The Police Department has a youth program where it looks for youths in the community doing good and making a difference as role models and publicly recognizes them for it. So from time to time we hear the names of these young men and women in the media and we feel good to know that it is not for bad news, but rather good news.

However the irony of the situation is that the very department that honors them does not follow their own example, because they do not choose to do the right thing. So it’s one thing for them to call out on youths to do the right thing and another for them by example to actually do the right thing.

My recent encounters with several situations involving police have been very worrisome and point to a culture of them believing because they have the power over your freedom, they hold a big stick over you. This behavior is also seen in the conduct of the Commissioner of Police, whom I had always thought was a reasonable, above-board man, but whose public responses on several issues have left me re-assessing my position.

UNLAWFUL DETENTION

One of my recent encounters had to do with the totally unlawful detention of Jermaine for some nine hours despite him not being a person of interest in a murder that occurred at Ladyville. What is so disturbing about this is that he was picked up by police officers in Belize City, not under request by police officers in Ladyville. He was taken to the Ladyville Police Station and left there. Left locked up despite two factors: the investigating officer of said murder categorically informed he did not seek Jermaine in connection with the murder he was investigating, and despite Jermaine telling them his whereabouts so they could cross-check to see if it clashed with the murder time.

I ask, how could a police officer, the seniors at the Ladyville Police Station not assess the detention of each person daily as a routine to ensure their precinct is not being used to unlawfully detain innocent citizens? How come if Jermaine is taken to Ladyville after midday, at the close of the shift, the senior man in command did not ask for accountability for his detention and that of the young man who was with him when he was picked up that day? Also, since the investigating officer did not seek Jermaine and his friend for this murder, why did he not tell his NCO about the situation? Why hold two innocent men for no reason just because you can seek to justify it by saying you are entitled to keep them for up to 48 hours before releasing them? Why?

I must say I felt the attitude of the police was one of “no big deal”: we have detained them and we will go through the process of detaining them the 48 hours. But I then realized that those holding the fort were clueless that the earlier shift had left them holding the bag. At first the Corporal on duty was apprehensive about allowing the other police officers on duty to take statements from the two alibi witnesses, who could have proved that at about 6:30 p.m. the day before, while the murder of Vince Martinez, Jr. was taking place, Jermaine was at St. Ignatius Parish Hall attending a parents’ workshop so his baby daughter could be admitted to the school. With some persuasion, the senior officer ordered the two constables to take the statement.

Then when I spoke with Jermaine and he explained that the investigating officers asked why they brought him in for the murder, when he was not looking for this man in connection with said murder, I was shocked and proceeded to contact the investigating officer, Cpl. Sutherland, who was very honest and told me he had told them [didn’t call name] to release Jermaine as he was not a person of interest, but Belize City police nonetheless left him there booked. Cpl. Sutherland needs to get the “Do The Right Thing” award, because no matter what the games his colleagues were playing, he was not in on it.

THE SANCTITY OF LIBERTY & FREEDOM

The law cherishes the freedom of men and we know wars and rebellions have been fought over freedom. Freedom is the foundation of human existence and the basis upon which civilized societies are built. Freedom is so fundamental to our democracy that the whole first part of the Constitution of Belize addresses the issue of freedom. Your personal freedom and liberty is so important that it is addressed just after the right to life. The rationale being you may be living, but in captivity. Thus at Section 5 we find right to liberty, followed by the right to equal protection under the law. This is by design, because in a truly democratic society, no one, especially the state, can deprive you of your personal freedom without lawful cause. So we are ALL entitled to our personal liberty, as we call it “freedom,” but if we breach the law in specific ways we are also to be deprived of that freedom too, because our freedom ends where the rights of other people begin. So if we do certain acts against others or the state, the state, in this case represented by the police, is entitled to deprive us of that freedom.

Section 5 of the Constitution states:

“5.-(1) A person shall not be deprived of his personal liberty save as
may be authorised by law in any of the following cases, that is to say: -…

(e) upon a reasonable suspicion of his having committed, or being about to commit, a criminal offence under any law;…”

(2) Any person who is arrested or detained shall be entitled-

(a) to be informed promptly, and in any case no later than twenty-four
hours after such arrest or detention, in a language he understands,
of the reasons for his arrest or detention;

(b) to communicate without delay and in private with a legal practitioner
of his choice and, in the case of a minor, with his parents or guardian, and to have adequate opportunity to give instructions to a legal practitioner of his choice;

(c) to be informed immediately upon his arrest of his rights under
paragraph (b) of this subsection; and

(d) to the remedy by way of habeas corpus for determining the
validity of his detention.

