Prof Anthony Minnaar Dept of Criminology & Security Science School of Criminal Justice, College of Law University of South Africa

Similar documents
Acta Criminologica 16(3) 2003

Additional information and statistical data Service de police de la Ville de Montréal. A committed team. at the core of Montréal life

Chapter 7. Policing America: Issues and Ethics

Addressing police brutality in SA

Summary of Investigation SiRT File # Referral from RCMP - PEI December 4, 2017

MEMORANDUM: KHAYELITSHA COMMUNITY ORGANISATIONS DEMAND SAFETY, SECURITY AND EQUAL ACCESS TO JUSTICE FOR ALL

Total Test Questions: 67 Levels: Grades Units of Credit:.50

Andrew Faull speaks to ICD Executive Director, Francois Beukman, about the changes taking place.

Farina v City of New York 2013 NY Slip Op 31393(U) May 23, 2013 Sup Ct, Queens County Docket Number: 24061/10 Judge: Kevin Kerrigan Republished from

Law Enforcement PRECISION EXAMS

Social Contract: Rules set by society must be enforced to be valid American law enforcement has English roots: Posses: Organized groups of citizens

THEMATIC COMPILATION OF RELEVANT INFORMATION SUBMITTED BY MAURITIUS ARTICLE 7 UNCAC PUBLIC SECTOR

a. To effect an arrest or bring a subject under control;

Quarterly Crime Statistics 4 th Quarter 2009 (1-October-2005 to 31-December-2009)

CONTRABAND CIGARETTES: PROSECUTIONS AND SANCTIONS ADV A MOSING

SHOPLIFTING Detention and Use of Force

THE ANTHONY GRAINGER INQUIRY OPENING STATEMENT ON BEHALF OF Q9

Key Findings and an Action Plan to Reduce Gun Violence

MORGENSTER & ST MICHAELS NEIGHBOURHOOD WATCH TRAINING PORTFOLIO OF EVIDENCE

REPORT OF THE PORTFOLIO COMMITTEE ON POLICE ON THE RESEARCH SEMINAR ON RISK FACTORS FOR POLICE HELD ON 17 FEBRUARY 2016 DATED 29 FEBRUARY 2016

Law on Internal Affairs of Sarajevo Canton

Towards an Anti-Corruption Strategy for SAPS Area Johannesburg

Human Rights Watch UPR Submission. Liberia April I. Summary

Occasional Paper No 34 - August 1998

CITY OF PUNTA GORDA POLICE DEPARTMENT I N T E R O F F I C E M E M O R A N D U M

Quarterly Crime Statistics Q (01-January-2011 to 31-March-2011)

Findings from the Survey on Crime and Criminal Justice Statistics in Asia and the Pacific Countries

Shadow Legacy Report The Parliamentary Portfolio Committee on Police

City of Virginia Beach Police Department

IN THE MATTER OF ONTARIO REGULATION 123/98 AND AMMENDMENTS THERETO; AND IN THE MATTER OF POLICE CONSTABLE CHRISTIAN NUNGISA #2257 AND THE

METROPOLITAN POLICE. POLICING AND PERFORMANCE PLAN 2002/03 (without annexes)

In 1996 the SAPS established its first internal anti-corruption unit to tackle what was identified as a growing

NATIONAL INSTRUCTION 2 of 2013 THE MANAGEMENT OF FINGERPRINTS, BODY-PRINTS AND PHOTOGRAPHIC IMAGES

LEANER AND MEANER? RESTRUCTURING THE DETECTIVE SERVICE. Jean Redpath CONTENTS ACKNOWLEDGEMENTS EXECUTIVE SUMMARY MAP OF SOUTH AFRICA

Police Use of Force during Arrest

MEDIA STATEMENT CRIMINAL JUSTICE BRANCH

Decision Making Process

Police Shooting of Ruka Hemopo

North Orange County Community College District ADMINISTRATIVE PROCEDURES Chapter 7 Human Resources AP 7600 Campus Safety Officer

DISTRICT OF COLUMBIA PRETRIAL SERVICES AGENCY

INVESTIGATIONS OF STUDENTS AT PUBLIC SCHOOLS

EFFECTIVE METHODS TO REDUCE RESIDENTIAL BURGLARIES IN THE 5 TH POLICE DISTRICT BRYAN ANTHONY PHILADELPHIA POLICE DEPT

MULTIPLE CHOICE. Choose the one alternative that best completes the statement or answers the question.

