For and Against : Will the Independent Police Complaints Commission serve the purpose?

With the setting up of the Independent Police Complaints Commission, a wave of disagreements has been raised. If the proponents of this Commission accept all the features proposed, the opponents are not convinced. Ravi Rutnah and Rama Valayden debate on this issue.

Rama Valayden: “It has a wrong start with political nominations”

The former Attorney General and lawyer, Rama Valayden, argues that the idea of having a commission is good but the government has chosen the wrong option. He recalls that he has been in favour of creating a Police of Police. “With political nominations, there will always be suspicions of political interference. If, from the beginning itself, there is a wrong perception and diversified views, how we expect the commission to carry good work? How can we expect the commission to be independent if there continues to be political nominations at its head? This is why a Police of Police would have been better.”

The lawyer believes that this Commission remains manipulative as the commissioners can be manipulated. “It has a wrong start. For instance, Dick Ng Sui Wah, one of the assessors of the Commission has full experience in the defense of human rights but the perception of his independence as well as other members are questionable because they belong to some political parties. This will prove to be a handicap to the proper functioning of the Commission.” 

He, first and foremost, wonders whether the enquiries will reflect our reality. “A Police of Police would have done enquiries in a completely different way, as compared to a commission. When you appear before a commission with political nominees, there is a perception that they do not want to investigate. The risk of political manipulation is very real. For example, on the eve of elections, what political nominee would dare to belittle 12,000 policemen or an electoral power of around 120,000 people? Even if the commission is said to be independent, there will still remain a wrong perception.”

What is the best option? To this question, the former Attorney General proposes a system similar to the United States but with a Mauritian touch. “A Select Committee of the House would have been better. The Committee should consist of different political members who will be exercising above any political colour. Why not also have a “Juge d’instruction?”
Nevertheless, he believes that simultaneously with the setting up of a commission, there should be good management and police reform. 

Ravi Rutnah: “It will be an independent commission”

Lawyer and Member of Parliament, Ravi Rutnah, welcomes this Commission. He highlights that the Independent Police Complaints Commission is a step forward for the country. He wants the Commission to live up to all the expectations. He avers that as a lawyer, he was the first to raise his voice to have such a commission. “I strongly believe in the   functioning of a commission to investigate whenever the police err. I have always wished for such an organization to be established.”

He is aware that the nomination and composition of the Commission is subjected to criticism but he argues that the body will be chaired by a former Supreme Court judge and that his two assessors are also qualified persons. “We live in a democratic country and hence, criticism is always present. At this stage, debating on the composition of the commission is an erroneous one and does not stand. In Mauritius, as per our political development, each government has been appointing their people in different posts. However, the people appointed are trustworthy and highly competent people. The detractors, who are criticizing, what would they have done if they would were in power? Let’s us not forget that the Commission will be chaired by a former Supreme Court Judge, so there is will be independence. The former Supreme Court Judge will do his work as it should be,” he adds.

Elaborating more on the Commission, Ravi Rutnah recalls that now, “the black sheep of the police force” will not be spared. “With this commission operating, the rogue police will no longer have to investigate on their rogue colleagues. This independent commission will be shedding light on each reported case. And I can assure you that I would be the first to make my voice heard if I find that this body is not working as it should. With this Commission and Criminal Justice Act in the near future, I am sure there will be a change in the way the police proceed with their work.”