The law and the law-officers are to operate on a basis of fairness and even when a person must be deprived of his liberty it is within specific parameters and conduct. This is the 101 of Law Enforcement and I would want the Police Department to “Do The Right Thing” and carry out their duty with these constitutional provisions engraved on their hearts. Even the worst criminal must be treated within the boundaries of the law, and when a law-officer fails to do that then he too becomes as criminal as the criminal he has judged already.

Now I think every Belizean knows that the police can stop, search, question and detain you. Of course this cannot be arbitrary or high-handed, and must be on a reasonable basis. If there is no basis, upon determining that the police must release that citizen. But even when the detention and arrest is lawful, it must comply again with the Constitution as set out at Section 5(3).

(3) Any person who is arrested or detained-

(a) for the purpose of bringing him before a court in execution of the order of a court; or

(b) upon reasonable suspicion of his having committed, or being about to commit, a criminal offence under any law, and who is not released, shall be brought before a court without undue delay and in any case not later than forty-eight hours after such arrest or detention. [emphasis mine]

93 HOURS DETENTION

It seems that the police, even the most senior, don’t understand this 48-hour rule and sadly it seems that while some officers readily respect this constitutional provision, there are those who refuse to abide by it, as was my experience this week when dealing with Corozal Police.

So this is the story of Anselmo and Shane, who were detained since 2:45 Sunday morning; that is, just after midnight ending Saturday. They were being suspected of sexual assault of a minor female and so the police had every right to detain them for 48 hours and within that time conduct all necessary investigation to determine if charges could be laid. When I checked in before the 48 hours, on Monday, and spoke with W/Cpl Lambey, she informed they were still investigating and I wanted to know if charges would be levied so I could travel to Corozal for their arraignment. If charges were laid, we agreed she would inform me, but if none they would be released. I did not hear anything from police or relatives of the men, so was sure they were released after the 48 hours.

However, it was not until Wednesday that the mother called and said the men were still detained, although there was no evidence against them. Not even the ID-parade proved positive. They are not being released and her vehicle remains impounded. I honestly felt this was incredible news since I had taken the silence to mean all was well. Now this is Wednesday at 4:00 p.m. that I am called again… these men have been deprived of their freedom for 84 (eighty-four) hours. I tried to call various persons at the station to no avail until I got through to ASP Arzu, whom I mistakenly referred to as Cpl Arzu and he was offended… my apologies.

But what proceeded next was amazing. He informed that he had been given verbal directives by a Crown Counsel from the Office of the DPP to release them but he would not do so until it was in writing. I tried to explain to him that the law is after 48 hours if they are not charged. DPP directives or not, the men must be released. And I asked him if he was changing the law and he reiterated he would not release and hung up the phone. I did not bother calling back, because as a senior officer, he should know what is the right thing and that he MUST DO THE RIGHT THING!

When a suspect is released upon or just after the 48 hours, police can advise that he is still a suspect and if needed, they will seek him out again. This may be for further interview, an ID-parade, collection of physical evidence on him or in his possession, and with new information and upon good basis he can be re-detained for another 48 hours. But now this CANNOT be abused since this re-detention has to be on very good basis, not just because you want to punish the man and deprive him of his freedom for another 48 hours.

I will not argue with police, because if they do not know the very law they are supposed to uphold, if they do not understand the sacredness of our Constitution, then who am I for them to believe… if the black and white of the Constitution does not persuade them? So I make sure I produced in this piece parts of Section 5 of the Constitution and strong advice that it be reproduced in big print and posted in as many places as possible in the police stations.

Needless to say after that I called more senior officers to address my concerns and must say that without much talking they knew that those men had to be released. I want to thank those few senior officers I can always call upon and they respond with respect and full knowledge of the law, the Constitution, and their power and its limitations. I will not call names for not wanting them to be targeted or to cause any tensions or jealousies…

Just after midnight Anselmo and Shane were released with no charges, just after midnight Wednesday and into Thursday… they spent the Constitutionally provided 48 hours and an additional 45 hours in police detention – THAT IS NOT THE RGHT THING!

TOO MANY UNCONSTITUIONALITIES….

Imagine Penner has not spent one day, much less one hour in police detention, even with the overwhelming admission he made… when will he be questioned? Yet poor, unrepresented, marginalized youth daily endure this injustice. I know of very few of the incidents and can only imagine if I would check the police precincts countrywide how many more would be uncovered on a daily basis.

I want the murderers, rapists, thieves, etc. etc. to be caught and properly prosecuted and hopefully convicted, but as an officer of the law, I want it to be done with us the law officers acting within the law, lest we become lawless ourselves. I do not want criminals to get off on technicalities, due to poor police work, or because of constitutional infringements. The intervention of an attorney at the police station should be welcomed, since it means that the prisoner cannot later claim mis-treatment, Constitutional breaches, or police abuse. This also helps the police protect themselves against complaints and reminds them to DO THE RIGHT THING!

God bless Belize!