Tuesday, September 15, 2009

Police, firepower and human rights

We have the history we have in South Africa of police brutality during apartheid. We have a constitution based on human rights and the rights of police to shoot have been defined in the police act. And now the police minister wants to increase the police's firepower. Numerous comments have been made on this matter. But:

  • Most of us have no idea of what it is like to do the job the police do. Imagination is insufficient. We know that even if someone has been trained for months and they have not been exposed sufficiently to the sensory experiences of being shot at that they can freeze or not respond correctly. How much less can people judge who have not been there at all?
  • Human rights is a beautiful philosophy. In practice it leads to numerous dilemmas which are extremely difficult to resolve. Professional philosophers struggle with these dilemmas. The police officer on the ground has no chance of resolving these dilemmas.
  • It is, I think, a matter of interpretation. If criminals are carrying heavy caliber or automatic weapons it should be interpreted that the police officers as well as the public’s lives are endangered. Waiting for them to demonstrate further aggression is stupid. Dead police cannot shoot back. Hopefully the new amendments will sort this out.
  • There are confusing demands on the police officer on the street. If they arrest a gang of hijackers, the commanding officers will ask them why they are still alive. They understand the message. The community demands strong action; I suspect that if we surveyed people, most are going to demand that criminals are shot dead. Everyone is gatvol. The police know this. They act in compliance with society’s demands. They know the law, but they also know society does not always agree with the law.
  • It comes down often more to whether we want to know what is happening or not. We can keep the law as is and reports will be manipulated so that it appears that the police are sticking to the law. We’ve had this before in South Africa. I do not doubt for a moment that it continues. All current reports indicate the police were shot at and then opened fire. Maybe I am unduly cynical, but I do not believe this. It does prevent controversy, suspensions and internal investigations when it is presented in this way. And the police are congratulated on their quick action. We, as a society can recognize all the issues involved and take responsibility for decisions made, but I doubt that we have the courage. A policeman (who has committed various atrocities) explained to me that he is a sacrifice for the community. He does what we expect him to do and carries the guilt and emotional effects as a result. We just want results and do not know what he does in order to get the arrest and conviction. I think he is right.

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