Felicia Browne.
Local human rights advisor Felicia Browne has said while the beating of a burglar by civilians was against the law, the incident is a “clear reflection” that residents are frustrated with the increase in violent crimes and the local justice system.
In a prepared statement sent exclusively to St. Lucia News Online (SNO), Browne said frontier justice, also called vigilante justice or street justice, is extrajudicial punishment that is “motivated by the nonexistence of law and order or dissatisfaction with the state’s implementation of justice”.
Referring to the recent incident in Carielle, Castries in which a burglar was tied and beaten with sticks and tree branches by several men, Browne said: “…it is a clear reflection of the frustration that residents have felt over the few months with the increasing rate of violent crime.”
However, she said when a citizen’s arrest is made, it is prudent that the rights of the alleged perpetrator are not violated as it can set a “dangerous precedent” for law-abiding citizens.
“The right to protect one’s property is legally and morally acceptable, however, it should not infringe on the rights of others – including the alleged perpetrator. If everyone decides to take the law into his/her hands, through his/her own judgement of legality, then the laws of the land will become void. The alleged perpetrator is legally innocent, and has the same rights as every citizen until the law proves otherwise – it is the law of our land.”
Browne continued: “It is from this perspective that I strongly believe that though the vigilantes were just to apprehend the alleged perpetrator, it would have been appropriate to await the police to charge and convict him. The physical and psychological harm that both the alleged perpetrator and the vigilantes suffered may lead to further concerns for us as a society.
“For instance, should citizens become more aggressive in the protection of their properties and personal safety; and further, would “potential” perpetrators use this as a reason to arm themselves in the event they are caught? In such cases, we should act within good conscience, reflect on what harm would it do to a young man who chose this path of life; how do we rehabilitate him or should we immediately use force and violence to educate him on his wrong-doing?
“And further, is it our responsibility as citizens to ensure that our young men are on the right path? We are quick to punish them, yet slow to guide them. From the viral video, one of the vigilantes said “don’t ever come back here and steal.” Does this mean that only his property should be protected? Or that it is permissible to steal, as long as you don’t come here?
“We must not forget that we live in a democracy and a law-abiding society where the law is designed to protect the rights of all citizens, including perpetrators.”
The burglar, who was beaten by several men in the viral video, has been charged by the police and is scheduled to appear in court on Monday.
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