Inherent investigation system leads to flawed prosecution

Islamabad : The obsolete perceptive investigation system by our law enforcing agencies, especially the Police, the Federal Investigation Agency (FIA) and the National Accountability Bureau (NAB) has frequently led to flawed and weak prosecution, benefiting the criminals.

Our police, in particular is employing the outdated, colonial means of investigations, mainly revolving around the use of third-degree tactics to draw confessions from criminals, which is almost 90 per cent of cases, are negated in the court of law as drawn under duress, leaving prosecution in quandary.

Senior police officials conceded that the use of ‘third-degree’ tactics by the investigators in the police stations to get confessional statements have frequently led to embarrassment in the courts of law.

“Our police are still engaged in the unorthodox and colonial methods of investigations to unearth evidence to substantiate the allegations. Rounding up the close family members like father, brothers and even the female members of an alleged criminal to force him to surrender before the police are still a common practice.

“Similarly, use of extreme forms of violence in the police stations by police against alleged criminals is still continuing despite repeated directions to avoid such tactics but unfortunately, such direction are mostly not followed,” a retired top cop of Punjab said while talking to ‘The News’.

He said that there is a dire need to immediately train the investigators in police and the first step would be to sensible separate investigation/prosecution in the police department. Practically, both the segments of the police are working under the station house office (SHO) and follow his approach of policing.

“We need to hire crime investigation experts who should be trained on scientific lines, using the latest forensic sciences for collecting evidence to corroborate the facts in any crime. Similarly, for interrogation purposes we need to hire psychologists and psychiatrists to engage with the alleged criminals instead of using ‘third-degree’ tactics,” he added.

Though, such kind of advanced itinerary of the investigation could not be implemented on below-average society like Pakistan but the investigation should be based on scientific paradigms, the officer maintained.

But, an officer properly got the skill of investigation, said when contacted, “Evidence collection is the first and most crucial part of an investigation process. All other investigative processes are built on evidence collected from the crime scene. It is most imperative that all evidence are gathered legally and be admissible in the criminal or civil proceeding as they must withstand the precise tests in the court of law. Evidence collected support and authenticate the facts and verify whether an irregularity, fraud, corruption, serious misconduct, or crime has occurred.”

The amateur investigators are unaware of basic requirements of the investigation; leave many gray spots during the course of the investigation which is exploited by the counsels of the suspects in the courts of law.

Often, smart defence counsel outwit the prosecution by cleverly casting doubts over evidence produced in court and got their client off the hook, frustrating all the painstaking work the investigating team has done. Even with a confession in court, improperly obtained evidence can derail a seemingly strong case.

The investigation should not be focused to attain confession from the accused but on finding the truth. By just determine on obtaining admissions, the investigators should not keep an open mind on the possibility of innocence and that could cloud your judgment in the process.

Whatever the reason, it is essential that anyone with investigative duties is trained in investigation techniques, to prevent the loss of evidence, unfair or unethical practices. Proper training will ensure that such matters are dealt with positively by giving all levels of management the confidence that they are able to deal with investigations in a proper manner.

“No ordinary life’s experiences or extensive school education is of value when one tries to obtain information from reluctant individuals. Investigative interviewing techniques are best acquired through structured and systematic training,” the qualified investigator.

“Investigate the detained person as a suspect, not as the criminal, because the investigator should be cleared that he is bound to clear the suspect if he found innocent,” he suggested.

Criminal investigations in Pakistan move from criminal to the crime scene which ultimately leads to the fabrication of evidence, forced confessions, torture, and ultimately acquittals or wrong convictions of the accused.

Investigation under the Criminal Procedure Code (CrPC) is defined as the ‘Collection of Evidence’, which in turn requires the use of scientific tools and latest techniques, an expert aware of the investigation skill.

In order to improve investigations, police must shift its focus on the crime scene and use scientific methods, ensure chain of custody procedures and secure the evidence to identify the criminal, he said, added, “Police are the entry point in the criminal justice system and a door for access to justice. If its core function of investigation is compromised due to political interference, vested interest, or corruption coupled with inefficiency, it will surely lead to miscarriage of justice at the door”.

It is high time that investigative function shall be further developed and only certified investigators must be deputed by law to investigate the cases and in case of motivated or wrong arrests, the investigation officer and the department must face the civil damages suits.