Private investigators to follow new guidelines

Apr 07, 2004

Last week, the Inspector General of Police issued new guidelines for private security organisations, especially those involved in private investigations.

Last week, the Inspector General of Police issued new guidelines for private security organisations, especially those involved in private investigations.

The guidelines were issued after a realisation that private investigative organisations were performing some of their duties in a manner that oppresses and violates the rights of individuals. “For example, they could arrest suspects and detain them in their premises for long hours. They would then imagine these are their suspects.

They would also remain with exhibits and case files and imagine they are theirs,” said Ahamed Wafuba, Commissioner of Police in Charge of Private Security Organisations. According to Wafuba, this was wrong because all suspects and witnesses belong to the state.

Private security organisations were also in the habit of extorting money from their suspects as they released them on bond. They could issue bonds of up to sh300,000. They were also fond of blackmailing witnesses and turning them into suspects.

It was also common practice for these investigators to, after they have caught up with the people they have been looking for, force them to pay for the costs incurred in the investigative process.

“this is wrong and prohibited under the new regulations. If a security organisation is to get money from anyone, it should be from a client, in form of payment for the service rendered but not from suspects or witnesses. The organisations should have operation funds to spend in carrying out their activities,” said Wafuba.

Another grave mistake that private security organisations usually committed was in respect of carrying out searches. Using very lousy personnel, they would storm people’s homes and ransack them, all in the name of carrying out a search. According to the Criminal Procedures Code, even some junior police officers are not permitted to carry out searches.

The officer must be at least of the rank of a sergeant to carry out a lawful search. In the new guidelines, if personnel of a private security organisation are to carry out a search, they should not do it alone.

They are required to go to the O.C. CID of the area and be given responsible police officers to go and carry out the search.

In the new guidelines, private security organisations that carry out investigations must keep a register of all the complaints they receive, detailing the nature of the complaint and the final disposal of the case. All investigation files should be registered, with all their movements recorded.

The organisations are allowed to investigate criminal cases, but such cases being investigated must be reported to police first. If a case has been successfully investigated, it should be submitted to the Director of Public Prosecutions after the sanctioning of the area O.C. CID.

The organisations are also empowered to carry out arrests like any other private persons, but are advised to seek the help of the police and to carry out arrests only when investigations have revealed a prime facie case against any person or persons, and that there is need to arrest.

The guidelines further regulate the organisations on the following: “Arbitration is discouraged and decisions of the arbitrators should not be enforced by the organisations.

Organisations shall not act as debt collectors, bailiffs or witnessing execution of court orders.”

The organisations are to furnish the police with monthly returns on the cases they are investigating, the position of the investigation and the property or exhibits recovered.

“The guidelines are intended to promote accountability and to enhance coordination as people doing the same job. We expect the organisations to comply and those who will not will find themselves in unpleasant positions and can be punished,” warned Wafuba.

Some of the renowned private security organisations that carry out investigations are Interid, on Jinja Road, Classic Investigators on Kizito Towers, Cobra Security Systems in Kololo and Modern Private investigators on Luwum Street.

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