Police Brutality / Britalite lapolis
Part of Document : Bad Leadership by Kellerman B (Prof) and 30 Case Studies of Failed Leadership
1. Definition of Police Brutality
Police brutality refers to the use of excessive or unnecessary force by police officers against civilians, often violating civil and human rights. It includes physical violence, verbal abuse, psychological intimidation, racial profiling, unlawful arrests, and even deaths in custody (Chaney & Robertson, 2013; Reiner, 2010).
According to Holmes and Smith (2008), police brutality is "a form of misconduct that exceeds the bounds of lawful use of force by police officers in their official capacity." The United Nations defines it as a "violation of human rights by law enforcement", often impacting marginalized communities (OHCHR, 2021).
A few words in Kreol Morisien: Britalite lapolis fer referans a itilizasion lafors exsesif ou initil par bann ofisie lapolis kont bann sivil, souvan viol bann drwa sivil ek imin. Sa inklir violans fizik, labi verbal, intimidasion sikolozik, profil rasyal, arestasion ilegal, ek mem bann lamor an detansion (Chaney & Robertson, 2013; Reiner, 2010).
Holmes ek Smith (2008), britalite lapolis se "enn form move kondwit ki depas limit itilizasion legal lafors par bann ofisie lapolis dan zot kapasite ofisiel." Nasion Zini definir li kouma enn "violasion drwa imin par bann lafors lalwa", ki souvan inpakte bann kominote marzinalize (OHCHR, 2021).
2. Definition and Context in Mauritius
While “police brutality” is not specifically defined under Mauritian law, it refers to the excessive or unlawful use of force by police officers against individuals, particularly during arrest, detention, or public order enforcement. Mauritius is a constitutional democracy that is legally bound to protect the right to life, dignity, and freedom from torture and inhuman treatment, making acts of police brutality a violation of both domestic and international law.
3. Constitutional Protections
๐ Constitution of Mauritius (1968)
- Section 4: Protection of Right to Life
- Section 7: Protection from Inhuman Treatment
- Section 10: Right to a fair hearing
- Section 12: Freedom of expression (applies to whistleblowing and reporting abuse)
These provisions provide legal recourse against police misconduct, especially involving torture or brutality.
Source : https://cdn.accf-francophonie.org/2019/03/maurice-constitution2016.pdf
4. Relevant Criminal and Civil Laws
⚖️ Criminal Code (Penal Code)
- Articles 74–75: Public officers (including police) found guilty of abuse of authority or excessive force can face criminal prosecution.
- Article 76: Criminal liability for acts of violence committed under the guise of duty
- Article 220 and 228: Punish assault, battery, and acts of torture, even by state agents.
๐ง⚖️ Police Act 1974
This law governs the structure, powers, and duties of the Mauritius Police Force (MPF).
- Allows the Commissioner of Police to take disciplinary action against police officers involved in misconduct.
- However, it lacks independent enforcement mechanisms or specific penalties for police brutality.
Source : https://www.policinglaw.info/assets/downloads/1974_Police_Act_of_Mauritius.pdf
5. Oversight and Complaint Mechanisms
✅ Independent Police Complaints Commission (IPCC) – Established under the IPCC Act 2018
- Investigates complaints of police brutality and misconduct.
- Independent from the police hierarchy.
- Has power to summon witnesses, examine evidence, and submit reports to the Director of Public Prosecutions (DPP).
- Limitation: The IPCC does not have prosecutorial powers; it only recommends prosecution.
- Paragraph 137 of the Government Programme 2015-2019 refers to the establishment of an Independent Police Complaints Commission presided by a former Judge of the Supreme Court to ensure that fundamental human rights of citizens are respected.
- The Independent Police Complaints Commission Act was passed in the National Assembly on 19 July 2016 and thereafter proclaimed on 09 April 2018.
- The Independent Police Complaints Commission (IPCC) became operational as from 09 April 2018 and is located on the 4th Floor, Emmanuel Anquetil Building, SSR Street, Port Louis.
- Prior to the establishment of the IPCC, complaints against the Police were handled at the level of the Police Complaints Division of the National Human Rights Commission
- The Commission is a body corporate, which in the discharge of its functions and exercise of its powers, is not subjected to the direction or control of any person or authority.
OBJECTIVE OF THE INDEPENDENT POLICE COMPLAINTS COMMISSION
The objective of the IPCC is to investigate into complaints made against police officers in the discharge of their functions, other than complaints of acts of corruption or money laundering offences.
The main functions of the Commission are to:
- investigate into any complaint made by any person or on his behalf against any act, conduct or omission of a police officer in the discharge of his functions, other than a complaint of an act of corruption or a money laundering offence;
- investigate into the cause of death of a person who died whilst the person was in police custody or as a result of police action;
- advise on ways in which any police misconduct may be addressed and eliminated;
- promote better relations between the public and the Police.
Source : https://ipcc.govmu.org/Pages/About/Functions.aspx
Nature of complaint against the Police
- Refusal to record declaration
- Verbal Abuse
- Damaging private property during police operation
- Delay in enquiry by police
- Failing to attend request made by public
- No search warrant
- Threat by police
- Harassment by police
- Abuse of Authority
- Death in Police Custody
- Torture
- Public Officer using Violence
- Larceny by police during search carried out by them
- Others
๐️ Director of Public Prosecutions (DPP)
- Has sole authority to institute criminal proceedings.
- Can act on recommendations from the IPCC or public outcry.
- However, the DPP’s decisions are not subject to judicial review, which can be controversial.
