Anti-Corruption Capsules:ADDRESS POLICING TO CURTAIL CORRUPTION

By SAM KOIM

This is a proposal to rescue the police force from a total breakdown of discipline. It is acknowledged that one of the landmark Police Reviews was conducted during the reign of Hon Bire Kimisopa as the Minister for Police in 2004. It is understood RPNGC is embarking on implementing that review recommendations including the current modernization program.

It is no doubt that law and order are the foundation for economic growth and prosperity for our country. One of the major institutions that maintain law and order is the Royal Papua New Guinea Constabulary (RPNGC). Holding the police accountable will in turn hold the criminals accountable.
It is increasingly becoming a major concern around the country that police accountability is dissipating faster than the speed of a jet. We are not holding individual police officers responsible for effectively delivering basic services of crime control and maintaining order, while treating individuals fairly and within the bounds of law. Police are expected to uphold laws and regard due process. In a democratic society such as ours, the Government must seek to keep the police accountable and that they reflect the "will of the people" as given to them through the Constitution. In turn, holding police accountable is important for maintaining the public's "faith in the system".

Current Problem

Papua New Guineans are no longer feeling safe to resort to police for law and order issues they face. Every day, the local media is filled with stories of police misbehaviour.
A number of chronic problems with the RPNGC are highlighted in the Police Review Report which includes:-
• drunken behaviour, particularly on afternoon and night shifts
• extortion and theft from motorists by way of illegal on-the-spot fines
• extortion from suspects of crime including corrupt persons
• emotional retaliation against the public when a police officer is attacked by civilian
• bailing prisoners without issuing a bail receipt
• excessive and unprovoked violence when arresting suspects
• disregard of the law by, for example, conducting raids and seizing property without a search warrant
• rape or sexual assault, in some cases in Police stations or cells
• misuse of Police vehicles
• absence without leave
• destruction and theft of the property of citizens
• destruction and theft of Police property
Police brutality continues to cost the State hundreds of millions of kina in civil suits against the State. It is estimated that civil suits against the State as a result of police torts are the highest of all claims made against the State.
The situation is getting far worse each year despite the genuine attempts of the Government.
The Police Review Report identified numerous problems and recommended corresponding solutions. In this paper, only two main causes are considered pivotal to this issue:
• Lack of Proper Training
• Lack of Discipline

1. Training

Every police officer goes through a basic six months training at the Bomana Police College. That training is not sufficient to instill discipline, professionalism and requisite policing knowledge. There are others who are lucky to go for further cadet training and other forms of skills training both within country and offshore.
The Police Act 1998 and the Constitution does not distinguish which police officer should have which powers when it comes to investigating, arresting and charging. All police officers have those powers and the exercise of those powers is not subject to anyone outside of the Force’ control or direction. As such, and generally speaking, so much power is given to inadequately trained officers without adequate accountability, a total recipe of misuse and abuse.
Other countries like Australia have police academies where they commit years in training their law enforcement officers. How we train them, is how we expect them to perform.
In this context, the recent introduction of the Police Leadership Course at the Bomana Police College with the assistance of Ausaid in partnership with the Manly based Australian Institute of Police Management is highly commendable.

2. Discipline

Police do have an Internal Affairs Directorate which is responsible for investigating police misconduct. Without meaning to denigrate the directorate and its hardworking officers, the effectiveness of its role since its establishment is reflected in the disciplinary of the police force in the country.
How police are investigated is not just a "police" issue. Nor is it just a legislative or political one. How police investigate themselves is a fundamentally human issue. No member of the public who has experienced the death of a loved one as a result of police action would ever want another to experience the same pain. No police officer would ever want another officer to have to take a life which they are deeply committed to protecting. And no police officer would ever want to investigate a colleague who has violated the laws (and code of conduct) which they are dedicated to uphold. Police officers are therefore inclined to protect their own kind.
RPNGC has signed a Memorandum of Agreement with the Ombudsman Commission for the OC to investigate police misconduct and recommend to the Police Commissioner for disciplinary actions. That appears to be a solution but that has little or nil effect and the problem is in fact continuing to grow. Besides, the OC has its own leadership code related cases to worry about.
Under the Police Act 1998, the Police Commissioner involves at the initial charging of a police officer for misconduct and then acts as the reviewing authority for the same decision. Such an arrangement is contrary to the principles of natural justice as enshrined in our Constitution.
In most cases, disciplinary processes are not completed, allowing rogue police officers to spread their contagious crooked behaviour within the constabulary. At other times, the disciplined ones await a change of Police Commissioner and then approach the new commissioner who then re-enlists them back into the force for duty.

