Articles

 ABSTRACT

In order to better safeguard and promote human rights, certain countries’ laws have been significantly revised as a direct consequence of regional international human rights agreements. This chapter examines three important human rights documents: the African Charter on Human and People’s Rights from 1981, the Inter-American Convention on Human Rights from 1969, and the European Convention on Human Rights and Fundamental Freedoms from 1950. To do this, it examines (a) the historical backdrop that led to the establishment of regional mechanisms for the enforcement of human rights, (b) the nature and extent of rights and guarantees, and (c) the safeguarding processes that are outlined in the relevant instruments. It examines the techniques of enforcement to see whether or not they are consistent with the sovereignty of the state and whether or not they are enhancing the promotion of fundamental human rights and freedoms over the course of time.

The African Charter on Human and People’s Rights, the European Convention on Human Rights and Fundamental Freedoms, the Inter-American Convention on Human Rights, the promotion and preservation of human rights, and regional human rights treaties are some of the terminology that will be utilised during the course of this article.

INTRODUCTION

Unique to regional government is its focus on a larger geographical area than a single country. As used in this context, the term “region” refers to a geographic area composed of two or more nations that are politically and economically intertwined and whose boundaries are established by the parties participating in establishing regional institutions. In fact, the concept of region was pushed to the sidelines of the academic debate on governance in the second half of the twentieth century as globalisation and global issues drove the search for answers and concepts, but it has been revitalised in the last twenty years as geography and territory become a reference for the debate on governance.[1]

State and non-state entities as well as several centres of power are all part of the process that is regional governance. The significance of the notion in the formation of institutions, rhetoric, and practise demonstrates its importance to the structuring of political reality. Regional cooperation on the international level has occurred in a variety of areas, including economic policy coordination, peace processes, peace operations, the fight against terrorism and transnational crime, the establishment of trust, weapons control, and disarmament. Intergovernmental regional organisations provide a focus for analysis because they are frequently the hub of regional interaction leading to the generation of rules, despite the fact that governance can be generated by a wide range of actors such as nongovernmental organisations (NGOs), transnational social movements, networks, coalitions, and epistemic communities. Several methods of regional governance including states, non-state entities, and intergovernmental organisations have emerged as a result of regionalization processes. Regional actors, guided by the principle of subsidiarity (i.e., working at the lowest level to achieve results), believe that certain issues are better handled on a regional rather than a global scale. This may be due to the region’s greater homogeneity, its greater awareness of collective problems, or even its stronger sense of regional identity. As a result, it could be simpler to rally support or settle on a shared agenda for particular problems.

Inequality in regional governance permeates the international system. There is a wide range of institutionalisation, public-private participation, focal areas, and organisational structures. Regional governance in the Asia-Pacific area is a relatively new phenomenon and is less institutionalised than in Europe, where institutions are extremely complex, well-funded, and resilient. Such an example is the Association of Southeast Asian States (ASEAN), which was founded in 1967 with a security purpose but has now shifted its focus to new forms of regional economic administration in Asia.[2]

In the context of the Cold War, the United States’ foreign policy was highly affected by regional organisations such as the North Atlantic Treaty Organization (NATO) and the Southeast Asia Treaty Organization (SEATO), both of which are instances of regional alliances. Other regional organisations include the European Union (EU) and the Organization for Security and Cooperation in Europe (OSCE) (SEATO). When hostilities between the great powers subsided, several of them shifted their focus away from placing a high importance on strategic rivalry in distant regions. This change in the regional dynamics, which previously were exclusively driven by the global dynamics, prepared the way for interactions within the regional domain that are more resilient and self-sufficient. Additionally, the decolonization process, which began in the late 1940s and accelerated in the 1960s, laid the groundwork for regionalization by putting into motion one-of-a-kind dynamics in the diplomatic ties between newly independent states in Africa, Asia, and the Middle East. This process began in the late 1940s and accelerated in the 1960s. It persisted after the dissolution of the Soviet Union and the ensuing changes in the physical geography of Asia and Eastern Europe.

Examining the United Nations’ interaction with various regional organisations throughout the course of time enables one to have a more in-depth comprehension of the link that exists between regional and global governance. The United Nations Charter contains reference to regions in Chapter VIII, and ideas concerning cooperation between the United Nations and regional organisations have been a prominent aspect of post-Cold War discussions about how to modernise the United Nations system. The strategy for regional and international cooperation was the product of a summit meeting that was called for by the secretary-general of the United Nations and attended by the heads of state from regional organisations with a role in security operations. When we take a look at the past, we can see that the League of Nations Covenant and the United Nations Charter both make reference to regional understandings as a kind of homage to the Monroe Doctrine (Article 21 and Chapter VIII, respectively). In addition, the five regional economic and social commissions of the United Nations, the major objective of which is development, have typically utilised regions as a point of reference in their work.

It is also important to note that regional government systems have an impact beyond the geographic region that they are intended to represent. The customs and arguments of one sector might have an impact on those of neighbouring sectors or perhaps the whole system. The European Union and its precursor, the European Community, had a substantial influence on following attempts at economic unification. These efforts were significantly influenced by the EU and the EC. Organizations such as the NATO and the Organization for Security and Cooperation in Europe (OSCE) have established themselves as authoritative sources of information about the promotion of democratic institutions and security, respectively. The expansion of the roles played by regional bodies in global operations such as those being carried out by the European Union and the North Atlantic Treaty Organization in Afghanistan is an additional trend.[3]

The most blatant manifestation of the connection between global governance and regional governance, as well as the example effect, is the socialisation of regional institutions that has been occurring since the 1990s. The rhetoric and practise that has come to be accepted and legitimated regional organisations’ function in an increasingly uniform fashion. This social process allows regional institutions to be socialised, including states, UN system agencies, and regional organisations. It is enabled by power dynamics, the learning from both successes and failures, and the internalisation of norms and conceptions. The economic and political roles of multi-dimensional regional organisations are “therefore generally comparable.

Regional Organizations and Human Rights and Humanitarian Action

Lack of protection for people and communities from humanitarian abuse, as well as the failure to ensure democracy and human rights, were seen by the UN Security Council as threats to peace and security after the end of the Cold War. There is an obvious uptick in efforts by liberal governments and international organisations to spread democracy. The tone for the new age was established by the publications issued by Secretary General Boutros-G halia at the beginning of the new period, and the discourse connecting democracy, sovereignty, peace, and development was expressed in those writings. The democratic peace hypothesis has generated a wealth of written material, and the idea that a democratic system would inevitably lead to a more stable and wealthy global order has moved to the forefront of diplomatic, foreign policy, and agenda-setting discussions throughout the world. One of the foundations of this process was the presence of a robust and institutionalised human rights system.

As a result, democratic institutions and the protection of human rights have emerged as new benchmarks by which governments are measured. The UN’s political justification has mostly centred on promoting democratic good governance.This pattern was set in large part by regional organisations like the OAS and OSCE. This was pioneered by the European Union’s approach of absorbing the member states of eastern Europe. Establishing one’s democratic credentials became a prerequisite for membership in a number of groups.

Regional organisations have been working towards a shared agenda and institutional architecture for the development of democratic governance since the 1990s, when it first emerged as a key connection between domestic and international government. They have developed normative tools, laid down procedures for public input into their operations and policymaking, designed support initiatives, and set a precedent for the evolution of representative government. The agenda for democratic governance is connected to the agendas for human rights and humanitarian crisis management. Similarly, regional groups have developed machinery to address this problem. The spectrum of these kinds of measures in many regional bodies is shown in the table below.[4]

From the prohibition of the death penalty (Article 2), eugenic practises (Article 3), torture (Article 4), and compulsory labour (Article 5), to freedom of the arts and sciences (Article 13), the right to education (Article 15), and the right to access preventive healthcare (Article 16), the EU Charter of Fundamental Rights is widely considered to be the most comprehensive document regarding individual and collective human rights adopted by a regional organisation (Article 35).

