HUMAN RIGHTS AND POLICE INTERROGATION

HUMAN RIGHTS AND POLICE INTERROGATION Human rights and police interrogation are inextricably linked. Before understanding their relationship, let's get some basic insights into both meanings. Human Rights Human rights are the fundamental rights that all humans have throughout their lives, regardless of origin, worldview or lifestyle. These rights are inseparable privileges conferred by the advent of modern civilization, but may be restricted by country, but not deprived by country. These rights are based on basic values ​​such as dignity, equality, respect and independence. These rights are defined by law and are protected by law enforcement agencies. Police The word police are not defined by any law, even the Police Act of 1881. However, according to the Black's Law Dictionary, "police" is the government agency responsible for maintaining security and promoting public security and the concept of police was the first to be under the control of Sir Robert Peel. Local police were founded and developed in the United Kingdom in the 18th century. Prior to that, as police officers, people voluntarily refueled the streets every week. Police-Human Rights Relationship Briefly For example, the police are a group of people entrusted by the state to maintain law and order, investigate and prevent crime. The police are law enforcement agencies and are now the duty of the police to protect the basic rights of people. However, the most common is that police authority has been abused and revoked. While cross-examine the accused, police have invalidated their powers and violated the basic civil and human rights of living people. Therefore, various principles of police interrogation are sometimes developed to solve this problem. The main motivation behind these principles is that police may be performing authorized acts, but never violate the basic and human rights of an individual. Therefore, these principles help protect and promote the basic human and fundamental rights of individuals that cannot even be deprived by the state. Therefore, the accused is given certain rights while being detained by the police for cross-examination. Police Interrogation Principles 1. Basic Rights to Life, Freedom and Security-Everyone questioned by the police has basic human rights to life, security and physical freedom. During the cross-examination, police can deprive you of this right to life, freedom and security. This right is granted under Articles 20 and 21 of the Constitution of India and Article 3 of the Universal Declaration of Human Rights. 2. Immunity to Inhumane Treatment and Torture – During police cross-examination, the accused shall not be given any form of torture or inhumane treatment that deprives the defendant of basic human rights to dignity, respect and independence. 3. Equality Rights-All defendants subject to police cross-examination should be given equality before the law and equal legal protection. This right is granted under Article 14 of the Constitution of India, so state authorities or the state itself cannot deprive anyone being cross-examined by police of this right. 4. Due Process – Police are obliged to comply with due process during the cross-examination and not torture the suspect during the cross-examination. Therefore, when asking a suspect, police must follow these particular principles. The accused being cross-examined also has certain rights that can be used to protect him or to protect his basic rights during the cross-examination and prior to the police interrogation. Rights of accused Prior to Police Interrogation 1. Person arrested to be informed of grounds of arrest – According to Section 50 of Criminal Procedure Code, the right to know the ground of arrest and right to bail to any accused. As per this section the police officer making the arrest needs to inform the person arrested as soon as possible after the arrest the grounds for arrest and the offence he is arrested for. 2. Right to have a relative of the accused be informed of his arrest – A person has the right to inform about the arrest to a nominated person. After that the authorized person needs to inform about the arrest of the accused to any of his friend, family member or anyone nominated by the accused. It is up to the arrested police officer to inform the accused of this right. 3. Right to Information on Bail Rights for Violations of Bail – If arrested by a police officer without a warrant, it is the police officer's responsibility to notify the right to bail and arrange bail. 4. Lawyer Admission – Defendants arrested for criminal offenses have the right to be defended by a lawyer of his choice. 5. Right to legal assistance-It is the state's duty to provide him with a legal assistance lawyer if the defendant appears unable to organize legal assistance for defense. This right is also recognized under Article 21 of the Constitution of India as the right to legal assistance. 6. The arrested person must be taken before the judge-a police officer, if the accused is arrested in a warrant, the police officer will bring the accused to the judge within 24 hours of the arrest or without delay. I have to take you before. Defendants have the right to oppose arrest for more than 24 hours if they are not taken in front of a justice of the peace or police chief. Defendant's Rights during Cross-Examination 1. Right to Visit a Lawyer of Your Choice During Cross-Examination-If a person is arrested by police for a cross-examination, you are allowed to hire a lawyer of your choice during the cross-examination. Should be, but of interrogation. 2. Right to Unnecessary Coercion-When a person is arrested, he / she should not be exposed to the unnecessary coercion necessary to prevent his / her escape. 3. Right to Nemo Tenetur – Article 20 (3) of the Constitution of India gives rights to those arrested for nemo tenetur. No one can be forced to be a witness to him. This right is similar to the "right to remain silent" in which you cannot force a person to speak. This was the case for M.P. Sharma v. Satish Chandra was arrested under the FIR (First Information Report), and the court ruled that the person under investigation had the right to remain silent during such investigation. 4. Health Examination Rights – If you are arrested, you must be examined after being arrested by a health care professional working for the state or central government. If the doctor is absent, it should be done as soon as possible after the arrest and a proper record of such tests should be maintained. 