Experiences Elsewhere

New South Wales Experience
The Police Integrity Commission was established in 1996 by the NSW Parliament on the recommendation of the Royal Commission into the NSW Police Service. It is separate from and completely independent of the NSW Police Force.
Its principal functions are to detect, investigate and prevent police misconduct, and as far as practicable, it is required by law to turn its attention to serious police misconduct by NSW police officers.
The PIC's functions also include the detection, investigation and prevention of misconduct by administrative officers of the NSW Police Force and officers of the NSW Crime Commission.
Queensland Experience
The Australian State of Queensland also experienced rampant Police misconduct prior to 1990. The Fitzerald Inquiry of 1987-89 recommended the creation of the Criminal Justice Commission which is totally independent from the Queensland Police and oversees the conduct of police officers.
The Criminal Justice Commission was then merged with the Queensland Crime Commission and is now called Crime and Misconduct Commission (CMC), which is the Anti-Corruption Agency for Queensland. The CMC is an independent body that strives to keep the institutions ethical and accountable; their police honest; and their communities as free as possible from corruption and organised crime.
The US Experience
In the US, there was an experience that early efforts at police reform often involved external commissions, such as the Wickersham Commission, that spelled out reforms but left to the police to implement them, often with limited success.
Others
There are other countries such as Canada who have established citizen oversight bodies to keep the police accountable.

The Police Review Recommendations
The Police Review recommended that a transparent process of review of police actions is essential for building confidence and trust. The Review Report acknowledged that the current internal arrangements for enforcing discipline, monitoring compliance and auditing performance are weak. To assist the Commissioner in coordinating the accountability monitoring and review processes within the Constabulary, it was recommended that an Office of Inspector General of the Constabulary be established, reporting direct to the Commissioner and working with the Ombudsman Commission.
The pivotal role of the Inspector General is to ensure effective corporate governance. It brings together the critical organisational performance management elements of Internal Audit, Internal Affairs, and Command Inspection and Review to give teeth and substance to the implementation of Commissioner’s Directives. It also brings into being a Discipline and Employment Review Board to assist the Commissioner in the application of penalties and employment review.

Proposed Solution
After considering all of the above, it is apparent that unless the police disciplinary functions are taken out of the RPNGC and exercised independently, the disciplinary problems now faced by the RPNGC will continue to rise. There is an option to promulgate the current arrangement between OC and RPNGC into their respective enabling legislations and consolidate it. Taking up the option of establishing an Office of the Inspector General as recommended by the Police Review Report is another viable option. Better still, it can be either incorporated into the new anti-corruption agency (ICAC) like the Queensland CMC or established independently as a separate organisation like the Police Integrity Commission of New South Wales, whichever the case may be, so long as it is independent from the RPNGC.
The Police Commissioner can deal with minor disciplinary issues but the major cases must be automatically referred to the independent body.
The Commissioners of the Independent body must be immune from prosecution by police officers but must be made accountable through different checks and balances. That is to avoid resistance and retaliation from police officers.
Most renowned anti-corruption initiatives of many countries started from addressing police misconduct and corruption. Police powers under the Constitution transcend agency territorial limits. Once the law and order problem within the police force is addressed, the law and order problem in the country will be reduced.

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