In 1961, the Council of Europe enacted the European Social Charter, which aimed to ensure people’s right to economic and social security. In 1996, the European Social Charter was revised and ratified by 47 nations, including Turkey and Russia, expanding its reach beyond the European Union’s member states. The European Social Charter is the Union’s equivalent to a Bill of Rights, including protections against torture, terrorism, and the trafficking of people in addition to the traditional social rights of housing, healthcare, and education. Although the ECHR and the Charter of Fundamental Rights are legally obligatory on all member states and their residents, the Council of Europe’s Social Charter does not have the same weight. According to Section 2 of the Social Charter, the document serves more as a statement of intent than as a legally enforceable commitment.In order to address issues of human rights, humanitarian relief, and humanitarian law, the various EU entities, such as the European Commission, the European Parliament, and the European Union Council, have created their own unique set of procedures, documents, and/or institutions. It’s worth noting that some of these organisations only handle European Union-related issues, while others focus on non-EU countries.[5]”

The European Union Agency for Fundamental Rights, for instance, is housed under “the European Parliament’s Committee on Civil Liberties, Justice, and Home Affairs. Assisting with the implementation of community legislation or other activities, it offers advice and experience on human rights. Since the information it generates is utilised not just by the EU but also by other players participating in human rights initiatives, the agency is seen as an essential policy maker in concerns of human rights. To better defend basic rights on a local, regional, national, and global scale, the agency has created a set of tools to assist public officials and practitioners in coordinating such initiatives at all levels of government. As a result, the human rights sector as a whole benefits from the information generated and acquired by regional organisations.

The European Parliament has also been instrumental in establishing a Human Rights Subcommittee. This group holds hearings and holds debates on human rights problems such the death sentence, torture, and the struggle against impunity, and then writes reports and passes resolutions on those topics. Its annual Human Rights Report details the state of human rights across the globe and is used by governments and non-governmental organisations (NGOs) to inform policy and inform action in places identified as vulnerable or problematic.

The European Commission’s European Instrument for Democracy and Human Rights to promote democracy and human rights in non-EU Countries is a remarkable example of this dynamic of knowledge and practises being developed by one regional body and utilised by other players (other regional organisations, NGOs, etc.). The EU Election Observation Missions are supported by the Commission, and the Commission provides funding to finance initiatives proposed by civil society and/or international/intergovernmental organisations. Among the projects funded are those promoting transparency for human rights in Bangladesh; reviving peace processes in the South Caucasus through mediation and dialogue; bolstering civil society in states emerging from conflict; pursuing and sharing the truth in the Western Balkans; and resolving conflicts in Kashmir through dialogue.[6]”

The European Community Humanitarian Office (ECHO), established in 1992 and formerly known as the Humanitarian Assistance Office, works to aid nations in the midst of humanitarian crises such as natural disasters and national wars. Now days, this group doesn’t only deal with crises as they happen; they also train for the next one. As a result, ECHO’s efforts have centred on the theme of resilience. This is a significant departure from the liberal internationalist paradigm prevalent in the 1990s, when the agency reacted after the fact to protect victims of violence. According to Chandler’s description, “the resilience paradigm clearly places the agency of the most in need of support at the centre, promoting a programme of empowerment and capacity-building.” This puts more of a focus on preventing problems from occurring, strengthening weaker groups, and assisting survivors. Thus, resilience is defined here as the ability to favourably or effectively adjust to external issues and dangers”.

As a result, the resilience paradigm is at the heart of many regional institutions, such as “ECHO, that creates programmes and initiatives to attempt to avoid humanitarian situations by meeting the needs of populations identified as vulnerable, particularly in non-EU countries. Through the South American Disaster Preparedness Program, ECHO assists vulnerable communities in nine South American countries (Argentina, Bolivia, Brazil, Chile, Colombia, Ecuador, Paraguay, Peru, and Venezuela) in preparing for potential natural disasters (such as earthquakes, floods, and mudslides). The Non-Governmental Organizations (NGOs), United Nations (UN), and International Red Cross (ICRC) are all partners of ECHO’s on the ground. The Monitoring and Information Centre (MIC) is another ECHO-created body that works together to safeguard people during times of crisis. It is made up of 32 countries (all 27 EU Member States plus Croatia, Macedonia, Iceland, Liechtenstein, and Norway). There are a number of nations that receive food and nutrition aid, including Sudan and South Sudan, Somalia, Pakistan, Kenya, Ethiopia, and the Palestinian Territories.[7]

When it comes to multi-dimensional peace operations like those in Bosnia, Palestine, Georgia, Afghanistan, Congo, Uganda, and Kosovo, European Union agencies act not only in accordance with the resilience paradigm but also with the liberal internationalist one, following the distinction proposed by Chandler.

Since 2012, the organisation has also had a Special Representative for Human Rights, demonstrating the importance of the field under consideration here to the regional body as a whole. Stavros Lambrinidis is the first person to fill this function, and his job is to increase the EU’s human rights policy’s impact and profile. His role is wide and fluid, and he collaborates closely with the European External Action Service.

But, the EU is hardly the only regional institution in Europe working to improve conditions for those living in poverty and protect human rights. Several of these norms have really been pioneered by the Organization for Security and Cooperation in Europe (OSCE). More specifically, the minority promises in the Copenhagen Agreement are still seen as more progressive than minority provisions made by the United Nations and the Council of Europe. The basic right of people to choose whether or not to identify as members of a minority is protected by the Copenhagen Document, along with precise requirements on the use of the mother language, educational services, freedom of association among them and across borders, and so on. To monitor and put pressure on other member states that violate human and minority rights, the OSCE has established an institutional structure. In keeping with this concept, the Office of Democratic Institutions and Human Rights (ODIHR), which was initially set up to keep tabs on elections, has been given the green light to offer data on human rights implementation concerns as part of the yearly assessment of human dimension pledges.It also aids the member states in safeguarding the rights of victims of trafficking and other marginalised communities. The Office for the Development of International Human Rights (ODIHR) is also responsible for keeping tabs on how its member countries use the death penalty. This is done in an effort to increase openness surrounding the use of capital punishment in countries that have not yet abolished it.

The Western Hemisphere was a forerunner in the area of human rights protection, but now the European continent has the most comprehensive institutional environment focused towards the protection of human rights and towards humanitarian concerns. Even before the United Nations General Assembly ratified the Universal Declaration of Human Rights in May 1948 and again in December 1948, the American Declaration of Rights and Responsibilities of Man (also from 1948) established the inter-American human rights system. Moreover, the Inter-American Commission on Human Rights (IACHR) was established in 1959. States, individuals, and non-governmental organisations (NGOs) harmed by a violation may file petitions with the Commission. The United States approved its Convention on Human Rights in 1969, and it has been in effect since 1978. After a year of operation, 22 nations of the Organization of American States (OAS) had acknowledged the Inter-American Court of Human Rights’ authority, which had been founded in San Jose, Costa Rica. The court has produced judgements that establish norms for things like kidnapping, unlawful imprisonment, torture, and extrajudicial killings; the obligation of nations to defend their people’ human rights; and the need of prosecuting those accountable for human rights breaches. In order to keep tabs on progress, 16 countries have signed the Protocol of San Salvador from 1999, which includes a system of national reporting.”

In addition to establishing norms and jurisprudence addressing the connection between “human rights, democracy, and the freedom of speech, the IACHR and the Court have played an important role in the development of the Inter-American Democratic Paradigm. The Court established a special rapporteur for freedom of speech in 1997, leading to the collection of useful data on this facet of the democratic agenda.

The Inter-American Democratic Charter, which institutionalised the democratic paradigm, was ratified in 2001, and since then the OAS has been actively engaged in the process of stabilising representative democracies. Under the Charter, the inter-American human rights regime is explicitly linked to the elimination of poverty, the advancement of development, the elimination of prejudice, and the maintenance of a system of representative democracy.

