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1.

1 INTRODUCTION:
Police brutality has occurred all across the world and is still a major concern amongst society
and police organizations. This brutality ranges from assaults, death as a result of use of force,
harassment, Etc. It takes two forms Thompson (2004), which is physical brutality which includes
assaults, and non-physical brutality which includes use of verbal language. In South Africa cases
of brutality has been part of country history as it was happening during apartheid era because of
protests, and at the present moment it is much worse as people have rights and most people have
access to camcorders to record such incidents which at the later stage attract media attention.
According to Burger (2011) public is slowly losing trust in the police because of amongst
other things such as brutality itself, criminal behaviour and abuse of power.

Tait and Marks (2011) explained that most brutality cases within the South African
Police Service derived from members of public order policing (POP) as they normally deal with
gathering and protests.
Police torture has covered media headlines for the last few years. This torture exceeds the
standard range of punishment. Extra judicial killing are becoming common. The police officers
responsible for the torture are not held for long before they are released to their normal duties.
Studies have noted that police use excessive force to the general people rather than criminals.
The police use this force on suspects, rather than the ideal victims of the offense. A number of
people think that the excessive force is necessary to prevent additional crimes in the society.
Therefore, it is important to analyze the disparate views on the two sides of this aspect.
Since the issue of police brutality is based on racial grounds, the police should be held
accountable for their misconduct. This will enable them to treat all groups of individuals with
equality; hence use appropriate amount of force. According to social scientists, many police
officers are not trusted by their communities as a result of misconduct. Their anger is imposed
beyond measures. Further investigations also affirm that the brutality of police officers is
persistent. Systems that deal with the abuses are no longer at ease. The complainants find
difficulty in seeking administrative aid. Majority of the police officers evade punishment after
violating the law. A study by the Seattle times depicted that 70% of all police crimes are
unreported, and therefore, no actions are taken.
Even though police brutality is noted to be a negative incidence by a vast majority, some
think that it is a better way of ending crimes. The young and the old have improved their tactics
in handling guns. Violent crimes are committed by very young individuals. Tapes of gun shows
are viewed by a larger number of criminals. Maintaining law and order has been a tough task for
the police officers. In this, what would a police officer do when they are robbed and their tools
are stolen? Getting the victim of the offense would provoke brutality. Therefore, the police
should exercise their forces in order to scare criminals.
For solving cases easier and quicker police choose these ways. But it is not always
accurate. This is made due to poor investigation techniques and poor preservation of material
evidence. Fear of police harassment and further torture if the victim or family members
complain.
1.2 STATEMENT OF THE PROBLEM:
In a country like Bangladesh the citizens expect police to do their work in a professional
manner and also be accountable to their actions. They expect police officers to protect them and
their properties and also uphold the law of the country. These police officers have powers
invested to them and are governed by certain legislation to perform their duties and the public are
also have to be treated in a dignified manner in terms of the rights given by the constitution. It
then becomes a problem because criminal procedure act section 54 gives police officer powers to
use force to overcome any situation and such powers are the misused by certain police officers as
they use them where it is not necessarily. Police officer as members of public themselves work
under extreme situations, such as members of public order policing who deal with public
violence and protests as they are used to violence and whenever approached they may also use
the force which may result in death of citizens such as political violence’s. Independence
directorate complaints statistics reveals number of citizens who suffered as a result of these
brutalities, although most of them were not covered by the media but it affect the community in
such a way that they lose trust in the police.

1.3 LITERATURE REVIEW:


Considering this body of literature, researches were conducted by different authors
nationally and internationally to address issue of police brutality and its effects to society. Before
going further with this topic police brutality, the term police brutality is defined as follows:
Thompson (2004) defined Police brutality as any instance in which a police officer using
unnecessary excessive force to or while interacting with members of public while performing his
or her duties. These brutalities take two forms which is physical and non-physical, physical
includes actions such as killing someone, E.g. thirty four mining strikers who were killed by the
police at lonmin mine, and non physical which includes verbally abusing the public.
Bruce (2003) explained that the statistics from South Africa Police Service watch dog,
also known as independent complaints directorate (currently known as IPID) revealed cases of
brutalities against members of the service and organisation from period April 1997 to March
2001. These brutalities were categorised as from death as a result of police action (excludes
death in custody), torture, assaults and attempted murder. He further said besides reporting cases
of brutalities the public are also not satisfied with the service rendered by the police.
Gary (2003) argued that police brutality is also part of South African history. He
mentioned that during apartheid regime many people of which majority were black people had
suffered brutality from the hands of the police more especially in South African townships. His
statement was supported by photographic images of one of the victim known as Hector Peterson,
a thirteen year old who was shot by the police in Soweto. Apart from Peterson tragedy there were
also photos of white police official beating and shooting black protesters and the death of Steve
Biko who was murdered in police custody for political reasons.
Gary (2003:9) believes that the past police also benefited from these brutalities and they
were very effective than the present police force mainly because they were feared by the public.
He said crime then was too low and it was likely that people were afraid to report cases because
police then were not approachable.
Masuku (2004) believes that Police Managers lack of monitoring of members conduct is
one of the reasons why South Africa is having high number of cases of police violence. He
mentioned that procedures are incorrectly followed in the service and records are not properly
kept and as a result a member commits the same offence now and then. He said Independent
complaints directorate (ICD) findings for the annual report 2002-2003 revealed number of cases
whereby people were shot and killed by the police and to date it does not indicate how many
were illegal and how many were legitimate. He said standing order 251 which requires factual
reports of all shooting incidents is not practiced correctly within the service. He said that they are
other cases of police misconduct such as torture and non-lethal force were also not monitored
correctly and as a fact police officers gets off easily.
Studies conducted by, Minaar & mistry (2006) showed that use of unnecessary excessive
force by the police is mostly related to officers wellbeing such as stress. They conducted
interviews with members based at Gauteng province and the finding were that members work
circumstances such as interacting with suspects is the reason for police action of violence. He
also mentioned that counselling and stress management should play a vital role in member
wellbeing but criticised the member code of silence.
Russell, G. D, Conser, J. A et al (2005) argued that police officers should only use such
force in the discharge of duty as is reasonable in all circumstances; force should be used only
with the greatest restrain and only after discussion, negotiation and persuasion have been found
to be inappropriate or effective. While the use of force is occasionally unavoidable, every police
officer will refrain from applying the unnecessary infliction of pain or suffering and will never
engage in cruel, degrading, or inhuman treatment of a person. This study will extend to give the
rights of an accused person and the treatment of an accused person as given in the provisions of
the constitution
Mutunga, W. M (1990) has also wrote including arrests by Police Officers, Custody
in the Police Stations, first Court appearance and rights of bail which are relevant to my study
since will help me to know the rules governing arrest including rights of an Arrested Person
while in police custody although it covers Kenya but its rules are the same with that of Tanzania.
And from that point this study will bring in the practice of the law in Tanzania showing to what
extent is the law complied with and suggested reforms to it if need arises.