RELEASE BY PRESIDENT JACOB ZUMA OF THE REPORT OF THE JUDICIAL COMMISSION OF INQUIRY INTO THE EVENTS AT THE MARIKANA MINE IN RUSTENBURG

Green Paper on Policing. Portfolio Committee on Police 23 July 2013

Clear Country Contexts Based on data for January 2015-December 2017

Slovenia. 1. Police personnel, by sex, and financial resources, Rate 2005 Rate 2006

SAN FRANCISCO POLICE DEPARTMENT

Although metropolitan policing is a

SACRAMENTO POLICE DEPARTMENT GENERAL ORDERS

Northern Ireland. 1. Police personnel, by sex, and financial resources, Rate 2005 Rate 2006

MODULE 5: unlawfulness

Project on Investigating Expenditure relating to Gender Based Violence: Questions to the Department of Justice and Constitutional Development

SAMPLE. The pertinent questions are:

against Members of Staff

FINAL EXAMINATION DIRECTIONS: Write your answers on the ANSWER SHEET provided.

1) The City s governance and oversight of Domestic Violence services and programs, to facilitate coordination among various entities;

Aggravating factors APPENDIX 2. Summary

Covert Human Intelligence Sources Code of Practice

Management Information Division Area Reports: Quarter /19

SANTA CLARA COUNTY CIVIL GRAND JURY REVIEW OF POLICE DEPARTMENT ARREST AND INFORMATION RELEASE PROCEDURES: THREE CASES

Policy 5.11 ARREST PROCEDURES

The History of the American Police

Police Service Act 2009

Malaysia. 1. Police personnel, by sex, and financial resources, Rate 2005 Rate 2006


Stop and search overall engagement report Our key findings and recommendations

I TE KŌTI MATUA O AOTEAROA TĀMAKI MAKAURAU ROHE CRI [2017] NZHC 2279 THE QUEEN PATRICK DIXON

1. Are you willing to work in a job where you are not free to discuss many of your daily activities with family and friends?

NC General Statutes - Chapter 20 Article 4 1

DEPARTMENT POLICIES AND PROCEDURES

Belarus. 1. Police personnel, by sex, and financial resources, Rate 2005 Rate 2006

MBE WORKSHOP: CRIMINAL LAW PROFESSOR LISA MCELROY DREXEL UNIVERSITY SCHOOL OF LAW

Subject: Offences Committed Against Peace Officers Date: October 2015

Under Revision, Pending Update. Published 2016

Corruption, or the abuse of entrusted power

MULTI CHOICE QUESTIONS EVI301-A

The Commonwealth s Official Source for Population and Economic Statistics. October 18, 2016

Testimony of Chief Richard Beary President of the International Association of Chiefs of Police

Township of Kalamazoo Police Department. Integrity - Pride - Compassion - Respect

Implementation of the Child

NOT PROTECTIVELY MARKED

Quarterly Crime Statistics (Q1 and Q2 2015)

VANCOUVER POLICE DEPARTMENT

Police Process. Definition of Police Corruption. Definition of Police Corruption. Cost of Police Corruption (cont.) Cost of Police Corruption

Criminal Law. Protect people and property Maintain order Preserve standards of public decency

JULY 2002 NRPA LAW REVIEW SECURITY QUESTIONED IN STADIUM PARKING LOT MISHAP AT MUSIC FESTIVAL. James C. Kozlowski, J.D., Ph.D James C.