The group has played a pivotal role in fostering the development of a regional standard for the preservation of democratic regimes and institutions. Also, it has been involved in crisis management and institution development. Throughout the 1990s, the international environment in the area was defined by the OAS’s increased emphasis on defending democracies. Democracy is included in the OAS’s founding statement and has played a role in inter-American relations for the last sixty years. Yet, the need of representative democracy as a prerequisite for membership in the inter-American system did not emerge until the 1990s. Domestic support for democracy became inextricably bound up with regional support for democracy as a norm. Assistance for and legitimization of elections, discussions, educational activities, information distribution on democratic government, and collective involvement in times of crises are all part of a range of practises that have evolved.[8]

The Organization of American States (OAS) also promotes humanitarian initiatives, the most notable of which being the demining of Latin American nations that have undergone civil strife in the previous several decades, including Central American states and Colombia. Since 1991, Central America has been participating in this initiative. The Organization of American States (OAS) began supporting Colombia’s humanitarian mining measures in 2003. As a result, the programme comprises educating residents of landmine-affected regions on how to reduce their risk, rehabilitating, training, and reintegrating landmine survivors into society, and educating government deminers and supervisors on how to do the same. In accordance with the multidimensional concept of security published in 2003, the OAS also addresses natural catastrophes as security challenges. The Inter-American Commission for Disaster Reduction was therefore founded by the OAS General Assembly in 1999. (IACNDR). The main purpose of IACNDR, which involves eight different OAS bodies’, “is to act as the principal forum of the Inter-American System for analysing issues related to natural and other disasters, including the prevention and mitigation of their effects, in coordination with the governments of member states; competent national, regional, and international organisations; and non-governmental organisations.”

The Inter-American Strategic Plan for Policy on Vulnerability Reduction, Risk Management, and Disaster Response (IASP), which targets six vulnerable areas (agriculture, food security and nutrition; critical facilities; education; health; national disaster management systems; public awareness and information management), is also under the purview of the IACNDR.

To better provide financial protection against catastrophic loss, enhance disaster planning and response, and strengthen economic and social infrastructure for sustainable growth and hemispheric security are some of IASP’s primary objectives. The Organization of American States (OAS) wants to see its “member nations become more robust to the effects of natural hazard occurrences and less reliant on the international community for emergency assistance when such catastrophes do hit” by using such a mechanism. There is a renewed emphasis on the resilience strategy in the policy texts of regional organisations, with the overarching goal of reducing vulnerability and keeping risks under check.[9]

The adoption, development, or transformation of standards, regulations, procedures, and decision-making concerning human rights and humanitarian help also found a home on the African continent. Concerns were voiced, prior to the 2001 reorganisation of the Organization of African Unity into the African Union and the adoption of the New Partnership for Africa’s Development (NEPAD), as to whether or not these changes will have any effect on human rights on the African continent. Moreover, the OAU has previously shown considerable interest in Human Rights matters. The right to self-determination, the end of colonialism, and the prosperity of the African people were all mentioned in the charter, which also reiterated the ideals of the UN Charter and the Universal Declaration of Human Rights. On top of that, the racist governments in Rhodesia and South Africa were a major source of worry for the OAU, as did the continued colonialism in the former Portuguese possessions of Mozambique and Angola. This early interest in human rights was given a boost in 1986, when Banjul’s independent Commission for the African Charter on Human and Peoples’ Rights (ACHPR) went into effect. This organisation was recognised as Africa’s primary human rights watchdog. The African Union’s African Commission on Human and Peoples’ Rights has grown in stature and credibility as a human rights watchdog over the years.

With the creation of AU, the OAU’s absolute commitment to “non-interference in the internal affairs of States” was significantly modified by explicit promises to “promote and protect human and peoples’ rights in accordance with the African Charter on Human and Peoples’ Rights and other relevant human rights instruments”. Respect for democratic principles, human rights, the rule of law, and good governance are some of the founding values of the African Union, as are “condemnation and rejection of unconstitutional transitions of governments” and “the right of the Union to intervene in a Member State according to a resolution of the Assembly of Heads of State and Government under grave circumstances, notably war crimes, genocide, and crimes against humanity.”[10]

This notion may be strengthened by the presence of the African Court on Human and People’s Right. Since its inception in 2006, the Court has had the authority to hear and decide on all cases and disputes involving the interpretation and application of the African Charter on Human and Peoples’ Rights and the Protocol that established the Court (Protocol to the African Charter on Human and Peoples’ Rights). Article 5 of the Protocol states that the Court may accept complaints and/or petitions from the African Commission on Human and Peoples’ Rights, from States signatories to the Protocol, or from African Intergovernmental Organizations. Individuals from States that have made a Declaration acknowledging the Court’s jurisdiction and non-governmental organisations holding observer status before the African Commission on Human and Peoples’ Rights are also eligible to bring matters directly before the Court.”

Although having several problems and limitations in the field of human rights, the New Partnership for Africa’s Development (NEPAD) is the most significant treaty or agreement signed by the African Union (AU). NEPAD is comprised of three primary components: the Peace and Security Initiative (which covers topics such as development and security, early warning and prevention, management, and settlement of conflicts), the Economic and Corporate Governance Initiative, and the Democracy and Political Governance Initiative. NEPAD is an acronym that stands for the New Partnership for Africa’s Development. The latter is what counts the most from a point of view related to human rights. Its goal is to make certain that all decisions made by the African Union (AU) in favour of democracy, good governance, peace, and security are rigorously adhered to, particularly the AU’s position on illegitimate changes of government. Moreover, it aspires to establish and strengthen trustworthy election administrations and oversight organisations in all of the nations that are participating. Protecting and advancing the rights of women, children, and other marginalised peoples, including the homeless and the stateless, is one of its primary goals. Other primary goals include reducing and preventing intrastate and international conflicts, promoting constitutional democracy and its values, such as free and fair elections, and reducing and preventing intrastate and international conflicts.

It is NEPAD’s proclamation that the struggle against poverty in Africa involves not only smart economic policies but also respect to principles of good governance and human rights that constitute NEPAD’s most important contribution to the diffusion of fresh techniques. NEPAD, on the other hand, does not integrate this knowledge into its development plan nor does it suggest the modifications that would be required to arrive to the desired destination. The Organization of African Unity’s (OAU) Mechanism for Conflict Prevention, Management, and Resolution in 1999 was superseded by the African Union’s (AU) Peace and Security Council (PSC), which was established in 2003 in Addis Ababa after a summit of AU heads of state. The Permanent Security Council (PSC) recognises that democratic institutions and the respect for human rights are essential assets towards the goal of promoting stability, security, and peace throughout the continent.

One of its declared purposes is the promotion of peace, security, and stability in Africa in order to secure the protection and preservation of life, as well as the anticipation and avoidance of conflicts. In the event that hostilities commence, it will be the responsibility of the Peace and Security Council to intervene and assist in the restoration of confidence between the contending parties. As part of its efforts to prevent conflicts, it also works to “promote and encourage democratic practises, good governance, and the rule of law, protect human rights and fundamental freedoms, respect for the sanctity of human life, and international humanitarian law.”

The PSC goes farther than the OAU’s previous Mechanism for Conflict Prevention, Management, and Resolution by recognising the Union’s power to interfere “in respect of severe circumstances, notably war crimes, genocide, and crimes against humanity,” as well as “the right of Member States to seek intervention from the Union in order to restore peace and security.”

