Nilda Sevillas view on the round table discussion at UP IHR,
she posed a query on how to redefine the respective roles of the different sectors involved in the criminal justice which includes the police when we adopt Restorative Justice. This is to address the human rights violations because as it can be observed, it is prevalent that most human rights violators are the police officers. If we adopt the Restorative Justice System, it would be appropriate give emphasis to the role of the police officers in handling offenders. Police powers and human rights Police organizations usually present themselves as a service, force or a combination of the two. The distinction between a service and force can be described as follows: [The] force perspective, or vertical perspective, is clearly seen in authoritarian policing styles employed by many police agencies. The other perspective is that of police as a service provider to communities in their own areas. This service, or horizontal, perspective is seen in community policing and its derivatives: problem oriented and intelligence led policing.1 Despite this conceptual difference, it is generally recognised2 that the main functions of the police revolve around efforts to maintain public tranquillity, and law and order, in a given society, to protect and respect individuals fundamental rights and freedoms, to prevent, detect and combat crime, and to provide assistance and services to the public.
The police whether perceived by the public as a service or as a
force should play an essential role in protecting human rights. The police are responsible for ensuring the security and safety of individuals through enforcing the law; under international law, police officers are obliged to fully respect human rights, but they are also obligated to protect human rights against violations by other individuals. In essence, their key functions call on them to be active agents for the enjoyment of human rights: a positive understanding of the polices role in this regard is important for fostering the type of constructive dialogue between monitoring bodies and the police that the preventive monitoring approach is premised on. (Source: Association for the Prevention of torture; Monitoring Police Custody, A Practical Guide; P 3-4)