Policy 6.01 DETECTIVE OPERATIONS

[Your Organization] Foreign Travel Briefing

Addendum. from 24 March to 2 April CPT/Inf (2011) 2

Solomon Islands Sessional Legislation

SOC 3344 STUDY GUIDE TEST 2 8 THRU 10

Strengthening Police Oversight in South Africa: Opportunities for State Civil Society Partnerships. Sean Tait

Question What legal justification, if any, did Dan have (a) pursuing Al, and (b) threatening Al with deadly force? Discuss.

CRM 321 Mod 5 Lecture Notes

Marquette University Police Department

Victoria Police Manual

POLICE ACT ARRANGEMENT OF SECTIONS. PART I Introduction and Interpretation

No. 1D On appeal from the Circuit Court for Leon County. James O. Shelfer, Judge. May 25, 2018

THE USE OF CIVIL LAW IN COMBATING CORRUPTION WILLIE HOFMEYR HEAD: SPECIAL INVESTIGATING UNIT

Transcription:

THE MURDER OF POLICE IN SOUTH AFRICA: AN OVERVIEW OF RESEARCH FINDINGS - MINISTERIAL TASK TEAM OF 1999/2000 ISS Seminar: A life threatening occupation: Promoting the safety and well being of police officials in South Africa. 30 th June 2011 Prof Anthony Minnaar Dept of Criminology & Security Science School of Criminal Justice, College of Law University of South Africa

NATIONAL MULTI-DISCIPLINARY COMMITTEE May 1999 a National Multi-disciplinary Committee appointed by then Minister of Safety & Security, Sidney Mufamadi Research Sub-committee Task Team to investigate reasons why attacks on and killing of police members continue at high levels seven separate research reports produced used towards Cabinet Memo Report what could be done to protect the members of the police service review of existing research done on the matter inclusive of international studies

THE RESEARCH Ø re-analysis of the actual murder event: intensities, modus operandi, perpetrators, type of wound and weapon used in the murder (from CIAC stats & SAPS Medical Board reports) Ø led to a better understanding of complex multifaceted issues and causes Ø the results assisted in raising specific issues for further examination Ø assisted formulation of the protective and preventative strategies necessary to protect police officials

ADDITIONAL RESEARCH - a survey questionnaire of victims (in SAPS) who had experienced an attack or having a partner/colleague killed - focus group interviews with police officials and investigating officers as well members of the community - interviews of convicted murderers of police officials in selected prisons in Gauteng

Intensities/number of murders:1992-2002 (on/off duty) YEAR ON DUTY OFF DUTY TOTAL** 1991* 65 99 164 1992* 116 137 253 1993* 104 176 280 1994 81 184 265 1995 84 156 240 1996 76 146 222 1997 90 154 244 1998 92 145 237 1999 84 120 204 2000 60 125 185 2001 67 96 163 2002 41 95 136 TOTALS 960 1 633 2 593 * Excludes deaths of TBVC police force members ** All totals exclude metro & traffic police

Annual ave & on-duty/off-duty For ten year period 1992-2002 the number of murders of SAPS members per annum remained almost constant at above 200 with the first drop below this figure occurring in 2000 reaching lowest figure of 136 for 2002 - killed On duty = 36% of ten year total - killed Off duty = 64% - Question of what situation places member inline for duty?

