Independent Police Complaints Commission : Perils of political interference

The Independent Police Complaints Commission will be operational soon, replacing the Police Complaints Division of the National Human Rights Commission. Opinions seem to be divided. While some people welcome the setting up of this commission, lots of detractors find that this upgrade still lacks credibility due to political appointments.

The then Prime Minister Sir Anerood Jugnauth introduced the Independent Police Complaints Commission Bill in the National Assembly in July 2016, to replace the Police Complaints Division currently chaired by Marie-Lourdes Lam Hung. However, it is two years later that the new commission will now be set up.  In the Private Notice Question on Tuesday 3rd April, the Leader of the Opposition Xavier-Luc Duval asked the Prime Minister to state when the Independent Police Complaints Commission will be operational.

It is the Mentor Minister Sir Anerood Jugnauth who answered, stating that police brutality is a worldwide occurrence but that there is no excuse for those who are found to have been involved in any act of police brutality. The Mentor Minister uttered that since 01 January 2015 to date, 541 complaints of alleged police brutality have been referred or reported to the Police Complaints Commission.

Regarding the setting up of the Independent Police Complaints Commission Bill, the Mentor Minister indicated that the purpose of the Act is to set up an Independent Police Complaints Commission separate from the National Human Rights Commission. He explained that the Commission will investigate complaints made against police officers while performing their duties, other than complaints of acts of corruption or money laundering offences.

Sir Anerood Jugnauth declared that arrangements have already been made for the Independent Police Complaints Commission Act to be proclaimed on 09 April 2018 and explained that following the Gazetting of the Proclamation Order and the swearing-in of the Chairperson and the Members, the Commission will become fully operational.

Regarding the question of the Leader of the Opposition, Xavier-Luc Duval on the appointment of political activists as Commissioners, the Mentor Minister uttered that these people are qualified and there are no reasons why they should not be appointed if they have been found suitable. Will this impede on the Commission’s independence and proper functioning? Some believe that there will always be suspicions of political interference with political nominees at the Head of the Commission. 

According to a report by the British Home Office in October 2017, the annual death per million in the population in Mauritius was four times higher than that of Australia. This report mentions a series of recommendations to be applied to reduce the number of victims in police cells among the installation of CCTV cameras to ensure better surveillance, better training of police officers in first-aid by health professionals. However, these recommendations are very similar to those made by the Police Complaints Division to the authorities, among those the setting up of first aid equipment, a screening to identify allergies or illnesses of prisoners before incarcerating them and the training of police officers in first aid. So how different will the Independent Police Complaints Commission be from the Police Complaints Commission and what changes will it bring?

Inspector Jaylall Boojawon: “We have an outdated system of working in the police”

Inspector Jaylall Boojawon says that he has nothing against the Independent Police Complaints Commission. “I have nothing against, as it is the government’s will. However, I have noticed since some time that the government is coming forward with some measures targeting the police,” he uttered. The President of the Police Solidarity Union uttered that the nature of police duty is to deal with members of the public and investigate in matters. “However, the issue with the Independent Police Complaints Commission as well as the Police Criminal Justice Bill, which will soon be introduced at the National Assembly, is that they are confining the police’s field of action. It will impact on our work. It is a political maneuver. The government is doing this to pacify the public and to show that they are working.”

He trusts that what is needed is a genuine reform in the police. “We have an outdated system of working in the police. Crimes and modes of crimes are evolving and advancing while our police force is stagnant. What we need is the restorative justice like in the UK. It emphasizes repairing the harm caused by criminal behaviour and considers crime and wrongdoing to be an offense against an individual or community rather than the state. It also emphasises that victims and offenders have to mediate a restitution agreement. In Mauritius we have more victims than offenders. So this restorative justice will help victims whereas this Commission will be protecting offenders rather than victims.”