Due process: How do they execute a lawful arrest?

Last week, a video circulated on social media captured an apparent assault of a man by people believed to be local leaders who had intercepted him for flouting measures in place to fight Covid-19. In the video, a motorcycle rider can be seen on the ground, surrounded by about four ununiformed men who used what looked like ropes to tie him up. They have since been arrested and are before courts of law. Following the incident, The New Times engaged law enforcement entities as well as legal experts to understand arrest procedures and who is mandated to arrest a suspect. Who can arrest According to experts, only mandated law enforcement entities can arrest or detain a suspect. Local leaders, community patrol officers and other volunteers’ roles in security according to the experts interviewed is only limited to providing information to law enforcement authorities and sensitizing members of the community on the law. Rwanda National Police Spokesperson, Commissioner of Police (CP) John Bosco Kabera said that only law enforcement authorities can make arrests adding that law enforcement entities do not condone arrest attempts by other entities. Arrest and use of force by other non-law enforcement entities may lead to assault and torture of the suspect as they lack necessary training to deal with such situations, Kabera said. “They (community patrol volunteers and others) simply help in reporting crime, they do not enforce the law, and their roles are to report crime, educate the community. They serve as neighborhood watch,” he said. John Bosco Bugingo, a lawyer and fellow of International Bridges to Justice, an NGO involved in ensuring competent legal representation, said that with Rwanda having decentralized law enforcement entities and operations, unlawful arrests by community policing entities and partners, risks damaging confidence that law enforcement enjoys among the general public. Use minimum force According to the Police Officer Handbook on the Use of Force and Firearms, law enforcement entities are expected to recognize and respect the value of human life and endeavor to accomplish duties without use of force and only use force when justified and other means have failed. “Officers shall use the minimum amount of force that is reasonable, necessary and proportional based on the totality of the circumstances confronting the officers in order to bring about a lawful objective,” the handbook reads in part. During an arrest, if an officer faces no resistance, no force should be used. However, the guidelines also allow officers to use force and firearms to overcome any resistance to lawful arrest but proportionate to the charge, allegations, resistance among other factors. During an arrest, law enforcement entities are either unformed or in the instance of Rwanda Investigation Bureau present necessary identification cards before arresting a suspect. Use of summons In some instances, law enforcement entities reach out to a suspect by serving them summons to a nearby station as part of the investigation process. Speaking to The New Times, RIB Spokesperson Thierry Murangira explained that a summons does not in any way mean that the said person is guilty. “When RIB summons you, even if you think you are innocent, please show up. We can summon you for the purpose of helping an investigation,” Murangira said, adding that even witnesses are summoned. Murangira said that after summoning a suspect, RIB may choose to proceed with the investigations without detaining the suspect while in some instances, they may choose to hold them in custody during investigations. Snubbing a summons or attempting to flee, he said, can lead one to be pursued and brought in by way of arrest as is provided for within the law. Resisting arrest Once in a while there is news of confrontation between a member of the public and law enforcement entities as some may resist arrest noting that they are innocent. This often leads to physical confrontation as they try to flee or use force. Police and legal experts however urge compliance even when one is innocent as resisting arrest could end up leading to another charge of obstruction of justice. Bugingo noted that use of force was permissible but proportionate to the resistance, force as well as offence. Legal experts called for members of the public to comply with enforcement authorities including when they are innocent to avoid physical confrontation that could be violent.

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Due process: How do they execute a lawful arrest?