It is a trite principle that if one fails to plan; he would eventually plan to fail. Planning is therefore the central pillar that holds any successful action. Consequently, for successful policing to be achieved to safeguard the lives of all the people in Ghana, the principles of P.L.A.N (Proportionality, Legality, Necessity and Accountability) must be religiously observed. This is surely one of the means to reform a police culture that is currently characterized by disregard for human rights.

POLICE BRUTALITIES

The May 9 stadium disaster in 2001 revealed that our police officers present failed to observe the principles of PLAN. The trend continues unabated. On February 21, 2006 approximately 20 persons were injured when the police used tear gas and water canons to deprive participants in a major opposition demonstration against the Representation of the People (Amendment) Bill (ROPAB). On April 20, 2006 anti-riot police fired tear gas to disperse students at the University of Ghana, Legon who had started a riot to protect the results of student government elections. Eight persons were injured on September 9, 2006 when police opened fire during a demonstration by students of the Institute of Professional Studies in Accra. Police reportedly fired indiscriminately into the crowd, used tear gas to break up the demonstration, and beat student demonstrators. Police brutality reports in the country this year continue to affirm the assertion that most of our police officers fail to exercise restraint during their operations. The latest police brutality report worriedly indicated that not only were the two hands of the suspect handcuffed, while in police cells, but also his two legs were chained. This indeed Contravenes everything proportional, legal and necessity.

LIMITING THE HUMAN RIGHTS OF SUSPECTED CRIMINALS

Human rights cannot be taken away arbitrarily and without legal justification. Police/security officers may be in a position to lawfully limit rights of people who are (for example) suspected of committing a crime, through arrest, detention, and investigation of crime, searches and other police activities. This can never be done without legal justification.

TO THE ERXTENT THAT IS NECESSARY

Any limitation on rights should be only to the extent that is necessary. As for example, it is very unnecessary to handcuff and chain someone who has been casted into police cells. Besides, it would be very unnecessary for a suspect in a trifle case, who for obvious reasons will never, ran away to be arrested and be detained. An arrest may be effected to a) prevent a person from committing, or continuing to commit, an unlawful act, b) enable an investigation to be carried out in relation to the alleged unlawful act committed by the person arrested, or c) present a person before a court of law for consideration of any charges against him or her. These among others may be some of the reasons that may necessitate arrest and detention.

THE PRINCIPLE OF LEGALITY

Any action to limit rights of a suspect should be legal (justifiable by reference to a valid law properly applying to the situation). Article 14 of the 1992 Constitution stipulates that every person shall be entitled to his personal liberty and no person shall be deprived of his right except in accordance with law. By article 9(1) of the International Covenant on Civil and Political Rights (ICCPR), ‘No one shall be deprived of his (or her) liberty except on such grounds and in accordance with such procedure as one established by law’. These provisions make it clear that the reasons for an arrest, as well as the procedures that should be followed during an arrest, must be found in the laws of the state. The ability to lawfully arrest is provided for in law because it is crucial to the justice process.

THE DOCTRINE OF PROPORTIONALITY

The use of any force or the extent of limitation should be proportional to what is lawfully being achieved. By detention, law enforcement requires that some coercive or forceful capability exist to ensure compliance with the law. Police are authorized to use force in certain circumstances, such as in effecting certain arrests, or in self-defence. From human rights perspective, when police have authority to use force, the most important principle is proportionality-using reasonable minimum force. This means that if no force is needed, for example to arrest a person, an officer should not use any force at all; if any force is used; it should be only so much as is strictly necessary to effect the arrest of that person.

ACCOUNTABILTY

It is also very important for police officers to realize that they may be held accountable for their unlawful actions. In the event of human right violations, adequate disciplinary measures and/ or legal proceedings must be initiated. International standards provide that: a) superior officers should be held responsible for abuses if they knew, or should have known, of their occurrence and did not take action, b) police are to receive immunity from prosecution or discipline for refusing unlawful superior orders and c) obedience to superior orders shall not be a defence for violations committed by the police officer. It is humbly therefore suggested to the Ministry of the Interior and to the Inspector-General of Police that the current sweeping measures in the police service should concentrate more on officers who are found of violating rights of suspects. Police /security officers must be accountable for their actions and inactions that constitute human rights violation.

CONCLUSION

The principle of legality, necessity and proportionality are paramount. Police officers should also act in an ethical way, and should be held accountable for their actions. The foremost requirement is that police officers must exercise restraint at all times, using non-violent means as far as possible and should resort to force only when it is strictly necessary and to the extent required for the performance of their duty. The use of such force should be exceptional and must satisfy the requirement of reasonable necessity and proportionality. That is, the arrested person shall not be subjected to more restraint that is necessary to prevent his escape. The increasingly police brutalities in the country are thorns in our flesh and it is a high time that we acted.