Quality | 2009.07.05
My lessons for the police | Nuala O'Loan
Bringing human rights to bear isn\'t just legal nicety. It cut levels of violence all round in Northern Ireland
Policing has never been easy. It must deal with matters as diverse as human trafficking, murder, burglary, confrontational young people on street corners and major protests. The challenge in the UK today is to ensure that it meets all these responsibilities, while playing its role in the global fight against terror. It is vital that the methods used do not alienate the population, are not counterproductive, and do not grow the very terrorism and organised crime it is striving to prevent. Policing can be effective only with the community\'s consent. A human rights approach is one of the best tools to ensure a secure and fair society.
In giving evidence to the human rights inquiry of the Equality and Human Rights Commission, which I recently chaired, the National Policing Improvement Agency stated "if human rights are done right, they can have a powerful legitimising effect. They are a key part of effectiveness in policing." A member of the Association of Chief Police Officers also stated that "The [Human Rights] Act in an everyday policing context uniquely brings protection both for those state officials charged with upholding the rights of the state against deviant individuals, and for individuals who might be vulnerable to the misuse of state power."
When human rights are factored into everyday policing, things change. In Northern Ireland from 2000 onwards, as police ombudsman, I witnessed the early struggles of officers to engage with the reality of using a human rights approach, despite the requirement to police public order events involving widespread violence and even live fire.
As ombudsman I received very high levels of allegations of abuse of force, intimidation and harassment by police officers – over 50% of the 3,500-plus complaints during the first year fell in this category. Officers in Northern Ireland were 40 times more likely than their colleagues in England and Wales to attract such complaints. Large sums of public money were being paid in compensation to those injured by police officers, and to officers injured on duty. There were very high levels of police officer sickness and injury.
There was regularly excessive use of force. Policing had become repressive and separated from much of the community. Yet the fight against organised crime and terrorism requires maximum help from the communities in which terrorism may take root. The police had to win the confidence of communities, and to engage with people who had previously been set on murdering them.
As in Northern Ireland it is imperative that the conduct of policing in England and Wales is demonstrably compliant with the law, including human rights law. Excessive use of force either in individual situations or in major incidents will inevitably have the effect, at the very least, of alienating police from people. If, consistent with risk assessment, the use of police in riot gear, of batons and other tactics is minimised, there will be enhanced potential for a reduction in any violent reaction from demonstrators, with consequential reduced risk of injury to both police and people.
Each critical policing situation will require an individual strategic response. In terms of demonstrations, for example, it rapidly became clear in Northern Ireland that when policing large groups of people, particularly when the situation was anticipated, pre-event contact and discussion with group and community leaders could have very positive effects. It is possible to agree tactics to minimise the use of force. It requires courage by senior police officers, and responsibility and co-operation on the part of those organising such events, but it can dramatically reduce the tension.
As the police plan the event, if they factor in human rights considerations such as the right to freedom of thought, the right to assembly, and the right to liberty, together with the requirement not to use excessive force, the strategic direction of the policing will alter. With strong leadership, role-specific human rights training, effective command chains, adequate communication between officers on the ground, and a robust independent police accountability mechanism, the potential for real trouble can be averted. Consideration during planning of how crowds can disperse peacefully, and how people and property on the dispersal route can be protected is vital. When people are forcibly kept in any location, particularly where there are no toilets or water, tensions will rise and there will be enhanced potential for violence.
The results in Northern Ireland of developing effective human rights-compliant policing have been significant. People are now coming forward to help police in a way that has not happened in the past. Complaints of abuse of force, intimidation and harassment by police officers fell over seven years from 52% to 36% of complaints. The level of compensation paid, and the number of officer days lost as a consequence of injury on duty also diminished rapidly. People and police officers are safer, and suffer less injury. Part of this can be attributed to wider political events; however much of the improvement is clearly the result of the introduction of human rights-compliant policing in a context of real leadership and of strong accountability mechanisms.
For more information, please visit
http://www.guardian.co.uk/commentisfree/[...]rights-police-northern-ireland
