DPC welcomes police monitoring mechanism By Nivedta Kowlessar
Guyana Chronicle
November 7, 2003

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DEPUTY Police Commissioner Winston Felix, yesterday told a public inquiry the "time has come" for an institutional scanning mechanism that would alert the administration on what is "going wrong" within the Guyana Police Force.

He said this would allow for responses to reports of malpractice, many of which have surfaced in the inquiry by the Disciplined Forces Commission.

Felix made the recommendation at a hearing yesterday afternoon in the Supreme Court Library in Georgetown where the Commission has been conducting its investigation into the Police Force, Army and Prison and Fire Services.

"We have to constantly scan the organisation to have a feel for what is going wrong," he told commissioner Maggie Bierne, a member of the Commission of Justice in Northern Ireland.

Felix said the Force has been constantly reviewing instances, which gave rise to the fatal shooting of some 21 policemen since the February 23, 2002 jailbreak, leading to joint Police-Army operations to confront criminals.

"We could never stop talking about...or learning from (those) lessons," he said, reporting that the Force has been working on building better Police-community relations in an effort to restore respectability.

The Commission questioned Felix about delays in granting detainee's bail, with Chairman, Ian Chang noting it was a "general problem" requiring "general remedial action."

Felix advised that procedures are in place to grant bail, but it is a matter of effective leadership and the "truth is, policemen feel safer throwing (such decisions) on the boss."

He said delays could be addressed on a case by case basis with divisional commanders noting complaints and targeting them. Examples can be made for other stations to bring about wider improvement.

Felix said arrests should be made according to the requirements of the law, with policemen observing Section 21 of the Police Act in both letter and spirit. He noted that citizens could be summoned instead of detained for committing minor offences.

Commenting on the treatment of prisoners, Felix admitted there must be "a failure somewhere" for a man to die in the lock-ups, as there are procedures in place to deal with people feeling unwell, for example.

But he said with increasing numbers of people being detained, there will be "problems along the way" unless there is a change in the system of detention and/or sufficient cells to accommodate prisoners.

Lock-ups should have beds built in to walls, enclosed lavatories and peepholes that would allow a 360-degree view of its interior, he recommended.

Felix also said Police stations are not configured for the detention of juveniles, who, in the past, used to be taken to the Salvation Army. There is need, as well, for better arrangements for transient female prisoners.

On the use of excessive force, a constant criticism leveled at the Police, Felix said the use of deadly force generally is the "very last resort" and the responsibility for the safe resolution of an issue rests with the Police and not the criminal.

He said the Force trains on a concept of minimum force, which can be relative based on a particular situation. While there are situations where the use of firearms involves a "judgment call", there are cases of sudden attack when no warning is given. Felix said if a policeman fires a shot and hits the target and there is no attack, then any other shot fired is excessive force.

He also said the Force is very cognizant of recent cases of women and children being used to "soften" Police reaction and cops are careful to avoid physical contact which could lead to allegations of Police brutality.

Felix said constables are taught the principles governing the use of firearms, their operating mechanisms and safe and judicious use. He noted the need to keep staff trained, upgraded and refreshed and told the Commission efforts are under way to restart annual Police shoots.

A growing need for staff to be trained in Portuguese, Spanish, Dutch and French - the official languages of neighbouring countries - was also raised in the Police recommendations to the Commission.

Felix said this has arisen as a result of greater border interaction and issues of insurance, licensing, Police checkpoints, traffic regulations, safety and training for interior ranks should be addressed.

Sitting with Chang and Bierne are Senior Counsel, Charles Ramson, Attorney-at-Law, Anil Nandlall and Brigadier (retired), David Granger.

The inquiry fulfills a measure in a Joint Communiqué signed in May by President Bharrat Jagdeo and Mr. Robert Corbin, Leader of the Opposition and People's National Congress/Reform.