PROVINCIAL DISTRIBUTION: 1998-2002 Province 1998 1999 2000 2001 2002 TOTAL Gauteng 95 68 62 54 51 330 KZN 59 57 60 57 36 269 E Cape 38 28 28 16 15 125 W Cape 13 12 2 14 14 43 Mpumalanga 11 9 7 11 3 41 Northwest 8 10 8 5 7 38 Freestate 7 12 9 4 5 37 Limpopo 5 8 7 2 5 27 N Cape 1 0 2 0 0 3 TOTAL 237 204 185 163 136 917

Victim profile Ø constable and sergeant (both approx. 35% each) Ø inspector just below 10% Ø non-commissioned officer ranks made up just more than 80% of victims

CAUSE OF DEATH AND WEAPONS USED - gunshot wounds (approx. 80% of fatalities) - significant numbers killed with 9mm pistols or a police service pistol - AK 47s were responsible for death in about 2% of cases - high proportion were multiple gunshots: back of the head and side of the head (close-up execution-style) or in the back wounds - knife stabs - assaults with a blunt or sharp instrument (including stoning or a beating)

MODUS OPERANDI OF ATTACKERS/SITUATIONAL ANALYSIS Ø responding to a complaint, investigating a case, following up on information or doing a search, apprehending a suspect, during a crime prevention operation or on patrolling duties or even responding or caught up in a robbery in progress or during a car chase (20%) Ø robbed of service pistol (8%) Ø surprise or ambush attacks - some were targeted attacks on members in their homes/residences (5%). Ø cell/prison/court escapes; attacks on a police station/satellite station ; and in car hijacks/theft of a motor vehicle (all approx. 1% each of the cases)

MODUS OPERANDI cont. Ø linked to the undisciplined behaviour of a small minority of police members <1% Ø incidents in which members were killed by colleagues (4%) Ø Family disputes/domestic violence also played a role in a number of the killings (2%) Ø fights with girlfriends and boyfriends or a love triangle situation 2% of the cases. Ø involved in fights or arguments with members of the public (5%) Ø killed in shebeens, taverns or hotel bars (1,5%)

SEARCHING FOR EXPLANATIONS: REASONS GIVEN FOR POLICE MURDERS 1. High levels of danger in work, visibility in community and being specific targets - police personnel are known and highly visible in their communities i.e. easily identifiable targets and known to carry firearms - police work highly dangerous, high risk work under difficult and dangerous conditions, terrain is often not conducive to good and effective policing - nor are some communities they work in co-operative (e.g. informal settlements)

Reasons cont... Findings from Focus group interviews 2. Attitude of criminals towards the police - criminals have no respect for the law or for the police nor feared (sufficiently) being caught. 3. The law not a deterrent - never get convicted; - no death penalty

Reasons cont... 4. Corruption - corruption and bribery within the SAPS considered one of the factors leading to the deaths of police - corrupt police getting fellow police killed because they were getting too close to exposing their corrupt activities; or - police involvement with criminals themselves (either through protecting certain members or being corrupt or bribed to supply information or losing dockets) and being "taken out" by fellow members or by the community themselves for this reason.

Reasons cont... 5. Inadequate training - inadequate training, incorrect training or the lack of specialised training as important reasons for why police officers get killed - firearms training, the handling of firearms in arrest or crime scene situations or the fact that firearms are not properly safeguarded when a police person is off duty. - go to the wrong places with a firearm (i.e. a shebeen) coupled to poor awareness of how to carry a firearm and secure it on person at all times also exacerbate risk situations

Reasons cont... 6. Theft of member s firearm - Robbery (theft of a firearm) important reason for attacks by criminals on police - to get rid of policemen who are a threat to them or to prevent police from performing their work. - it is often easy to attack, rob police of firearm and kill them (to prevent from acting as a witness) - Poor weapon retention and handling of a firearm where they carry it on their person Poor equipment and shortages of bullet-proof vests - shortages of bullet-proof vests; the type of bullet-proof vests issued

Reasons cont... 7. Off duty killing and theft of firearms - when they are off duty they go drinking in the wrong places or take their firearms into places of entertainment instead of locking up (safeguarding) their firearm in a gunsafe at home. 8. Use of Force regulations (Section 49) as a hindering factor - Section 49 was more of a hindrance than a help in trying to protect themselves from attacks on them by criminals or when they have to effect an arrest, i.e. makes them hesitant to shoot

Reasons cont... 9. Poor service delivery, inadequate response times and no backup - many policemen are either careless (negligent) while performing their duties - too aggressive, macho or do not wait for backup to arrive (reckless and not careful enough) when approaching a crime scene or making an arrest or are unaware of the potential dangers in a situation (not security conscious of the dangers inherent in certain situations).