The fact that African leaders have made a commitment, at the very least in principle, to advance democratic development and protect human rights throughout the continent is one of the most noteworthy characteristics of the Union of African States (UA) and the New Partnership for Africa’s Development (NEPAD). At the very least in principle, the treaties, bodies, and documents of the UA cast doubt on the ideas of sovereignty and non-intervention that were considered to be sacred during the years that the OAU was in existence; these values were advocated primarily by Muammar Kadafi. In addition, since 2003, the African Peer Review Mechanism (APRM) has welcomed membership from a total of 33 African states. This is a crucial mechanism that assures governments are following to a range of human rights agreements, both local and international. These accords can be found in both the United States and internationally. While Western countries such as Canada and the United Kingdom offer major financing and support for the African Peer Review Mechanism (APRM), it is not always enthusiastically received by African governments. This is especially true when the peer review system involves matters pertaining to human rights.

CONCLUSIONS

By describing their work, regional organisations in the human rights and humanitarian sphere lend credence to the idea that they have a common governing machinery and a common language.

The European Convention for the Protection of Human Rights and Fundamental Freedoms was approved by the Council of Europe in 1953; it is only one example of the work done by regional organisations during the 1950s to advance human rights. As was previously said, the OAS and the OSCE also had a significant part in developing this tendency.

Humanitarian assistance and the establishment of organisations and systems to react to natural and manmade disasters are relatively new developments. In 1992, the European Community and European Union established the European Commission for Humanitarian Aid (ECHO) as the first regional organisation to establish a dedicated entity for humanitarian assistance. Although NATO adopted this language in the late 1990s, ECOWAS and the Organization of American States (OAS) didn’t start using it until the early 2000s. More individuals have been impacted by natural catastrophes like the 2004 tsunami and the Katrina tragedy, and the debate on climate change has gained traction in the last decade, all of which have contributed to this trend’s rapid growth.

Currently, 11 regional organisations have included human rights language in their “official documents. These include the African Union, the Arab League, the Association of Southeast Asian Nations, the East African Community, the Council of Europe, the European Union, the Organization of American States, the Organization of the Islamic Conference, the Organization for Security and Cooperation in Europe, and the South Asian Association for Regional Cooperation. Human rights monitoring methods have been developed by the European Union, the Organization of American States, the Organization of the Francophonie, the Organization for Security and Cooperation in Europe, and Mercosul. Human rights tribunals may be found within the structures of the African Union (African Court on Human and Peoples Rights), the Council of Europe (European Court of Human Rights), the European Union (EU), and the Organization of American States (OAS). Another organisation with plans to establish a court is the Arab League (Pan-Arab Court of Human Rights). While the political and social realities on the ground are affected differently by each of these groups, the laws on regional government mentioned here are beautifully expressed here. When it comes to responding to emergencies and disasters, we have seen that organisations like the Asia-Pacific Economic Cooperation, ASEAN, CIS, ECOWAS, EU, NATO, OAS, OSCE, and SADC have all emerged to fill this role. Regional organisations’ perspectives on regional governance now include the obvious recognition of the necessity to coordinate actions in this sector and complement the work done by governments. And most regional organisations have integrated resilience thinking into their language and practices.”

BIBLIOGRAPHY

• William Abresch. A Human Rights Law of Internal Armed Conflict: The European Court of Human Rights in Chechnya. European Journal of International Law, Vol 16, Issue 4, 2005. P. 742-743.
• Yasumasa Komori, “Regional Governance in East Asia and the Asia Pacific,” East Asia, 26 (2009): 321 -341.
• Heribert Dieter, “Changing patterns of regional governance: from security to political economy?”The Pacific Review 22 no. 1 (2009): 73–90.
• Peter Katzenstein,A World of Regions: Asia and Europe in the American Imperium (Ithaca, New York: Cornell University Press, 2005).
• Barry Buzan& Ole Waever,Regions and Powers: The Structure of International Security (Cambridge: Cambridge University Press, 2004), 10.
• Michael Pugh & Waheguru Pal Singh Sidhu, The United Nation and Regional Security Europe and Beyond (Boulder, Colorado: Lynne Rienner, 2003).
• Ramesh Thakur &Luk Van Langenhove, “Enhancing Global Governance Through Regional Integration” in Regionalisation and Global Governance, Andrew Cooper, Christopher W. Hughes &Philipe de Lombaerde (London: Routledge, 2008).
• Yves Berthelot, ed.,Unity and Diversity in Developmental Ideas: Perspectives from the UN Regional Commission (Indianapolis: Indiana University Press, 2004).
• Burnell, Democracy Assistance: International Co-operation for Democratization (London: Routledge, 2000). On the UN see T. Weiss, D. Forsythe and R. Coate,The United Nations and Changing World Politics (Boulder Co: Westview Press, 1994).
• B. Gali, Report An Agenda for Peace Preventive Diplomacy: Peacemaking and Peace-keeping (A/47/277 – S/24111), 17 June 1992 (New York: United Nations 1992); and B. B. Gali,An Agenda for Democratization (A/51/761), 20 December 1996 (New York: United Nations, 1996).
• Doyle, Making War and Building Peace (Princeton: Princeton University Press, 2006) and P. K. Huth and T. L. Alle, the Democratic peace and Territorial Conflict in Twentieth Century (Cambridge: Cambridge University press, 2002).
• Risse, S. Ropp, and K. Sikking, the Power of Human Rights: International Norms and Domestic Change (Cambridge, Cambridge University Press, 1999); and J. Donnelly, Universal Human Rights in Theory and Practice (New York: Cornell University Press, 2003).
• Zanotti, “Governmentalizing the Post-Cold War International Regime: the UN Debate on Democratization and Good Governance” in Alternatives: Global, Local, Political, Vol. 30, No. 4, October 2005: 461-489; B.B. Gali, An Agenda for Democratization, 1996; and P. Burnell, Democracy Assistance: International Co-operation for Democratization, 2000.

[1] Yasumasa Komori, “Regional Governance in East Asia and the Asia Pacific,” East Asia, no. 26 (2009): 321 -341.

[2]Heribert Dieter, “Changing patterns of regional governance: from security to political economy?”The Pacific Review 22 no. 1 (2009): 73–90.

[3]“Peter Katzenstein,A World of Regions: Asia and Europe in the American Imperium (Ithaca, New York: Cornell University Press, 2005).”

[4]Barry Buzan & Ole Waever,Regions and Powers: The Structure of International Security (Cambridge: Cambridge University Press, 2004), 10

[5]“Michael Pugh & Waheguru Pal Singh Sidhu, The United Nation and Regional Security Europe and Beyond (Boulder, Colorado: Lynne Rienner, 2003).”

[6]Yves Berthelot, ed.,Unity and Diversity in Developmental Ideas: Perspectives from the UN Regional Commission (Indianapolis: Indiana University Press, 2004).

[7] Fawcett, “Regionalism from an Historical Perspective”, 25.

[8]“B. B. Gali, Report An Agenda for Peace Preventive Diplomacy: Peacemaking and Peace-keeping (A/47/277 – S/24111), 17 June 1992 (New York: United Nations 1992); and B. B. Gali,An Agenda for Democratization (A/51/761), 20 December 1996 (New York: United Nations, 1996).”

[9]“T. Risse, S. Ropp, and K. Sikking, The Power of Human Rights: International Norms and Domestic Change (Cambridge, Cambridge University Press, 1999); and J. Donnelly, Universal Human Rights in Theory and Practice (New York: Cornell University Press, 2003).”

[10] L. Zanotti, “Governmentalizing the Post-Cold War International Regime: the UN Debate on Democratization and Good Governance” in Alternatives: Global, Local, Political, Vol. 30, No. 4, October 2005: 461-489; B.B. Gali, An Agenda for Democratization, 1996; and P. Burnell, Democracy Assistance: International Co-operation for Democratization, 2000.

ABSTRACT

The origins of criminology, the traditional function of police patrol officers, the responsibilities of the current police patrol officer, and the many sub-genres of criminology are all covered in this historical overview. Information on current investigative practises such as team policing, case screening, investigative functions (preliminary, follow-up, and special subject investigations), crime analysis, specialised investigative units, and the relationship between criminal investigation and the news media is provided. Following this is a discussion of the law as it pertains to conducting a criminal investigation, as well as information gathering techniques, how to conduct interviews and interrogations, how to write reports, how to conduct surveillance and undercover operations, how to conduct analytical investigations, how to investigate a crime scene, and how to use forensic laboratories. There are further chapters on sexual offences, violent crimes, assault, robbery, burglary, larceny, accident investigations, drug offences, special investigations, the police-prosecutor interaction, and trends in the investigation of crimes.

