Several of the articles of the Universal Declaration of Human Rights provide the guidelines for determining if someone is deserving of punishment and the manner in which they should be punished.

Article 5.

No one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment.

Article 6.

Everyone has the right to recognition everywhere as a person before the law.

Article 7.

All are equal before the law and are entitled without any discrimination to equal protection of the law. All are entitled to equal protection against any discrimination in violation of this Declaration and against any incitement to such discrimination.

Article 8.

Everyone has the right to an effective remedy by the competent national tribunals for acts violating the fundamental rights granted him by the constitution or by law.

Article 9.

No one shall be subjected to arbitrary arrest, detention or exile.

Article 10.

Everyone is entitled in full equality to a fair and public hearing by an independent and impartial tribunal, in the determination of his rights and obligations and of any criminal charge against him.

Article 11.

1. Everyone charged with a penal offence has the right to be presumed innocent until proved guilty according to law in a public trial at which he has had all the guarantees necessary for his defence.

2. No one shall be held guilty of any penal offence on account of any act or omission which did not constitute a penal offence, under national or international law, at the time when it was committed. Nor shall a heavier penalty be imposed than the one that was applicable at the time the penal offence was committed.

Institutions such as the police service and the judiciary have tremendous responsibility placed on them in light of the fact that the persons employed in these institutions determine whether persons accused of wrongdoing are rightfully accused. Further while making this determination it is essential that the person who is accused is not denied any of his human rights.

It is imperative that sufficient care, attention and compassion are given while the necessary information is gathered.

The Social Doctrine of the Church reminds us that “The activity of offices charged with establishing criminal responsibility, which is always personal in character, must strive to be a meticulous search for truth and must be conducted in full respect for the dignity and rights of the human person; this means guaranteeing the rights of the guilty as well as those of the innocent. The juridical principle by which punishment cannot be inflicted if a crime has not first been proven must be borne in mind.”

Article 11 of the Human Rights Declaration reminds us “Everyone charged with a penal offence has the right to be presumed innocent until proved guilty according to law in a public trial at which he has had all the guarantees necessary for his defence.”

In carrying out investigations, the regulation against the use of torture, even in the case of serious crimes, must be strictly observed: “Christ's disciple refuses every recourse to such methods, which nothing could justify and in which the dignity of man is as much debased in his torturer as in the torturer's victim”.

International juridical instruments concerning human rights correctly indicate a prohibition against torture as a principle which cannot be contravened under any circumstances. Refer to Article 5 “No one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment.”

Likewise ruled out is “the use of detention for the sole purpose of trying to obtain significant information for the trial”. Moreover, it must be ensured that “trials are conducted swiftly: their excessive length is becoming intolerable for citizens and results in a real injustice”.

Officials of the court are especially called to exercise due discretion in their investigations so as not to violate the rights of the accused to confidentiality and in order not to undermine the principle of the presumption of innocence. Since even judges can make mistakes, it is proper that the law provide for suitable compensation for victims of judicial errors.

These issues have unfortunately represented some degree of challenge in Trinidad and Tobago. There have been several instances when the police have been accused of carelessness, such as misplaced evidence and destruction of evidence.

This means either innocent persons are not able to clear their names or guilty persons escape punishment and the opportunity to show remorse for what they have done.

This means that the society will have difficulty in healing its ills, since people are likely not to be called to account for what they have done, whether it be wrongfully accusing someone of a crime or having committed crimes themselves. There have also been accusations of police brutality and lengthy and unfair judicial hearings. The public has blamed these issues for the increase in crime.

We however as civilians, cannot throw our hands up in the air and surrender. Policemen and women are products of the society, so are the lawyers, judges and magistrates. They need to take their responsibility seriously and understand the repercussions on the society in the immediate and long term.

They become as culpable as the offenders for crime and societal ills. We as citizens in addition to praying for change must put tremendous pressure on these institutions to reform. Where we can assist the police we should. This however has become a debatable issue since many of us fear putting our lives at risk if we assist.

We may simply have to find ways to lobby the government to take a hard stance on the issue and address it holistically as well as train members of the society to be law abiding, honest and fair and to have an appreciation for human rights.

Next week we complete the discussion on punishment by focussing on the death penalty.

Persons interested in purchasing the Compendium of the Social Doctrine of the Church, can contact the Justice Desk, Archbishop’s House at 622-6680. Also on sale at the Justice Desk is Responses to 101 Questions on Catholic Social Teaching.