Reasons cont... 10. Ancillary motives for the murder of police members - a wife is the perpetrator/instigator of a killing to claim insurance money/pension - killed by a partner in crime - criminal syndicates hire hitmen or put a reward for the killing of a selected police officer - police officers taking sides (lack of impartiality). For example in faction fights or in taxi wars. - being too successful in your (policing) work becoming a threat to criminals - taking firearm home (targeted)

Reasons cont... INTERVIEWS WITH CONVICTED COP KILLERS 1. Opportunistic attack Ø In half of the police murder cases from the one-on-one interviews a crime (excluding the actual murder) was in progress (for example housebreak-in, vehicle hijacking, robbery or theft of firearm) Ø In 35% of the murders a police official's firearm was also stolen or taken during the attack Ø In only one was it specifically indicated that the motive (intention) of the attack was for the theft of the police official's service pistol Ø their firearms were taken as the opportunity to do so presented itself (spur of the moment) or during the attack (response to the police's presence) to avoid arrest.

Reasons cont... 2. Police as easy targets Ø the vulnerability of policemen responding to and entering (in some instances the perception was of rushing in recklessly without any thought for personal safety) a crime situation (crime in progress) and the fact that things develop very quickly which puts policemen not taking proper and adequate precautions at greater risk of being killed. Ø Moreover, in a number of cases the police official was alone (i.e. had no back up or was a specific target or victim) Ø Premeditation or even a planned and deliberate attack in order to murder a policeman are both conspicuously absent from the descriptions of the attack event or of their stated intentions in entering the situation leading up to the death of the victim (police official)

Suggestions for preventing such attacks 1. need to be better prepared and trained in techniques 2. more alert and careful when entering any crime situation, searching for suspects or attempt an arrest 3. obtain advance information (and making more use of informers) so that the police can have prior knowledge of when and where crimes will be committed and can prevent them happening 4. root out corruption within the ranks of the SAPS, have a strong anti-corruption programme

Suggestions for preventing such attacks 5 & 6. undergo better firearms training & the use of body armour (bullet-proof vests) - also raised as an issue since the perception of one respondent was that not only poor firearm use but also the fact that body armour was not adequate protection were factors in the death of policemen, namely that:the police shoot too quickly as they arrive [at the scene of a crime]. They just begin shooting. The police die from their mistakes. If they shoot I will shoot back. The police only wear body armour on the main body so in fact you can shoot them in the head (Interview No. 13)

Preventing such attacks cont... 7. Improve community/police relations - community will be more prepared to cooperate and report crime 8. Police must respect human rights and avoid the abuse or use of force and violence 9. Improve internal discipline

Preventing such attacks cont... 10. Off-duty police should avoid public places such as shebeens and not get drunk (which places them in a vulnerable position) or alternatively not carry their service pistols with them when off-duty and in such public places 11. better support services (psychological counselling, debriefing after experiencing an attack situation and being taught proper stress-management were also mentioned as helping police to perform better

SAFEGUARDING PLANS FORMULATED - Due to the shortage of suitable equipment for police to function effectively recommended new equipment be purchased (e.g. high tensile kevlar vests) - bullet-proof vests in sufficient numbers be purchased and issued to the operational police in the high-risk areas; wearing by operational members made compulsory - a standing reward of R250 000 to be offered to any person who provides information that leads to an arrest and conviction of a suspect responsible for a murder of a police official - An awareness campaign was launched within the SAPS by means of seminars, workshops and internal circulars countrywide

