The plan to give specially selected members of the Defence Force the powers of arrest, search and seizure now restricted to police officers is the latest stop-gap measure aimed at addressing the country's deadly crime problem.The move to beef up the powers of soldiers comes as T&T's security apparatus struggles to deal with a spiralling murder wave, which has seen an estimated 81 killings in the 59 days of 2013.
Attorney General Anand Ramlogan said in a statement that there was an urgent need "to formalise through legislation the role and functions of members of the Defence Force when rendering aid to the Police Service."As soldiers have assisted the police during previous upsurges in criminal activity, it is obviously appropriate that they should be covered by the "legal framework" that allows them to exercise the same rights, privileges and immunities as police officers.
But the Attorney General's statement suggests an expansion of the role of the Defence Force in a way that needs to be subject to a great deal more consultation and consensus-building than has been the case.One obvious area of concern is whether the legislation laid in the Parliament yesterday provides the public with an avenue for redress if members of the Defence Force overstep their remit.
If soldiers have the "rights, privileges and immunities" of the police, it would seem appropriate that the public be given the opportunity to lodge complaints to an independent statutory body similar to the Police Complaints Authority, or for the extension of the mandate of the existing PCA to include soldiers.There are several unresolved cases in which members of the public have accused soldiers of abuse of power.
The Attorney General and the Minister of National Security also pledged that the Government would have Defence Force personnel trained for their new duties to ensure that they are properly equipped to work alongside police officers.Apart from the obvious concerns about the training syllabus and whether soldiers who fail will be debarred from doing police work, the fact is that the orientation of a soldier is very different to that of a policeman.
Soldiers are trained to kill. But what is needed is a larger contingent of detectives and officials trained in forensics and ballistics so that police are able to perceive crime patterns and solve murder cases, which would lead to an increase in arrests.Thirdly, there are concerns about whether the soldiers granted police powers will carry out their duties across the board, targeting the capitalists of crime wherever they live, rather than kicking down the doors of the foot soldiers in the traditional crime hotspots.
Fourthly, if soldiers are involved in policing, would that mean there are fewer soldiers available to respond to external threats that may arise in the future?Indeed, there are questions that need to be answered about the suitability of having dual-role law-enforcement officers and whether such officers would be effective in either role.
The Government has a great deal of explaining to do about this move and there is no way that the necessary legislation should be approved unless there are extremely rigorous controls in place that address the accountability of these new "policemen."