Torture, terrorism and police

 TORTURE, TERRORISM AND POLICE

There is no point in stating that an individual's independence must give way to the state's security. In various instances mandated by various legislation, the right of preventative detention of persons in the interest of state security has been affirmed by the courts. In the national interest, the right to question detainees, suspects, or arrestees must take precedence over an individual's right to personal liberty. The Latin maxims salus populi est suprema lex (people's safety is supreme law) and salus republicae est suprema lex (state safety is supreme law) coexist and are not only important and relevant, but also at the heart of the doctrine that an individual's welfare must yield to the welfare of the state.

There is no point in stating that an individual's independence must give way to the state's security. In various instances mandated by various legislation, the right of preventative detention of persons in the interest of state security has been affirmed by the courts. In the national interest, the right to question detainees, suspects, or arrestees must take precedence over an individual's right to personal liberty. The Latin maxims salus populi est suprema lex (people's safety is supreme law) and salus republicae est suprema lex (state safety is supreme law) coexist and are not only important and relevant, but also at the heart of the doctrine that an individual's welfare must yield to the welfare of the state.

His constitutional right to due process cannot be curtailed unless as authorised by law, yet there would be a qualitative difference in the technique of questioning used on such a person compared to a regular criminal. The threat of terrorism must be tackled with novel approaches and ideas. State terrorism is not a viable counter-terrorism strategy. State terrorism would only legitimise 'terrorist.' That would be detrimental to the state, the community, and, most importantly, the rule of law. As a result, the state must guarantee that the many agencies it deploys to combat terrorism operate within the confines of the law and do not become law unto themselves. The fact that the terrorist violated the human rights of innocent civilians may make him susceptible to punishment, but it does not excuse the violation of his own human rights unless it is done in accordance with the law. To face the problem, scientists must establish scientific inquiry methodologies and investigators must be appropriately trained to interrogate.

In addition to the statutory and constitutional requirements that I mentioned, I believe that it would be beneficial and effective to set up appropriate machinery for the contemporaneous recording and notification of all arrest and detention cases in order to increase transparency and accountability. At the moment of arrest, the officer should create a memo of the arrestee's arrest in the presence of at least one witness, who might be a member of the arrestee's family or a reputable person from the area where the arrest is made. The note must include the date and time of the arrest, as well as the arrestee's counter signature. All of these legal rules have been proclaimed by the Supreme Court in various instances and must be properly observed in order to maintain peace and order as well as the rule of law in society, which is where Human Rights Agencies come into play.