When handcuffing is dehumanising

A man in handcuffs. Police should not handcuff persons who submit to the custody of the arresting officer. FILE PHOTO | ISHARA S.KODIKARA |

What you need to know:

  • Police should not handcuff persons who submit to the custody of the arresting officer.
  • The UN Standard Minimum Rules for the Treatment of Prisoners prohibits the use of instruments of restraint as a punishment.

Probably no person in Kenya today knows better than Solomon Muiruri how handcuffs can be used as instruments of torture and dehumanising punishment.

His agony is retold in the 2004 case of Solomon Ndichu Muiruri v David Murebu Waiharo.

Waiharo, a chief of Githunguri in Kiambu County, ordered two Administration policemen to arrest him. This is how a Kiambu court described his suffering:

“(Muiruri) was unlawfully confined in a most inhuman way by being handcuffed to high window grills in a standing position for a good nine hours. During this period (he) excreted and urinated on himself — a thing, I agree, must have occasioned him grave embarrassment as members of the public could watch him through the window.

“The humiliation continued as he was walked all the way to the AP’s Post. It was aggravated by being handcuffed to a drunk fellow who was later called to testify (as prosecution witness). They remained in that position throughout the night and on the following day were led to Githunguri (town) still in handcuffs.

“At the office of the defendant (he) remained confined to an embarrassing position of squatting from 9am to 2pm when he was released. (He) was not fed during this period, which no doubt added to his suffering. Finally (he) was released without any charges.”

Muiruri had sued for the unlawful arrest, assault, illegal confinement, and gross inhuman treatment. He was awarded Sh160,000 damages by Kiambu magistrate John King’ori (SRMCC No. 1772 of 1996).

UNNECESSARY USE

Muiruri was actually lucky. Many other victims have not lived to tell their stories, leave alone successfully sue for damages.

Such was the fate, for example, of Gilbert Ngomonin. He was arrested and handcuffed by two APs, Patrick Omondi and Collin Osore.

In a 2011 case, two witnesses testified they saw the APs kicking Ngomonin in the head, stomach and groin after handcuffing him at Siyoi Town in West Pokot. Ngomonin was admitted to Kapenguria hospital where he died the same day.

Beating a suspect is illegal. So is the unnecessary use of handcuffs.

In Peter Macharia Ruchachu v Director of Public Prosecution and Attorney-General, Justice Jairus Ngaah made this clear in his judgment, on March 3, 2014, that police should not handcuff persons who submit to the custody of the arresting officer.

He said section 21 of the Criminal Procedure Code proscribes use of greater or excessive force than necessary particularly where there is no threat of escape or resistance to an arrest.

Handcuffing in such cases is intended to intimidate, humiliate, and dehumanise. It’s a violation of the Constitution, which outlaws torture and cruel, inhuman or degrading treatment.

The Police Code of Conduct and Ethics also forbids subjecting arrested persons to hardship, torture, inhuman treatment or any treatment in excess of what the law stipulates.

In addition, the UN Standard Minimum Rules for the Treatment of Prisoners, to which Kenya is a party, prohibits the use of instruments of restraint, such as handcuffs, as a punishment.