Police Questioning Again Discussed By Seminar

Press, Volume C, Issue 29436, 11 February 1961, Page 12

Police Questioning Again Discussed By Seminar

(New Zealand Press Association)

WELLINGTON. Feb. 10. A solution of the problems in police investigations of the individual before he is arrested was offered at the United Nations seminar on the protection of human rights today. Speaking after the Indian participant. Shri Samarendraneth Sen, Mr H. T. Ong, of the Federation of Malaya, said that, like India, his country had a provision which seemed to meet the situation. No statement made by a person in the course of police investigation could subsequently be used against him. This seemed to him a short, simple, and practical solution. It was apparently possible in some countries for people to be carried away by the police and all trace of them lost. It was essential that this should not be permitted, and that relatives or employers should be informed within a reasonable time of the person being taken away. He would put this period at 24 hours from the time of detention.

He considered that it should not be the duty of the police to inform any person, who had been taken for questioning, that he could obtain legal aid, but after the arrest had been made then he should have it.

By widening the holes in the net any more, he said, one would not be serving the innocent but the guilty. Even if by law a country ensured that a suspected person would have the services of a lawyer the moment he was taken into custody, it would only be an academic assurance, said the High Commissioner for Ceylon in Australia and New Zealand (Mr B F Perera) This was because it was not physically possible for a lawyer to be with him at all times to prevent the police questioning him. . Such a law, he said, would only encourage a police officer to break it in his job of doing his best for society.

Several participants in the debate spoke of the integrity of the police and considered that they should not be unduly hampered in bringing criminals to justice. The problem lay in getting the correct balance between the rights of the individual and the protection of society against antisocial behaviour.