1.4 METHODOLOGY:
The mode of gathering materials and information of this study is organized through a
three combined methods. The main method will be a library or archival research and the main
sources is University of Dhaka.
The field interview is the second way of collecting useful data which will lead me to the
completion of this research. Many people will be engaged includes; police officers and
individuals suffered arrest. It is also hard to leave the area untouched, that advocates lawyer and
legal professionals. The mode of the interview will be conducted into two different ways. First
questionnaires will be supplied to the respondents. Secondly, an interview will be conducted in a
relaxed guided talks or dialogues or conservation in which respondents will be asked about facts,
events and opinions from their experiences. The purpose of interview is to gather data and to put
the research in practical settings. The third method is through my personal observations.
1.5 EXPECTED RESULT:
The general objective of this study aims to provide all police officials with information
on how to serve its public and also how to avoid brutalities and their consequences. The specific
objectives are:
1. To investigate the impacts of police brutality on the organization, the government and
the society as a whole.
2. To determine the harm of victim of police brutality.
3. To highlight areas within the police force such a development of employees that
needs to be improved and assessed to avoid such brutalities in future.

1.6 IMPLICATION FOR A SUCCESSFUL POLICY:

Police brutality affects everyone, such as the government, police, organization and the
public, and this proposed study is aimed at preventing future brutalities and improve police-
society working relationship. The study will benefit officer as these brutalities normally have
consequences and might ruin the future career. The society will also benefit as they depend on
police for their safety and be brutalized as a result. The organization will also benefit as it will
finally realize the seriousness of this brutalities and also to deal with culprits to set an example to
other police officers and again to ensure that their members are well trained and equipped to deal
with the public in a peaceful manner. There are no sources in the current document. This study
will also benefit future researchers and hopefully brings new developments.
The study will cover some of the powers and duties of police officers. However it
will touch on the background of Establishment of Police Force. Powers and duties of a Police
Officer and rights of an accused person, It will also looks at the problems leading to non-
compliance with the law by Police Officers and what measures to be taken to solve the problems.
This study is expected to be conducted in Dhaka city as the case study of the problem
Bangladesh.
1.7 LIMITATIONS:
The study has suffered certain limitations as below:
# The duration of the study was diminutive. As even more in – depth investigation would have resulted in
a better output.
# Lack of prior sources in relevant area has hindered the study to some magnitude.
# We regret not including prevention of the effect of police misconduct in our paper, in retrospect could
hove helped address the expected results better that emerged later.

1.8 REFERENCES:
Thompson, B. & Lee, J 2004, Who Cares If Police Become Violent? Explaining Approval of
Police Use of Force Using a National Sample. Sociological Inquiry, Vol. 74(3), pp. 381 – 410.
Burger, J. 2011, To Protect and Serve: restoring Public Confidence in the SAPS. SA Crime
Quarterly, 36: 13-22
Tait, S, & Marks, M. 2011. You strike a Gathering, You Strike a rock- current debate in the
Policing of Public Order in South Africa. SA Crime Quarterly, 38: 12-22
Bruce, D. 2011. Beyond Section 49: control of the use lethal force. SA Crime Quarterly, 36: 3-12
Bruce, D 2003. What the Independent Complaints Directorate Statistics tell us (or not): Gripes
or grievances? SA Crime Quarterly, 4: 23-30
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Kynoch, G 2003. Personal Security concerns in South African Townships: Apartheid Nostalgia.
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Masuku, T 2004. National Monitoring of Police Misconduct: number that counts. SA Crime
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Minaar, A, Mistry, D 2006, Dealing with the use of force and stress related violence by members
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