The Authority oversaw a Police investigation into complaints that two balaclava-clad youths were assaulted by Police officers upon their arrest.
The youths were the driver and front passenger of a stolen car, which had been pursued by Police before coming to a stop on a dead-end street. A tyre deflation device was successfully deployed by Police officers during the pursuit, who witnessed the car’s occupants dispose of what appeared to be a firearm from one of its windows (later found to be a replica firearm, similar in appearance to a Glock pistol). It was also reported that the car’s occupants had brandished tools, made hand gestures and thrown other items at pursuing Police vehicles.
In his complaint, the front passenger stated that he got out of the car compliantly and lay on the ground, but Police kicked him in the head several times. He was then dragged onto the bonnet of a Police patrol car and punched in the mouth. The passenger was later assessed at hospital and found to have a bloody nose, shallow scratches to his face and possible concussion symptoms (which he brought to the attention of Police at the time of his arrest, indicating that it was a pre-existing condition).
The driver of the stolen vehicle stated that he was punched in the face while still in the car before being forcibly pulled out, kicked in the head several times and thrown down a ditch. He sustained no visible injuries and did not disclose any injuries while in Police custody.
It was not possible to substantiate the complainants’ claims. The alleged assaults were not witnessed by any of the officers present, or by the rear seat passenger in the stolen car. The front seat passenger’s injuries are consistent with the arresting officer’s account, in which the officer states they were confronted by the youth and felt threatened by them, causing the officer to take the youth to the ground and restrain them.
Police found that the youths’ arrests were lawful and that the force used to detain them was proportionate and necessary to overcome the resistance offered by them. Consequently, no further action was taken.
The Authority agrees with the outcome of the Police investigation.
IPCA: 24-25135 & 25-27133