INVESTIGATION

The safety of citizens, their rights, and their property are all ultimately the responsibility of the police. The Police have been given a significant role to play in the preservation of fundamental rights, which is why the Criminal Justice System was established. Among their many responsibilities are the upkeep of law and order and the investigation of criminal activity. The police force is tasked with safeguarding people’ fundamental human rights.

The police must conduct an impartial and thorough investigation, gathering any and all evidence they come across throughout the search, whether it be in favour of or against the subject. In reality, the purpose of the inquiry is to ensure that society is protected by the laws, processes, and police practices in place. Officers conducting investigations must be highly competent and well-organized, with all the necessary resources made available to them.

The police force has the mental and moral fortitude to do whatever it takes to live up to the public’s high standards for reducing crime and solving crimes. When doing so, police officers often exhibit the negative traits characteristic of the police subculture, such as arrogance, the taking of the high road, defensiveness when criticised, a lack of creativity, and so on. Judiciary observations in various criminal cases reveal a reluctance on the part of the judges to accept the word of law enforcement. This is not a common practice in other nations. This was a gift from the great kings of old. It is well known that law enforcement often resorts to underhanded tactics in their investigations. In addition to claims of corruption or unconnected political or otherwise, they attempt to stifle the truth and present untruths to the court in a number of instances.[1]

DIFFICULTIES OF THE INVESTIGATING OFFICERS:

The following challenges must be overcome before a prompt, efficient, and fair inquiry may be conducted:

1. Lack of shift system;
2. Non-supportive of the general public’s mindset;
3. Excessive burden owing to insufficient staff and long working hours, even on holidays;
4. Issues with insufficient resources, including forensic and logistical assistance,
5. a lack of trained investigators, and antiquated training methods for the field of investigation (mostly in the form of service learning)
6. Laws to effectively deal with expanding areas of crime, such as organised crime, money laundering, etc;
7. public distrust of the judicial system;
8. the need for improved coordination between the Criminal Justice System’s primary and sub-systems in crime prevention, control, and the search for truth.
9. Misuse of bail and anticipatory bail requirements;
10. Diverting police resources away from their primary duties;
11. Having an investigator stop their work in the middle of an investigation because they were pulled off law and order duty;
12. Political and executive interference;
13. The ineffectiveness of active preventive laws in curbing the criminal tendencies of hardened offenders and repeat offenders.

QUALITY OF INVESTIGATION

Section 2(b) of the Criminal Process Code defines “investigation” as “the gathering of evidence in any action under the Code by a police officer or by any other person authorised by the Magistrate in this respect.”

An investigation is the process of learning the truth for the sake of effective detection and prosecution. According to the Supreme Court, the investigative process includes the following phases in general:

• First, there’s the on-the-spot trial;
• Second, learning the whole story;
• Third, tracking down and apprehending the offenders.
• Fourth, in light of the fact that the offence was committed Evidence gathering, which may include the following:

A noticeable decline in investigative quality was also noted by the West Bengal Police Commission (1961-2). The Second Police Commission of West Bengal (1988) reaffirmed the declining trend and noted that the quality of investigations had decreased over the intervening years. Some unresolved instances remain undetected. Consequence: there has been a decrease “in the number of those convicted.

INSULARITY AND INTEGRITY OF THE INVESTIGATING AGENCY

Another major factor influencing inquiry quality is the close-knit nature of the investigating officers and their superiors. For a fair and impartial inquiry, it is crucial that the investigative apparatus be shielded from political and other additional pressure, and that it follows the law of the nation and the Constitution. It has been noted, however, that some in power don’t seem to mind using their positions of power to obstruct or even halt criminal investigations, or to manipulate the results of such investigations to better fit their own political or personal needs. The ‘Desires System’ dictates where police personnel at the District and Thana levels are assigned, leading to subpar service in certain states. Not even if it were in the public interest or due to the generosity of the local M LA and M Ps could a transfer be made. This behaviour should be stopped anywhere it is common, especially among the Government and the Police.

The honesty of the IO directly affects the honesty of the inquiry he conducts. Misconduct on the part of IOs is sometimes disregarded as a result of mistaken and misguided service loyalty. The Committee believes that the District Superintendents of Police, Range Deputy IGs, and DGPs are responsible for ensuring that only IOs with the utmost integrity are performing investigative duties and that any corrupt or dishonest members of the IO community are removed. It would call for a system at the district level and for the state’s police attention structure to be strengthened.

COMPREHENSIVE USE OF FORENSIC SCIENCE FROM THE INCEPTION

To ensure that all relevant physical clues and sketch evidence, which would eventually offer forensic science examination, are properly identified and gathered, the application of forensic science to criminal investigation must begin at the very first stage of the visit by the IO to the crime scene. This is best accomplished if a suitably trained technical hand is present to accompany the IO to the crime scene. In many industrialised nations, it is usual practise to staff police stations full-time with technical experts with titles like “Field Criminalist,” “Scene of Crime Officer,” “Police Scientist,” etc. These employees are hand-picked for their aptitude for scientific work and their exposure to science in the classroom, and come from the ranks of the scientific cadre or are police officers themselves.

The current degree of forensic science application in criminal investigation in the nation is quite low, with about 5-6% of reported crime cases forwarded to the FSLs and Finger Print Bureau combined.[2]

The Committee believes that the following recommendations from the Core Group should be implemented:

• All serious and essential crimes, including those involving cruelty against the person, sexual offences, robbery, dacoity, burglary, terrorists’ crimes, arson, poisons, narcotics, firearm-related crimes, fraud and forgery, and cybercrimes, must be investigated using Forensic Science. One or more mobile Forensic Science Units may be necessary based on factors such as District size, crime rate, region, and accessibility. One forensics expert, one fingerprint expert, one photographer, and one videographer should make up each team. Every police station needs its own set of Scientific Investigation equipment in order to properly identify and extract scientific clues from crime scenes.
• Appropriate facilities should be planned for the packing, storage, and preservation of scientific hints, material obtained from the crime picture, or supposes to ensure their protection against flaw, ruin, or spoilage at the police station or in the District head office. The State Government should establish a sufficient number of Regional FSLs at the headquarters of each Police Range.
• According to a NICFS research, both the Central and State FSLs are experiencing a serious shortage of manpower. Governments should use the appropriate succession plan to fill these openings. Forensic scientists in this nation are mostly self-taught, since there are no formal training programmes for them. Evidence gathering is a time bomb, as are computer forensics and other forensics-related fields.
• In much of the nation, Finger Print Bureaux are short-handed, meaning that data collection and analysis are being done manually. As this is the case, not only do analysis and recovery take a lengthy time, but there is also a finite amount of space in which to save the data. The majority of FSLs have been created due to a severe lack of funds. It is important to reevaluate the FSL’s financial situation and provide them with enough funding.
• There has to be a mandated deadline by which FSLs must file reports with the police/courts.
• Forensic science laboratories (FSLs) and forensic scientists (FS) should be held to rigorous standards, and a national organisation modelled after the Indian Council of Medical Research should be established to issue such mandates.
• Why Forensic science is not regarded as a respected academic discipline in India. We recommend that the UGC consider establishing Forensic Science programmes at all of the major institutions. A lie detector test polygraph should be available in every jurisdiction. Because frequent usage is required, no other, illegal forms of questioning will be necessary.”

