- File
A policeman climbs up a tree to search for guns in West Kingston communities under the new crime initiative.
Yvonne McCalla Sobers, Contributor
In Germany, the Nazis first came for the communists, and I did not speak up, because I was not a Communist. Then they came for the Jews, and I did not speak up because I was not a Jew. Then they came for the trade unionists, and I did not speak up because I was not a trade unionist. Then they came for the Catholics, and I did not speak up because I was not a Catholic. then they came for me...and by that time there was no one to speak up for anyone.
- Martin Niemoller, pastor
German Evangelical (Lutheran) Church
'HARD POLICING' was enforced after the Morant Bay Rebellion and has remained the dominant pattern of policing in Jamaica.
Despite more recent attempts to tack 'soft' policing onto 'hard' policing, many have learnt that the policeman with the smile cannot protect them from his colleague with the M16.
Today, many call for more of the measures that have failed in the past. Perhaps we need to look instead to professional policing based on principle, adherence to law, and respect for citizen's rights.
From Paul Bogle's time till now, backras have demanded militaristic buffers between themselves and those in the field who may want little more of the state than a fair chance to survive.
The less privileged are long accustomed to excessive police force, arbitrary searches, unlawful detentions, and extra-judicial killings; they may well be in greater need of having rights restored rather than suspended.
Independent Jamaica has gone through cycles of panic and draconian legislation leading to worse crisis and greater panic and more draconian legislation.
The outcome of these measures has so far been an apparent increase in desperate and ruthless criminal behaviour, notably involving teens who believe "dem born fi dead" and therefore, "dem naah live fi nutten". Murder rates have risen from 65 in 1962, to 425 in 1989, to 1138 in 2001.
BREAKING CYCLES OF INSECURITY
What appears needed is policing that breaks the cycles of deepening insecurity. If police are to prevent crime as well as reduce crime and fear of crime, they need to build alliances with law-abiding citizens.
War on crime might send more bodies to the morgue, but restoration of peace requires the quality of policing that makes law-breakers outcasts rather than saviours. Anarchy is at hand when citizens mistrust the police too much to cooperate in solving crime and ending violence.
Policing measures will have no effect if they are aimed at polishing the image of the police force while corruption and brutality persist.
Change is simulated but not generated by the cosmetic policing that communities may experience when police officers, for example:
Make friends with the community and attempt to present the police in a favourable light, but give no commitment that police squads will be held accountable for abusing power.
Study community policing as part of their training, but work with systems that reward combat policing;
Convert guard rooms to people-friendly reception areas, but cannot control the disrespect people suffer in their homes, on the streets, and in the lock-ups.
The depth of the present crisis requires policing that is professional and principled rather than either brutal or cosmetic.
Before it is too late, we need to learn from the Israeli-Palestine experience that the most severe, extreme, and resolute measures can strip away dignity and create resistance beyond the control of the most outstanding military might.
Principle-based policing means police adhere to rules of engagement already laid down for them. For example, Jamaica is a signatory to the Code of Conduct for Law Enforcement Officials, adopted by General Assembly resolution 34/169 of 17 December 1979.
This code includes the following Articles:
Article 3
Law enforcement officials may use force only when strictly necessary and to the extent required for the performance of their duty.
Police have a right to use as much force as necessary when they need to prevent crime or arrest offenders or suspected offenders.
The force used must be the exception rather than the rule, and must be used only when less extreme measures would not provide enough restraint.
The Suppression of Crimes Act (1974), seemed to give special sanction to the use of excessive force leading to loss of life and limb.
For example, police firing to stop passenger vehicles has resulted in the death of Kemar Bryan in Twin Gates Plaza (2001), and the paralysis of Nicole Webb on Waterloo Road (2002).
The already difficult task of the police can only be made more difficult if they use excessive force on those who pose no threat to them, and could well have information that could assist the police.
Article 5
No law enforcement official may inflict, instigate or tolerate any act of torture or other cruel, inhuman or degrading treatment or punishment.
Young men have reported mock executions, gun butts, kicks in the ribs, stomps in the stomach, and gladiator chops (hard slaps that can burst the ear drum) while in police custody.
Not surprisingly, civilians who experience or witness police brutality find difficulty in volunteering information police need to solve crime.
Article 7
Law enforcement officials shall not commit any act of corruption. They shall also rigorously oppose and combat all such acts.
If the state cannot enforce the law against agents of the state, it will not be convincing in its attempt to enforce the law among civilians.
If police extort money from taxi drivers, they lose moral authority to end criminal extortion.
If security forces kill or assault civilians with impunity, the power of the state shifts to the dons who provide protection and justice.
Countries such as Somalia show the anarchy that results when warlords have more credibility than the state.
The duty of the state is to protect its citizens, not to protect itself against its citizens. State-sanctioned injustice can only continue to provide brief respite followed inflamed unrest.
Principle-based policing, respectful of people's rights and relentless in bringing criminal suspects to justice, is likely to be our best protection, short-term and long-term.
If we do not speak for the vulnerable today, there may be no one left to speak up for anyone.
Yvonne McCalla Sobers is head of Families Against State Terrorism (FAST).
