Feudal Forces: Democratic Nations - Police Accountability in

Endnotes1See Article 38 of the Constitution of Maldives: http://www.asianlii.org/mv/legis/const/1998/1.html as on 17July 2007.2The word denotes people belonging to the Southern State of Tamil Nadu in India. Many people from this statesettled in Sri Lanka during the British colonial period. Since independence, there has been a conflict between themajority Singhalese community and the Tamil minority.3Human Rights Watch (2005) World Report 2005: Pakistan, January: http://hrw.org/english/docs/2004/12/14/pakist9852.htm as on 25 May 2007.4Bureau of Democracy, Human Rights, and Labor, (2007) Country Reports on Human Rights Practices 2006:Maldives, United States Department of State: http://www.state.gov/g/drl/rls/hrrpt/2006/78872.htm as on 1 June2007.5The strength of the Maldives police force is taken from the Bureau of Democracy, Human Rights, and Labor,(2007) Country Reports on Human Rights Practices 2006: Maldives, United States Department of State: http://www.state.gov/g/drl/rls/hrrpt/2006/78872.htm as on 1 June 2007.6Transparency International Sri Lanka (2006) IN PURSUIT OF “ABSOLUTELY INTEGRITY”: Identifying Causes forPolice Corruption: http://www.tisrilanka.org/ext_files/tislppeng.pdf as 17 May 2007.7See “Strength of Bangladesh police” as on 28 January 2007 at the official website: http://www.police.gov.bd/index5.php?category=151 as on 10 July 2007.8Bureau of Police Research & Development (2006), Data on Police Organisation in India (as on 1-1-2005),pp.29-30, March, Bureau of Police Research & Development, Ministry of Home Affairs, Government of India.9See “police-people ratio” on the official website of the Bangladesh police: http://www.police.gov.bd/index5.php?category=152 as on 10 July 2007.10See the official website of the Bureau of Police Research & Development, Government of India for the policepopulationratio (1 January 2006): http://www.bprd.gov.in/writereaddata/linkimages/Police%20ratio6581084760.pdf as on 10 July 2007.11Information based on email communication with Dr. Shoiab Suddle, Director General, National Police Bureau,Pakistan.12Heading of Section 7, Police Act, 1861.13Article 15 (c), Constitution of Maldives. [Emphasis added].14Article 156, Constitution of Maldives: “Acts passed by the People’s Majlis and the People’s Special Majlis[Parliament] and assented to by the President at any time prior to and after the commencement of this Constitutionand includes the regulations made under such laws and practices of the government. In this Constitution the world‘law’ also includes the norms and provisions of Shari ’ah established by the Noble Quran and the traditions of theNoble Prophet, and the rules derived therefrom.”15Some states like Bihar, Tripura and Chhattisgarh have passed laws; others like Kerala, Haryana, Assam, Karnatakaand Himachal are in the process of enacting these.16Preamble is a preliminary introduction to a statute or a constitution that usually explains it purpose.17Articles 3 and 4, Police Order 2002 (Pakistan).18See the CHRI 2005 report. Rauch J., Prasad D., Mehta S., and Canineu M.L. “Police Accountability: Tooimportant to neglect, too urgent to delay”, 2005 CHRI report by the International Advisory Commission of theCommonwealth Human Rights Initiative: http://www.humanrightsinitiative.org/publications/chogm/chogm_2005/chogm_2005_full_report.pdf.19While signing a treaty merely indicates the state’s support for it so that it should not act in a way that defeats theobject and purpose of the treaty, the treaty does not legally bind it until “ratification” or “accession”.20The Human Rights Committee, the Committee against Torture, the Committee on the Rights of the Child, theCommittee on the Elimination of Racial Discrimination, the Committee on the Elimination of Discriminationagainst Women, the Committee on Economic, Social and Cultural Rights, and the Committee on Migrant Workers21The Human Rights Committee, the Committee on the Elimination of Racial Discrimination, the Committeeagainst Torture and the Committee on the Elimination of Discrimination against Women.22The confidential “1503 procedure” and the “1235 Procedure”.23The Economic and Social Council (ECOSOC) is a charter-based body of the UN. Among its responsibilities areencouraging universal respect to human rights, particularly through its subsidiary bodies such as the Commissionon Human Rights and the Commission on Crime Prevention and Criminal Justice.24Sri Lanka has the second largest number of non-clarified cases of disappearances. See Report on the visit to SriLanka by a member of the Working Group on Enforced or Involuntary Disappearances (25-19 October 1999): E/CN.4/2000/64/Add.1 (21 December 1999). The Government of Sri Lanka had appointed 4 Commissions ofInquiry, all indicting the police and the military.25See Committee Against Torture (2002); Sri Lanka: CAT Article 20 Examinations Re: Systematic Torture CAT/A/57/44(2002).26The 1990 UN Basic Principles on the Use of Force and Firearms by Law Enforcement Officials and the 1979 UNCode of Conduct for Law Enforcement Officials were both adopted by UN General Assembly resolutions. Resolutionsadopted by the General Assembly and other UN bodies often deal with human rights and policing. They do nothave the formal, legal and political status of the conventions or treaties and cannot be enforced by domesticcourts of law. However, States’ compliance with the resolutions demonstrates responsibility to the internationalcommunity of nations.27United Nations (1979) Code of Conduct for Law Enforcement Officials, Article 2: http://www.unhchr.ch/html/menu3/b/h_comp42.htm as on 23 May 2007.28UN General Assembly (1979) Resolution 34/169, December 17.29United Nations (1990) Basic Principles on the Use of Force and Firearms by Law Enforcement Officials, Principle24: http://www.unhchr.ch/html/menu3/b/h_comp43.htm as on 25 May 2007.POLICE ACCOUNTABILITY IN SOUTH ASIA :: 87