Police Federation says no to army
THE Police Federation wants the Government to scrap its proposal to amend the law to give powers of arrest to the military, contending that any such move would contradict the force’s current strategic direction and would be a “policy conflict” for the National Security Ministry.
“We feel the issues go beyond the mere legislative powers of arrest, search and seizure for the military, but will involve a Pandora’s box of practical problems, bearing in mind that an arrest is just the start of what may lead to complicated investigative and legal procedures,” the Federation said in a recent letter to the security ministry.
“The kind of training and experience needed to make this work, will be extensive and intensive. We feel the proposed legislative changes to grant the military police powers should be abandoned and a clear blueprint prepared for the efficient coordination of the two forces to avoid duplication, confusion and conflict,” the letter added.
The Government sent soldiers into inner city communities last December in a new drive against criminals and armed gangs, but the administration has run into flak from human rights groups and civil libertarians over its proposal to give soldiers the same powers of arrest as the police. Their argument is that soldiers are not trained in the law and were more likely than cops to abuse their power.
In February, Jamaica Defence chief, Rear Admiral Hardley Lewin, expressed reluctance in sending his troops out to work with the police, unless they were granted the same powers of arrest as police constables.
He made it clear that he was not prepared to continue to expose his men to the physical harm nor the danger of lawsuits now inherent in their current supportive role.
The amendment was necessary, the JDF head said, as it was unrealistic to expect the military to be accompanied by lawmen in every case when they would need to make an arrest.
“All our operations should be joint, but on the ground the notion that there is a policeman under the armpit of every soldier doesn’t work that way,” he told a parliamentary committee meeting.
But in their letter to the security ministry, the Federation argued that Coast Guards who now have powers of arrest, have not faced any exposure to litigation.
The Federation contended that the existing separation of powers — which allows military personnel to search and arrest but only in the company of lawmen — was not accidental, but was engendered to protect the citizens of the country.
“The draft amendment seeks to circumscribe police powers on soldiers and would enable the military to act independently of the civil authority of the police,” the letter to the security ministry said.
“The Police Federation categorically rejects the principle of the military acting independently of the police in any civil domestic situation. We welcome the participation of the JDF in this fight to restore order to our society, but only where that participation comes in support of the police.”