fundamental human rights and freedoms of the individual contained in this chapter subject to respect for the rights and freedoms of others and for the public interest.” Article 15(2)(a) of same constitution also frowns on subjecting persons to torture or other cruel, inhuman or degrading treatment or punishment among others. The law enforcement officers are also covered by this constitution.

We all witnessed how some Ghanaians, including lawmakers and human rights activists condemned the military raid in Ashiaman over the killing of a young military officer. Some state institutions issued statements calling the operation barbaric and unprofessional. To some extent these remarks are right but what about the civilians who took the law into their hands and committed that heinous crime?

Recently there is a viral video in which some group of civilians have attacked a policeman in uniform, subjected him to severe beating, strangling him and trying to disarm him. This happened in Kumawu in the Ashanti region. According to the Kumawu district police situational report, the police officers were on patrol duty when they intercepted a taxi cab with registration AS 9504 – 19 with seven passengers on board. The police started to conduct search in the car and this irritated some of the passengers who then attacked the police. Not quite long similar incident happened at Axim, when some illegal miners (gallamsayers) were seen in a video humiliating some police officers.

Where have we gotten? Where are the civil and human rights activists? Does the officer in uniform have human right? If his/her human rights is violated what happens? Again, at what point should the law enforcement officials resort to the use of firearms?

The Basic Principles on the use of force and firearms by law enforcement officials Adopted by the Eighth United Nations Congress on the Prevention of Crime and the Treatment of Offenders, Havana, Cuba, 27^th August to 7^th September 1990 in Principle 9 states as follows: “Law enforcement officials shall not use firearms against persons except in self-defence or defence of others against the imminent threat of death or serious injury, to prevent the perpetration of a particularly serious crime involving grave threat to life, to arrest a person presenting such a danger and resisting their authority, or to prevent his or her escape, and only when less extreme means are insufficient to achieve these objectives. In any event, intentional lethal use of firearms may only be made when strictly unavoidable in order to protect life.”

The Police Service instructions number 97 (3) also gives the conditions under which a police officer can resort to the use of firearms and will be justified. The conditions are similar as the ones stated above which includes defence against imminent threat of death or serious injury, to prevent a particular serious crime involving great threat to life, to enable person resisting arrest to be arrested if he or she is about to commit a particular serious crime that involves grave threat to life and to enable a person resisting arrest to be arrested if he or she is about to commit a particular serious crime that involves grave threat to life. The use of firearm should be aimed to stop a criminal suspect not to kill him or her.

The criminal and other offences act 29 of 1960, also stipulates in sections 31 to 37 when use of force is justifiable. I do not want to bother my dear readers with much quotations but want to arrive at a point that the riffles issued to law enforcing officials during duty are not for fun but business. Their riffles are serviceable and functioning very well. The magazines are fully loaded with ammunitions.

Looking at what transpired in the Kumawu video, was the life of the police officer in imminent threat? Imminent or immediate threat should be considered in “a matter of seconds, not hours. (UN special Rapporteur on summary executions, 2014, paragraph 59).

What sent Alonzo Bagley to the grave by Loiusiana police officer Alexander Tyler, does not come close to what I witnessed in this Kumawu video. I will not talk much about the timidity or naiveness of the other police officers who were looking unconcerned whilst their colleague was being strangled to death. What were they waiting for? Were they waiting for charge orders from COP (Rtd.) Akrofi Asiedu?

Dear Police officer, you are mandated to protect property and life which yours is the paramount. People depend on you, your family and friends so do not disappoint them. If some criminals behave towards you as animals, kindly treat them as such. Read more about the weapons given to you for duties and know when to use them. You equally have human rights that need to be protected.

Fellow civilians, the law enforcement officers (police officers) are not a foes but friends. Let us all cooperate with them in the prevention of crime in the society. They are also part of us who have been given uniforms, to perform a function on our behalf. Let us support them to perform their duties than to humiliate them. Crime prevention is a collective responsibility. I remain a citizen, not a spectator.

By: Jonas Owusu Ohemeng
Development Communicator
Inspirational speaker
Security Analyst.
[email protected]