The human rights of police officers
by Miguel Antonio Bernal

The “security” decrees, which are anti-democratic expressions of preponderant military influence, also injure the dignity of Panamanian police officers, who ought to know their rights so that they can be respected, and so that they can respect the rights of the rest of the population.

As public servants, the police serve the state and the community and must exercise their functions in a manner contemplated by the constitution, the laws and the regulations. But that can't mean that their rights as citizens become superfluous. Let's look at some of these rights.

The right of habeas corpus

The police have the right of habeas corpus. This means that when they are deprived of liberty and they believe that this has been done illegally, they have the right to solicit and obtain judicial control over the origin of their apprehension, of the motives for this, and of compliance with the formalities that must be observed. They can invoke habeas corpus not only when constitutional and legal requisites for their arrest have been violated, but also when the terms under which a person may be deprived of freedom have been illicitly prolonged.

The rights to freedom of opinion, expression and information

Police officers have the rights to freedom of opinion, expression and information. This means that they can form judgments and opinions about whatever matter, without suffering harassment or bans; that they can freely express and publish their thoughts and opinions; that they have the right to inform themselves and receive truthful and impartial information; that they have the right to obtain all public documents that are not withheld from the public according to the law.

The members of the police services must exercise these rights and freedoms within the limits imposed by their status as non-deliberative public servants, as set forth in article 310 of the constitution.

They should understand that the constitutional prohibition against deliberation only applies with respect to compliance with legitimate orders emanating from competent authorities.

The right to due process

Police officers have the right to due process. This means that they are guaranteed the right of access to the justice system, that in judicial matters they have the right to be heard publicly and with due guarantees by a competent judge or tribunal that's independent and impartial, without unjustified delays or unjust pressures; that in any case their rights to use all legitimate and proper means to make themselves heard by the judges and obtain a favorable decision must be recognize; that in the criminal and administrative disciplinary spheres they must benefit from the presumption of innocence; that upon being accused of a punishable act they have the guarantees set forth in the constitution, laws and international treaties. The principles of due process must also apply in the exercise of internal police discipline.

Also in this section:
Editorial, Campaign censorship and strikes
Sirias, Daniel Ortega's predicament
Jackson, Does Bobby use the right hairspray to be mayor?
Obama, Social Security
McCain, Remarks to the Disabled American Veterans
Lutty, The American Dream
Human Rights Watch, Uribe's parapolitics maneuver
Bryant, Colombia and NATO
Reavey, Brazil's nuclear ambitions
Sweeney, The Bolivian recall election
Narula & Quiles, Venezuela and the United States
Reporters Without Borders, Website trashing in the South Ossetia conflict
Nasser, Jerusalem's "security vacuum"
Denis, Functional cooperation in the Greater Caribbean
Pilgrim, Melting ice and Caribbean waves
Leis, Education and dignified work
Bernal, Cops' human rights
Letters to the editor

Make the Executive Hotel your headquarters in Panama City --- http://ww.executivehotel-panama.com
Find the boat of your dreams through Evermarine --- http://www.evermarine.com