6. Case Studies of Police Brutality in UK, US, India, France, South Africa
a. United States: George Floyd Case (2020)
Incident: George Floyd, a Black man, died on May 25, 2020, after Minneapolis police officer Derek Chauvin knelt on his neck for over 9 minutes during an arrest.
Key Issues:
- Racial profiling
- Excessive use of force
- Violation of civil rights
- Bystander video sparked global protests under the Black Lives Matter movement
Impact:
- Chauvin convicted of murder in 2021
- Global awareness and calls for police reform (Mason, 2020)
- Introduction of the George Floyd Justice in Policing Act (not yet passed by the Senate)
Reference: Mason, C. (2020). The George Floyd Case and America's Reckoning with Racial Justice. New York Times
U.S. Department of Justice .https://www.justice.gov/archives/opa/pr/three-former-minneapolis-police-officers-convicted-federal-civil-rights-violations-death
b. United Kingdom: Sean Rigg Case (2008)
Incident: Sean Rigg, a 40-year-old Black man with mental illness, died in police custody in Brixton, London, after being restrained face-down for several minutes.
Key Issues:
- Mishandling of mental health crisis
- Delayed medical response
- CCTV revealed contradictory police statements
Outcome:
- Inquest ruled "unnecessary force" contributed to his death
- Led to reforms in police training regarding mental health (IPCC, 2013)
Reference: Independent Police Complaints Commission (IPCC). (2013). Investigation into the Death of Sean Rigg. https://www.policeconduct.gov.uk/sites/default/files/documents/Background-statement-Sean-Rigg-September-2023.pdf
c. India: Sathankulam Custodial Deaths (2020)
Incident: Jayaraj and his son Bennicks were allegedly tortured to death in police custody in Sathankulam, Tamil Nadu, for keeping their shop open during COVID-19 lockdown.
Key Issues:
- Torture in custody
- Abuse of lockdown laws
- Lack of accountability
Outcome:
- Public outrage, media pressure, and protests
- Madras High Court intervened
- Policemen arrested and investigated for murder (HRW, 2020)
Reference: Human Rights Watch. (2020). India: Custodial Deaths in Tamil Nadu Raise Serious Concerns
The news minute.com. https://www.thenewsminute.com/tamil-nadu/tamil-nadus-police-brutality-sathankulam-and-the-system-that-let-it-happen
d. France: Theo Luhaka Case (2017)
Incident: Theo Luhaka, a Black man, was assaulted by police during an identity check in Aulnay-sous-Bois. One officer allegedly raped him with a baton.
Key Issues:
- Racial profiling
- Brutality during routine checks
- Disproportionate targeting of minority youth
Outcome:
- Widespread protests and riots
- Ongoing trial and disciplinary actions
- Calls for banning "stop-and-search" in marginalized areas
Reference: Chrisafis, A. (2017). Theo Luhaka case: France’s long fight against police abuse. The Guardian.
e. South Africa: Collins Khosa Case (2020)
Incident: Collins Khosa died after soldiers and metro police officers allegedly assaulted him for drinking alcohol in his yard during COVID-19 lockdown in Alexandra township.
Key Issues:
- Military-police collaboration
- Misuse of emergency powers
- Torture and violation of basic rights
Outcome:
- High court ruled state had duty to prevent brutality
- Officers suspended, but no prosecutions
- Renewed attention on apartheid-era policing culture
Reference: Mail & Guardian. (2020). Khosa judgment: A landmark ruling for accountability.
Comparative Themes Across Cases
Country Key Theme Unique Factors
- USA Racial injustice, systemic bias Firearms, federal and local policing
- UK Mental health,institutional cover-up Public inquiries, IPCC/IOPC oversight
- India Custodial torture Weak accountability, colonial policing legacy
- France Racial profiling Suburban marginalization (banlieues)
- South Africa Post-apartheid militarization Socioeconomic inequality, weak oversight
7. Muzzle
I support and collaborate fully with the Police and i) As an Educator ii) civil servant iii) son of a former Rector/Principal iv) son of a former CID Police officer, has worked in Police Training School BeauBassin & ADSU v) I even published on the EVIL of DRUG & vi) Grooming & vii) as a victim of violence from Drug addicts , I am AGAINST the legalization of DRUG and GANDIA for recreational use in Mauritius. And personally I do not smoke, nor consume any alcohol and never been into any Drug. I am still VIRGIN, Single, Orphan , successful, achiever, and never even have touched/kissed a woman in my life.
but I feel MUZZLED to talk about 'police brutality' in local context. I cannot say more otherwise I can get myself into trouble. Unfortunately this is the situation in Mauritius. But by defining Police brutality I made my point.
8. Conclusion
Police brutality remains a global human rights challenge, often reflecting deeper societal issues: racism, weak rule of law, lack of accountability, and colonial-era policing models. While reforms have been attempted—like body cams, independent oversight bodies, and training programs—systemic transformation is needed. Hopefully in Mauritius, there is the IPCC that caters for any Police deviances.
References
- Chaney, C., & Robertson, R. (2013). Racism and police brutality in America. Journal of African American Studies.
- Holmes, M. D., & Smith, B. W. (2008). Race and Police Brutality: Roots of an Urban Dilemma. SUNY Press.
- Reiner, R. (2010). The Politics of the Police. Oxford University Press.
- Human Rights Watch (2020). India: Investigate Deaths in Police Custody.
- OHCHR. (2021). Guidelines on Policing and Human Rights.
- IPCC (2013). Sean Rigg Report.
- Chrisafis, A. (2017). Police brutality in France. The Guardian.
