Burma Police Manual, Article 1056, provides that the police are obligated to build a cordial and cooperative relationship with the citizenry. They must work together with the people to create a secure society. It is clear that under this Article, the police must not presume that they are somehow superior to ordinary people. Their relationship is no tone of master and servant, or shepherd and sheep. Unfortunately, the current situation in Burma is not consistent with Article 1056. Rather than the collaboration called for in the Manual, many police officers impose their view of law enforcement upon the citizens without receiving any community input. This results in unsafe communities where the police have an adversary relationship with the community members.
Burma Police Manual, Article 1060, provides that police officers cannot have other jobs. Accordingly, any breach of this provision constitutes a criminal offence, punishable three months imprisonment or fine, not more than the amount of three months salaries, or both. This Article seeks to ensure the independence and neutrality of the police force by requiring officers to serve only one master. The current chief of the Burma police, Brigadier Khin Yi, is violating Artile 1060. In addition to his police post, he is also a Brigadier in the army. He must either resign as chief of police or resign from the army. Other countries, even military governments such as Thailand’s, respect the independence of the police. After the recent coup in Thailand, no military official took over the top police position.
Pursuant to Section 32 of Police Act and Section 38 of Rangoon Police Act, any Magistrate or District Superintendent or Assistant or Deputy Superintendent of Police, or Inspector or officer in charge of a police-station, may stop any procession or public assemblies for maintenance of law and order. Nevertheless, it can happen only when the concerned people violate the conditions of a license granted under Section 31 (3) of Police Act and Section37(3) of Rangoon Police contrary to provisions in Police Act, any public procession or assembly shall not be deemed to be an unlawful assembly. As such, any arrest of peaceful demonstrators is unlawful.
The Chapter V of the Code of Criminal Procedures, which is the effective national law in Burma, provides how arrest can be made. Accordingly, arrest without warrant or without an order from a Magistrate can be made for suspects categorized in section 54 of that law. Arrest of innocent civilian who participated in peaceful demonstration, took place in Rangoon on April 22, 2007 was unlawful as it was no in accordance with provisions enshrined in the section 54 of the Code of Criminal Procedure. Ensuring full compliance with the instructions of the military officials, the police wearing civilian suits made such unlawful arrests.
Burma Police Manual, Article 1142, Chapter 48, Part 1, states that all police must wear their police uniforms while on duty (with exceptions made for positions such as undercover detectives). Brigadier Khin Yi violates this provision of the Manual as well. He always wears his military uniform, even when he is serving the police force. Anyone who sees him knows that he is under the thumb of the SPDC military regime. He wholly lacks the neutrality and independence so important for a police officer, and even worse, the police chief. This master-servant relationship between the SPDC and the Burma police force undermines both the dignity of the profession and the trust that the people have for the police. Understandably, the people of Burma cannot trust a police force that is simply a pawn for the military junta. As such, current position of police in society does not facilitate the emergence and functioning of independent and competent judicial system in Burma. Similar situation will remain the same as the SPDC’s 2008 Constitution does not address this crucial issue relevant to police.
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