Safeguarding plans cont. - needed to ensure that any member who experienced an attack or witnessed the killing of a colleague must receive the necessary debriefing within 24 hours of the occurrence of such an incident. - Provincial Commissioners in the four high risk provinces instructed to issue all SAPS members operationally deployed in flash-point ( hot-spots ) with a bullet-proof vest. Members to be compelled to wear such bullet-proof vests at all time while on duty. - Provincial Commissioners also requested to ensure all SAPS members operationally deployed within flashpoint areas in these four provinces who had not yet completed the Special Weapons and Tactics (SWAT) course must attend such a course as soon as possible

Safeguarding plans cont. - An evaluation to investigate the security levels of all police facilities in high-risk areas with the aim of upgrading the security at these premises was launched - National Commissioner instructed to establish a unit at Head Office aimed specifically at the development of maintenance of preventative measures designed to protect members from attacks and being murdered. - The purpose of such a directorate to develop and implement guidelines, policy, standards as well as monitoring the implementation thereof (Directorate: Police Safety in the Division: Crime Prevention formally established in January 2001)

Safeguarding plans cont. - Provincial Commissioners instructed to compile Provincial Police Safety Plans - Police Safety Campaign launched involving a specific communication strategy whereby Personal Safety Guidelines would be disseminated to all members - Logistics instructed to evaluate the whole question of the adequacy and utility of primary 'policing tools' namely firearms, uniform, handcuffs, batons, body armour etc, as well as the effectiveness of so-called 'supporting equipment' such as hand-held radios, radios in vehicles and patrol cars themselves. Thirdly, physical security in terms of buildings and premises were also assessed.

Safeguarding plans cont. - tasked to examine the 'securing personal environment - reassessment by the Trauma Working Group led to the re-activation of a debriefing process for all police officials who had been attacked or experienced the killing of a colleague. - the SAPS Helping Professions were encouraged to develop specific stress management programmes to assist police officers in dealing with the stress and trauma being experienced not only in attack and killing situations but also in their daily police work

Safeguarding plans cont. - changing and improving existing training modules - while specialised training (such as SWAT) was largely being given to the specialised units the socalled functional or line police officers on the ground were receiving no or very little of this specialised training outside of their basic training - Tactical Policing Training (TPT) Level 2 course was developed and designed for presentation to new recruits immediately on completion of their basic training - a three-day Preventative Survival Tactics course was also developed for presentation to the personnel and units at police station level countrywide

Some thoughts on current situation Ø Majority of police members killed still constables/ inspectors Ø body armour/bullet-proof vests still a major issue Ø Lack of specialised street survival tactics training for street level uniformed police on patrol Ø Victim of own success better response times getting to crimes in progress Ø Special Task Teams operations (e.g. AtM bombings/cash-in-transit heists/bank robberies/ vehicle hijacking

Some thoughts on current situation Ø Still ambushes/targeted attacks occurring accompanied with theft of police issued firearms from police officers (some killed execution-style) Ø placing selves on duty when in plainclothes not adequately body-armoured while responding to a crime in progress Ø Still rushing to crime scenes without waiting for back-up to arrive (tardy response of flying squad teams) Ø Detectives making follow-up investigations and arrests without partner back up or being adequately body protected.

NUMBER OF MURDERS OF SAPS MEMBERS: 2000-2010 YEAR TOTAL TOTAL 1991-2000 2 294 1999 204 2000 185 2001 163 2002 136 2003* 111 2004 103 2005** 68 2006 133 2007*** 102 2008 119 2009 103 2010 92 2011 (Jan-June) 39 TOTAL 2001-2010 [1 130] 1992-2002 killed offduty names included in totals * 2003 onwards no off-duty killed names on list - only on duty ** Figures only available for March- December 2005 *** 1 st year police reservists names added to Honour Roll

Thank you! Any Questions? E-mail: aminnaar@unisa.ac.za