INVESTIGATION OF COGNIZABLE AND NON-COGNIZABLE OFFENCES

The terms “Cognizable Offense” and “Cognizable case” are both defined in Section 2(c) of the Code as follows: – “Cognizable Offence” is an offence for which a police officer may make an arrest without a warrant in accordance with the First Schedule or under any other law for the time being in effect, and “Cognizable Case” indicates such an instance.

The schedule to the Code lists the types of crimes for which an arrest is possible without a warrant. Yet, when we examine the Schedule, we see that there are no specific specifics of offences where police officers may make warrantless arrests. This is a modification to a government award. In contrast, the Schedule outlines which offences are considered “cognizable” and which are not. The severity of the penalties, whether the crime is bailable or not, and the court where the trial will take place are all included. In this case, we want to know whether the distinction between cognizable and non-cognizable offences is helping or hurting the fairness of criminal justice.

The term “offence” as used in Section 2(n) refers to any “act or omission made criminal by any law for the time being in effect” and “includes any conduct in respect of which a complaint may be lodged under Section 20 of the Cattle Trespass Act, 1871.” (1 of 1871).

Any information on a cognizable crime received at a police station under Section 154 must be reduced to paper, signed by the informer, and recorded in the appropriate register. Without waiting for an order from the Magistrate, the relevant official must conduct an investigation into the case’s circumstances in accordance with Section 156(1). The Magistrate has the authority to launch an inquiry into allegations of a cognizable crime. In such a scenario, the citizen is safe from the costs and risks of further investigation and prosecution.[3]

But, this case is unusual to the point where there are no recognisable wrongdoings at all. They are permitted by law according to Code Section 155.5. A complaint about the commission of a non-cognizable offence should be recorded in the appropriate registry and the complainant should be advised to appear before a Magistrate. Without the Magistrate’s direction, a police officer may not initiate an investigation under Paragraph (2) of Code Section 155 in such a circumstance.

Non-cognizable offences include the following: Offenses relating to weights and measures; offences impacting public health, safety, convenience, and morals; causing heart; causing miscarriage; buying or disposing as a slave to any person; rape of a victim under the age of 12 (including a spouse); fraudulent misappropriation; cheating; mischief; forgery; offeasance; causing heart; causing heart; causing miscarriage; buying or disposing as a slave to any Some of the most significant crimes that have an impact on society are those listed below. There are several that carry a sentence of a few months to life in jail. Section 194 Indian Penal Code crimes carry the death penalty. Even for crimes so extreme that they are advertised as non-cognizable, the severity of the penalty reflects the crime’s impact on society. But, there is no reason why such crimes shouldn’t be investigated even in the absence of a Magistrate’s order.

The purpose of the criminal law is to safeguard citizens’ lives, freedoms, and possessions. All victims of crimes covered by the Indian Criminal Code have the right to be treated with dignity and respect. Because of the high volume of crimes classified as non-cognizable, an undue responsibility has been placed on the general public to conduct their own investigations, gather evidence, and present it to the Magistrate. His lawsuit would also compel the folks to hire a solicitor to represent him. However, witnesses aren’t always on the complainant’s side. The complaint would have to spend a significant amount of time looking into the situation. This is challenging for the average person who lacks investigational training. As a result, victims of non-cognizable crimes bear an excessively high cost, both monetary and otherwise.

The average person does not understand the distinction between cognizable and non-cognizable offences. Common belief is that anybody who has been the victim of a crime should seek solace at the local police station. It would be quite awkward if the police told him that the offence was not cognizable and that he should go to the magistrate anyhow since the magistrate would be unable to hear his complaint.

Because of political or other pressures or corruption, police will sometimes bend the truth to make a case seem cognizable when it is not. Put an end to this danger by making it mandatory for police officers to document any complaints they receive. To prevent the abuse of authority by law enforcement, it is imperative that a breach of duty be codified as a criminal offence.

The Magistrate’s order must be based on relevant criteria, such as the need to take the accused into custody without unnecessary delay, the danger the accused poses to witnesses, the likelihood that the accused will attempt to flee the scene, the severity of the crime, its impact on society and the victim, and so on.

Victims of non-cognizable crimes are expected to conduct their own investigations and provide proof, therefore they often forego filing formal complaints. They’re on their feet, feeling neglected and labelled. A lot of people have lost trust in the criminal justice system because of this. The judicial system is now spending a significant amount of time on cases involving the registration of allegations of noncognizable offences. With the time freed up, the legal system may attend to other matters.

It might cause more injured people to report crimes, which would increase police workloads. The basic responsibility of the State is to maintain law and order, hence this should not be used as an argument against the proposed change. Another worry is that it may lead to more baseless lawsuits being filed. Even the most senior and experienced police officer would find it easy to quickly dismiss such baseless “charges.[4]

RECORDING OF STATEMENTS OF WITNESSES – SECTION 161 & 162 OF THE CODE

Section 161 of the Criminal Procedure Code governs police questioning of witnesses during investigations and states that an individual need not sign their name to have their remarks recorded by the police and later utilised as evidence.

With the court’s authorization, only to refute the witness as required by Section 145 of the Evidence Act. In other words, such a declaration cannot serve as an earlier statement for the purpose of supporting the originator. This stems from the public’s lack of faith in law enforcement. This paper proposes a variety of changes that may be made to improve the public’s faith in the police and put those fears to rest. These steps include, but are not limited to, separating the investigation division from the law and order division, shielding it from political and other pressures so that investigating officers can function impartially, independently, and courageously as recommended by Volume VIII Chapter III of the National Police Commission, forming the State Security Commission as suggested, recovering the professionalism and competency of the investigating officers, etc. When conducting an investigation, it would be appropriate to amend Sections 161 and 162 of the Code to permit taking record statements of witnesses, which would be treated on balance with any previous statements and used for supporting and challenging the witness. This would go a long way towards restoring the public’s faith in the investigating officers.

The Law Commission noted in its 14th Report that if the Commission proposed that the police officer be required by law to reduce to paper the testimony of every questioned witness, a careless or indifferent officer might undermine the intent of Section 173. In its 37th Annual Report, the Law Commission underlined this point of view. And further to advise that every witness questioned by the police, whether or not he is intended to examine at the trial, must have his statement documented u/s 161 Cr. P. C. According to the Committee’s recommendation, the investigating officer should be instructed to reduce the length of the oral comments given to him (whether they were in narrative or question-and-answer format). Section 1:63 should be revised to reflect this change (3).[5]

In accordance with section 161 Cr. P. C., the witness is not required to sign a statement he has already given to the Investigative Officer. It is very uncommon for reliable witnesses to turn on each other during the trial, whether out of fear, desire for money, or any other motive. This occurred because the witness failed to put his signature on his testimony to the authorities. The Law Commission said in its 41st Report that a person’s signature should be acquired after reading his statement to the police if he is able to do so. As required by section 164 Cr. P. C., the Law Commission recommended that the Magistrate hear the testimony of the witnesses on oath.”

As an example of the Committee’s advisory role, consider the following:

Section 161 Cr. P. C. should be revised such that it requires investigators to get written statements from witnesses in either narrative or question-and-answer format. If the witness agrees with the statement after it has been read to them, they must sign the statement before it may be accepted.

• A copy of the statement was given to the witness right away
• The duplicate statement may be utilised for either confirmation or challenge purposes under the revised Section 162 of the Code.

RECORDING OF STATEMENTS

Worryingly, witnesses’ comments throughout the inquiry and especially at trial have shown to be true. This might lead to an unfair verdict. This means that forensic science and technology in the present day should be integrating. Witness testimonies, last wills and testaments, and confessions made at the time of death might all be recorded on tape or video and serve as a vital link in this chain. Unfortunately, the current legal framework doesn’t allow for it. These infrastructures were not in place when the constitutional laws were adopted. Because this organisation now has access to these resources, it is imperative that they be used effectively.

