ASIA: Asian governments need to change policing based on the use of torture
As the International Day in Support of Victims of Torture is
commemorated on the 26th June the Asian governments need to face up to
their failure to honour their obligations to eliminate the use of
torture in their countries. The use of torture is endemic in Asia and
the reason for this is that the policing systems still use torture as
the main method of investigation into crime. The extent to which torture
is used is scandalously high and the time to stop it is clearly now.
Policing in many Asian countries is still very cruel, primitive and also
inefficient and corrupt. The extent of the governments' failure is
reflected in the widespread use of torture and their unwillingness to
deal with this problem. The nature of the policing systems is very much
linked to the kind of political systems that still prevail in Asia.
These political systems have made possible the abuse of power and
corruption and the local policing systems are used as instruments to
facilitate such abuses and corruption.
The use of torture by the police contributes to prevent the development
of democratically based political parties. Internal democracy within the
parties is prevented by powerful politicians who aspire to power more
for personal gain rather than in the service of any national objectives.
Internal forces of repression prevent a healthy competitive spirit
through which proper political leadership can emerge within these
parties. The ruling parties also use the police as an instrument to
suppress other political parties from emerging. In this manner the
internal democratic process is seriously disturbed by the use of
coercion in favour of a few powerful persons. As a result national
institutions, vital to ensuring accountability and transparency, are
prevented from being developed.
Bad policing based on the constant use of torture and coercion
contributes to violence within societies. The chief beneficiaries of bad
policing systems are those engaged in organised crime. In many
countries direct links are visible between the police and the organised
gangs. The emergence of the underground forces disturbs the peace within
society and complaints of insecurity are constantly heard from most of
the countries.
The fear of the police has so deepened in society that women openly
complain that they will not dare to go to a police station even if they
have to face some problems which requires the intervention of the
police. The fear of rape and sexual harassment by the police has
developed to such an extent that women in Asian societies openly express
the view that the police are a socially unfriendly agency. During the
months of May and June of this year the Asian Human Rights Commission
interviewed women from several Asian countries and they unanimously
expressed the view that policing in their countries has emerged as an
agency which has a negative influence on society.
Bad policing with their power to use coercion and the manipulation of
their powers of arrest and detention has reached such levels that many
societies cannot make any progress towards democracy or rule of law
without first dealing with serious police reforms. Radical police
reforms remain the primary requirement of social stability and the
prevention of violence.
Unfortunately the use of propaganda relating to the elimination of
terrorism has also been used in order to further enhance the
possibilities of the misuse of police powers. Under the pretext of anti
terrorism even the limited achievement relating to the development of
rule of law systems have been undermined. Through extensive powers
acquired by anti terrorism laws the powers of arrest and detention are
being misused in high proportion. Such abuse is accompanied by
extrajudicial killings, by either death in custody or through forced
disappearances. Serious crimes are being committed in the name of anti
terrorism and as a result impunity has become widespread. The citizen is
powerless under these circumstances.
Bad policing and abuse of power through anti terrorism laws has become a
major threat to the independence of the judiciary. The judiciary in
many countries is powerless when investigations are subverted and when
the law enforcement agencies themselves engaged in serious crimes.
Recent studies show the manner in which even legal remedies like habeas
corpus actions have become ineffective in the face of massive violations
by law enforcement agencies.
A theory is now gaining ground that the use of overwhelming power is the
only solution to terrorism. Sri Lanka's experience in the suppression
of the LTTE is now being used as a kind of model or example on how to
deal with terrorism. The safeguards developed to protect individual
rights are even being ridiculed as impractical or counterproductive.
Ideological support for the use of naked power and the justification for
impunity is being promoted.
All these tendencies are only contributing to create insecurities in
society and for unscrupulous politicians to abuse power for their own
purposes.
The Asian Human Rights Commission calls on the societies of all Asian
countries to take serious note of this dangerous situation. In recent
years civil society organisations themselves have compromised with these
negative developments and as a result contributed to this situation.
Today civil society is challenged by these threatening developments and
it is time that civil society faced up to this challenge.
The elimination of torture-based policing and all kinds of
justifications for the unscrupulous use of power need to be stopped.
This is the issue that needs to be reflected upon by civil society as
well as the governments on the occasion of the International Day in
Support of Torture Victims. Unless the negative developments mentioned
above are seriously dealt with the number of torture victims will only
increase. The Asia Human Rights Commission also calls upon the United
Nations and the international community to deal with this situation
without ambiguity and delay.
Kindly see the statements by women of several Asian countries who have
called for the end of bad policing and the use of torture. These may be
seen at: http://www.ahrchk.net/statements/