5. Do not use confession as evidence in court – If you make a confession in front of police, that confession is not acceptable in court. Such a confession cannot be used as evidence against him in court. In the case of Babbai vs. Gujarat, the right to a fair and prompt investigation was also recognized as a fundamental right under Articles 20 and 21 of the Constitution of India, and the court found these rights to be fundamental as well human rights. This was done because quick investigation is an important part of quick leads. And because "a delay in justice is a denial of justice," a fast path is needed everywhere. Human rights violations during police interrogation As the term human rights implies, all humans have the right to such rights in their normal lives. Basic human rights include rights to food, shelter and clothing. But today, society has evolved in all areas, as well as people's needs. Today, the right to a peaceful life in dignity and freedom is a fundamental human right for all human beings. Various domestic laws, including the Supreme Law that constitutes the Constitution of India, are designed to protect and uphold these rights. Primarily, Article 21 entitled Right to Life, Personal Freedom, covers all the basic human rights that living humans are entitled to during their lifetime. And no one can deprive them of these rights. However, everyone knows what techniques are used when police cross-examine the accused. All laws discourage these types of practices, but we are also aware of reality. Police have taken various types of torture and inhumane behavior, all of which violate these human rights of individuals. First, let's talk in detail about the method the police used to conduct the interrogation. Techniques of Interrogation 1. Suggestibility – If this technique is used while interrogation it is considered as against the human rights and in certain areas of the world as torture of extreme level. Sleep deprivation and exposure to such drugs can impact the accuser’s ability to provide truth and accurate information in a negative manner. 2. Deception-In this technique, the interrogator attempts to deceive the suspect by lying after lying about his presence surrounded by someone else at the crime scene. With the help of lies, the interrogator tries to get the accused to agree with his story. One example of this is telling the defendant that the co-defendant has confessed to the crime and confirmed his presence in the crime, and telling the other co-defendants the same story to create another sense of determination. This type of method is not prohibited by Indian law and is often used by police to put mental pressure on the accused and damage the reputation and dignity of others who violate human rights. 3. Linguistic and non-verbal clues-In this approach, the questioner tries to confuse the suspect and involve him in a long debate in order to play with the suspect's mind. This technique is used to detect the accuser’s potential lies. If the accused lie, they feel guilty and are believed to continue to change their remarks throughout the cross-examination. 4. Pride and Ego-There are two approaches to this technique. One raises pride and ego, and the other lowers pride and ego. With pride and selfishness, the interrogator praises the defendant and seeks to positively convey some important information to the defendant in this type of speech. In contrast, the interrogator, with a pride and selfish approach, attempts to humiliate and abuse the accused with blasphemous expressions, specific gestures, and personal remarks. This expects the accused to speak and be emotionally influenced by such sneaky and degrading behavior and to reconsider their pride in the truth. This technique certainly violates human rights with respect to the dignity and self-esteem of the defendant. 5. Good cop Bad cop-In this technique, two cops play the role of good cop and bad cop. Now they will behave in the opposite way when dealing with the defendant, creating an image in the defendant's mind that he can trust a good cop and tell the truth. Again, an illusion is born in the accuser’s mind. 6. Mental Change Drugs-This technique is rarely used, but is used by some officers, with the help of drugs, the accuser’s attitude changes. This technique is illegal. However, there are certain ways to violate a person's basic human rights, such as drug testing. This technique is illegal and ineffective. Narcotic tests can also be performed only under the direction of a medical officer with the approval of the court. The use of drugs during cross-examination is never acceptable. 7. Torture – Torture, primarily three tortures, includes food intake, exposure to bright light, electric shock, prolonged stay in remote areas, and physical discomfort increase. Succumb to his authority. All of these actions are certainly against dignity and are considered inhumane actions that violate the basic human rights of the individual. These were the usual techniques used by police during cross-examination. Looking around, there are numerous deaths in India during detention. A recent example is the death of a boy and father (Jeyaraj and Benniks) in Chennai, Tamil Nadu, where the death situation has deteriorated significantly and the human conscience has been completely shattered. In India, the Code of Criminal Procedure of 1973 describes two types of detention: police detention and judicial detention. Violence is widespread in both forms of detention. A total of 1,731 people died in India in 2019. India: According to the Annual Report on Torture 2019, 1,606 of the dead were in judicial detention and 125 were in police detention. Of the 125 police detention cases, 93 (74.4%) died on suspicion of torture or wrongdoing, and 24 (19.2%) were due to suicide (16), illness (7) or injuries. He died in a suspicious situation identified by police. (A), the reason why the other five (4%) died in prison is unknown, the report said. Conclusion Finally, there is data on all suspected cases of torture and death in custody. In this situation, the main thing is to make people aware of their rights. The laws, reports of various committees such as the Human Rights Commission, universal slowdown of human rights, clear guidelines for the D.K. bus from the prestigious Supreme Court, etc. are widespread, but nothing is followed. Nevertheless, every day we encounter so many cases that the basic rights brought to the judge within 48 hours without a bribe are not really respected. Therefore, authorities must comply with all laws, give people basic human rights, and take strict measures not to violate their conscience. Authorities must be freed from corruption, and individuals are more responsible and their rights to ensure that no one is deprived of their basic human rights while following the judicial process. You have to be aware. Reference 1. https://blog.ipleaders.in/vision-regard-police-interrogation-study-special-reference-human-rights/ 2. https://lawtimesjournal.in/police-interrogation-and-human-rights/ 3. http://probono-india.in/research-paper-detail.php?id=549 BY:- Aastha Singhal

HUMAN RIGHTS AND POLICE INTERROGATION