In accordance with Section 32 of the Prevention of Terrorism Act of 2002, a police officer of the rank of Superintendent of Police is authorised to write down or record an accused person’s confession using mechanical or electronic devices such as cassettes, tapes, or noise ways that can be reproduced from out of sound or images. Such evidence may be presented in court. Similar language may be found in section 18 of the Maharashtra Control of Organised Crime Act, 1999.

The Committee feels that the legislation should be changed so that audio or video recordings of witness testimony, deathbed declarations, confessions, etc. are admissible in court. One possible first use of these cutting-edge methods is in life-or-death situations.

CONSTITUTION OF SPECIALIZED UNITS AT THE STATE AND THE DISTRICT LEVEL

In addition to the foregoing, specialist squads are required for investigating serious crimes like as homicide, burglary, economic offences, forgery, robbery, dacoity, abduction for ransom, theft of motor vehicles, etc. The following elite units are proposed by the Committee.

1. Squads of Homicide;
2. Squads of Burglary;

• Squads of Economic Offences and Forgery;

1. Squads of Robbery / Dacoity;
2. Squads of K idnappi ng/M issi ng Persons;
3. Squads of Automobile Thefts;

• Squads for tracking criminals.

The State Government must provide these units with enough personnel, transportation, equipment, and other forms of logistical assistance.

The Additional Supervising Police Officer (Crime) at each precinct should have a team of investigators at their disposal.

Furthermore, the Committee believes that each District should have at least 2 additional sworn police officers (Addl. Ss. P.) whose only responsibility it is to assist with crime management. Crime prevention, surveillance, criminal intelligence, offender monitoring, data collecting, experimental research, etc. would all fall within the purview of one supplementary special agent. It will also be up to him to investigate any matters that are given to him.[6]

The second would look into serious offences in the District on his or her own. A greater rate of convictions would be achieved, the quality of investigations would increase, and the percentage of these cases solved would increase as a consequence of this approach.

NEED FOR NEW POLICE ACT

For the sake of crime avoidance and management the law serves as a useful tool. There are flaws in the current legal framework that must be addressed, and some gaps in the law must be filled in order to ensure that criminal matters are investigated and prosecuted as thoroughly as possible. The Malimath Committee has given this issue considerable thought and has come up with the following recommendations for new legislation:

The dated Indian Police Act, passed in 1861 to maintain British control, governs the country’s police force. Today more than ever, the police must act in accordance with the Constitution, the law, and the democratic aspirations of the people. The police force also has to be a responsible and accountable branch of society, free from excessive extraneous influences. The police force should also be ideologically agnostic and competently managed, as well as being nonauthoritarian, citizen-centric, and highly effective. With these goals in mind, the National Police Commission has been pushing for a new Police Act for the better part of two decades.[7]

POLICE REMAND

• The maximum time a person may spend in police detention is 15 days, as stipulated by Section 167 (2) of the Criminal Procedure Code. The investigation of major crimes, however, is just not practicable in such a short time frame. For serious offences carrying a sentence of more than five years in prison, the legislation should be changed to provide for a maximum police custody detention of 30 days.
• It is difficult to examine a case, especially one of inter-State or trans-national effect, within this amount of time if the charge sheet against him has not been submitted within 90 days from the date of his detention. As a consequence, even those accused of the most heinous crimes are often released on bond. If the investigating officer recommends it, the court should be able to accept an extension of 90 days to file charges in cases of severe offences, as long as there are good grounds for the delay.
• A suspect Since the first 15 days have passed since his arrest, he is no longer eligible for remand in police custody under Section 167(2). It has become apparent as a significant barrier to entry in sensitive investigations. The CBI should be authorised to take in suspects after the first 15 days are over, as suggested by the Law Commission of India in their 154th report, so long as the suspect’s total time in police custody does not go beyond 15 days. We do not believe that such bias can be tolerated between the State Police and the CBI. This necessitates a change in the legislation along C.B.I. friendly lines.

Medically ill suspects in police custody are sometimes admitted to hospitals, where they may remain for many days. As a result, it is difficult to conduct interrogations of suspects during this time. As a result, the police officer is at a disadvantage in this situation once the inquiry begins. A solution to this problem would be to modify Section 167(2) so that time spent in a hospital or for any other reason in police custody is not counted against the allotted time.

PROSECUTION

Even the most thorough and meticulous criminal investigation will amount to nothing if the prosecution machinery is not innovative and effective. One of the most common reasons a trial ends in dismissal is because of the prosecution’s performance. Indeed, the accused cannot show his innocence if the burden of proof is too light. But, if he hires a very competent solicitor, and the prosecution has the responsibility to prove the case beyond reasonable doubt, and is particularly often represented by individuals of low competence, the defence will succeed in creating the reasonable doubt on the mind of the court.

The Prosecutor would review the documents before they were submitted to the Courts, offering guidance wherever it was needed. The documents would be filed with the court after they had been corrected. Prosecutors should keep tabs on the case, notify the appropriate law enforcement agencies, and locate any potential witnesses well in advance of the trial date so that they may interview them, review any relevant police reports, and cross-examine any potential jurors. As it is important to monitor the trial’s development closely, it is also important to properly cross-examine witnesses who become hostile throughout the course of the trial.

The Law Commission of India noted in its 14th Report that it would be difficult for public prosecutors to demonstrate necessary “detachment” if they were also members of the police union. The commission therefore proposed creating a separate prosecution division to be housed under a Director of Public Prosecutions. Sections 24 and 25 of the Criminal Procedure Code were included as a result of the Law Commission’s suggestions.

For additional background, consider the Supreme Court’s decision in “S.B. Shahane and Ors v. State of Maharashtra, in which the court ordered the state government to create a Prosecution division staffed by Assistant Public Prosecutors and held directly accountable to the State Government for both operational and administrative purposes, thereby cutting off all ties between the prosecution division and the police force. According to the legislation, the supreme court may hear cases from other countries as well. According to the Supreme Court’s ruling in S.B. Shahane’s case, the Law Commission of India has said (in its 154th Report) that the government cannot have jurisdiction over criminal proceedings conducted by its own police force.

For context, in England, the Crown Prosecution Service (CPS) was established under the direction of the Director of Public Prosecutions with the passage of the Prosecution of Offenses Act, 1985. Before then, the police either presented the prosecution case before the Magistrates’ Courts themselves or instructed attorneys to do so on their behalf, a role that was usually reserved for the Attorney General or the Director of Public Prosecutions. After the new legislation was implemented, the CPS has taken over the prosecution process. Crown Court prosecution is still conducted by members of the independent Bar. Members of the CPS are now briefing the prosecutors. The notion of a “Criminal Justice Unit” was introduced in England to improve cooperation between the police and the Crown Prosecution Service. All CPS personnel have been assigned desks at local police stations and are expected to do their business there.

Independent Directorates of Prosecution have been operational in a number of states for some time. Nonetheless, it is a common gripe among the investigating police that they and the Prosecution seldom work in tandem. The Prosecutors are not interested enough in their job to bring under the authority of the Police Department. The situation on the ground in regards to the prosecution strategy differs from State to State. Most countries now have their own dedicated Prosecution Directorate. They include the states of Bihar, Maharashtra, Kerala, MP, AP, Tamil Nadu, Orissa, Rajasthan, and the National Capital Territory of Delhi. In other states like Haryana, Himachal Pradesh, Karnataka, and Goa, the Directorate reports directly to the Law Department. The Director of Prosecution is a high-ranking member of the judiciary in various countries. In both Tamil Nadu and UP, IPS personnel with the rank of DGP/IG serve as the Director of Prosecutions. In Gujarat, there is not a dedicated Directorate of Prosecutions.”

