The Police must respect human rights

The Monitor Editor | Monday April 7, 2025 15:17

The magistrate’s stern rebuke of police officers, accusing them of abusing their powers, underscores the urgent need for fairness and accountability in the treatment of suspects.

The case involving Mohammad Esau, charged with robbery, highlights a worrisome trend of suspects enduring alleged harassment and detention without sufficient evidence. Esau’s frustrations voiced in court reveal how his compliance with bail conditions led to unjust treatment. His plea questions why he is implicated in crimes allegedly committed whilst he was in custody, a logical inconsistency that adds weight to his claims of harassment.

Magistrate Mmesi’s emphatic criticisms, particularly her remarks about the abuse of the 48-hour detention rule, resonate deeply. The misuse of this detention period not only undermines the principles of justice but also violate the fundamental human rights enshrined in Botswana's Constitution. Arresting suspects on mere suspicion, without credible evidence, is an affront to the rule of law.

President Duma Boko’s recent appeal to the police and authorities to uphold human rights offers a timely reminder of their role in serving the public whilst safeguarding justice. This call for fairness isn't just about following procedures; it is about ensuring dignity, respect, and the presumption of innocence for every individual.

It is imperative for the Botswana Police Service and other authorities to heed these concerns. Law enforcement must act with integrity and transparency, avoiding any actions that may erode public trust. Cases like Esau’s not only tarnish the reputation of the police but also create a climate of fear and insecurity for suspects who are supposed to be treated fairly under the law.

Magistrate Mmesi’s suggestion that harassment victims consider legal recourse is a commendable step towards holding those in power accountable. However, such situations should never arise in the first place. Police officers and prosecutors must ensure that their investigations are thorough and evidence-based, respecting the rights of suspects whilst pursuing justice.

As this case continues, it is crucial for the Botswana Police Service and other authorities to reflect on their practices. By prioritising fairness, integrity, and respect for human rights, they can restore confidence in the justice system and demonstrate their commitment to serving all citizens equally.