The role of the investigating officer is crucial in any investigation because it is the job of the officer to gather all evidence to stand the case with the help of witnesses, such as the complainant and his family, other people who saw the incident actually, witnesses of the scene panchanama and the seizure panchanama, exports of handwriting, and any other witnesses which think fit at the time of trial by the opinion of the prosecution, defence council, and court.[8]

• Lack of shift system, insufficient logistical and forensic assistance, and an overburdening workload owing to a lack of personnel make these issues more difficult to manage.
• Due to the lack of coordination between the main system and the other sub-systems of the Criminal Justice System in crime prevention, control, and the search for the truth;
• Due to a lack of trained investigating personnel;
• Due to a lack of modern preparation facilities in investigation, primarily service education; Due to a lack of service education.
• Owing to legislation to adequately deal with expanding areas of crime such organised crime, money laundering, etc., the public has lost faith in the legal system.
• Problems include: the misuse of bail and anticipatory bail requirements; the diversion of police resources away from their core duties; the interruption of ongoing investigations when officers are pulled off the street to deal with other matters;
• political and executive interference; and the ineffectiveness of active preventative laws in curbing the behaviour of hardened criminals and repeat offenders.

A number of law enforcement representatives have informed this Committee that the existing system lacks coordination, which has led to the aforementioned price increase.

• Conviction rates are dropping, and so are court disposal rates.
• Due to a lack of legal counsel during the investigation phase, the quality of investigations has suffered,
• the machinery for Investigating Officers to collaborate with Prosecutors in bail has not been established, and the prosecution section at the district level lacks the means to re-evaluate the presentation.

PUBLIC PROSECUTORS AND ASSISTANT PUBLIC PROSECUTORS

Improved coordination is important, but it is the prosecutors’ abilities that really need to be worked on. In this regard, it is worth noting that historically, Public Prosecutors who appeared before the Sessions Courts were selected from among particularly senior and talented Advocates and appointed for a set term, 3 or 4 years, on the suggestion of the District Judge and the District Magistrate.

The Committee has brought to light the fact that a number of states lack a dedicated team of Prosecuting Officers. Second, there are no hard and fast rules for how and when Assistant Public Prosecutors appointed under Section 25 should conduct themselves. APPs do not have access to any references that may lead to a promotion. The Assistant Public Prosecutors at Magistrates’ Courts are worried. And those currently in the workforce would benefit from regular refresher courses. There are a few states where the current governor’s term is about to expire, which means it’s time to act on suggestions for a new director general of police.

An appropriate amount of motivation may be supplied by offering many promotion opportunities at the same time any cadre is formed. Only if Training for Prosecutors as well as Police Officers, for example, would the expertise of prosecutors be useful in prior post. Creating such positions for former cadre in such divisions may keep employees motivated and interested in their profession, which is essential for advancement. In the event of an acquittal, the Director may request reports from the District Police Superintendent and the prosecutor who handled the case in order to guarantee proper responsibility.[9]

The Committee understands that the new unit will be able to address the shortcomings of the Prosecution section’s operations, and that the Investigation section will have access to legal counsel from experienced prosecutors as needed. The objective is to prevent delays and other negative consequences from being caused by technical and procedural failure.

COOPERATION BETWEEN THE POLICE AND PROSECUTORS

By mutual agreement between the United Nations and the Government of Japan in 1962, the United Nations Asia and Far East Institute for the Prevention of Crime and the Treatment of Offenders (UNAFEI) was founded to foster the healthy growth of criminal justice systems and regional cooperation in the Asia and Pacific region.

Participants from 15 different nations at the 120th UNAFEI International Senior Seminar spoke about ways to improve “Effective Administration of the Police and the Prosecution in Criminal Justice” via more cooperation between law enforcement and prosecutors. The purpose of this roundtable was to provide suggestions for how the criminal justice system’s accountability may be maintained while also improving collaboration between police and prosecutors in the investigation and prosecution of crimes. Helpful input from attendees and guest specialists alike helped in compiling the report referenced above. The report’s usage of core definitions is based on the 107th UNAFEI International Training Course Report. All of the attendees had access to the referenced resources.[10]

CONCLUSION

Investigating officers’ challenges, Superiority of the Inquiry, Insularity and integrity of the investigating agency, Separation of the investigative branch from the law enforcement branch, Investigatory staff placement policy, From the very beginning, extensive use of forensic science, Expert reports being late in coming in, Crime reports, inquiries into both reportable and nonreportable offences, Sections 161 and 162 of the code pertain to the recording of witness testimonies. Statements of witnesses are recorded on video or audio, Formation of specialised agencies at the regional and state levels, Investigation with the aid of specialists, New police legislation, police remand, anticipatory bail, etc., are all necessary. In one corner, investigating authorities have been using the aforementioned clues to compile a mountain of circumstantial evidence. And the defence, via the Public prosecutor, Public prosecutors, and Assistant public prosecutors, will review all of the evidence presented by the prosecution in order to reach a verdict after the charge-sheet has been filed by the investigative authority in court.

The police and the prosecution are the two main components of the criminal justice system. True justice for victims requires both of these institutions to work properly. An investigation agency is one that gets to the bottom of things, figuring out what motivated criminals and who committed offences. Yet, the accused will be found not guilty since the police and prosecution refused to cooperate. The investigating authority must consider the prosecution’s advice when deciding whom to hire as an investigator, what kind of evidence is needed, and how to write a charge sheet so that the accused is not wrongfully exonerated due to a missing or misidentified section. In the past, acquittal rates were about 99 percent owing to several holes in the police investigation; this had a negative impact on the public, society, and the judicial system. Hence, it is imperative that the investigating and prosecuting agencies work together.

BIBLIOGRAPHY

• P. Singh Sehgal Law, Judiciary and Justice in India. (Deep & Deep Publications, New Delhi:1993)
• P. Sharma, ‘Speedy Justice & Indian Criminal Justice System’, XLV (199) IJPA, 365.
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• J.N. Pandey (2011) Constitutional Law of India. (Central law publication, Allahabad 2011)
• N.V. Paranjape Criminology & Penology. (Central law publication, Allahabad 2009)
• v.Krishnamachari. The Law Of Evidence (S.Gogia& Company, Hyderabad 1998)
• Gaur K. D. A Textbook on: The Indian Penal Code (Universal Law Publishing Co. Ltd. Delhi: 2011)
• John Galloway Criminal Justice & the Burger Court. (Facts on File New York 1977)
• Justice V. S. M alimath Committee on Reforms of Criminal Justice System: (Ministry of Home Affairs , Government of India, 2003)
• Misra S.N. & Dr. Sudhir Kumar Misra, The code of Crimanal procedure 1973. (Central law publication Allahabad, 2008)
• Mitra B.B. The Code of Criminal Procedure 1973 (Kamal Law House, Calcutta, 1998)
• Myneny, D. Criminal Law-2 (Asia law house. Hyderabad, 2011)
• Pradeep Singh, “Delayed Investigation and Criminal Justice”, Civil & Military Law Journal, Vol. 45,No.1 & 2, p.41.

[1] Tapash Gan Choudhary (1997) Penumbra of Natural Justice. New Delhi: Eastern Law House,p.78.

[2] D. Myneny, (2011). Criminal Law-2. Hyderabad: Asia law house, p.47.

[3] Dr. J.N. Pandey (2011) Constitutional Law of India. Allahabad: Central law publication p. 47.

[4]Tapash Gan Choudhary (1997) Penumbra of Natural Justice. New Delhi: Eastern Law House, p.54

[5]Dr.v.Krishnamachari. (1998). The Law Of Evidence. Hyderabad: S.Gogia & Company, p.451

[6] S. Misra,  (2008). The code of Crimanal procedure 1973. Allahabad: Central law publication, p.489

[7] Dr. Avtar Singh (2009) Principles of The Law of Evidence. Allahabad: Central law publication, p.547.

[8] Dr. J.N. Pandey (2011) Constitutional Law of India. Allahabad: Central law publication, p.487.

[9] Dr. Avtar Singh (2009) Principles of The Law of Evidence. Allahabad: Central law publication,p.154

[10] Justice V. S. Malimath (2003). Committee on Reforms of Criminal Justice System: Government of India, Ministry of Home Affairs.