Black Masked Ones…

Analysis

William Golding, in his “Lord of the Flies”, attempts to analyze the nature of violence in literary form using the example of children stranded on a deserted island. One of the most striking features of the novel is the use of masks, which leads to increased violence among children. Although the children are reluctant to kill a wild boar to satisfy their nutrition, use of the mask by one of the kids spurs the violent act.

In social sciences, this process is called “deindividuation”. In simple terms, it is the elimination of self-awareness limitations and the loss of individuality as a result of people in a mass “dissolving into a group”.

Studies show that such situations result in an increase in violent acts.

This literary retreat is pivotal for understanding the topic to be discussed in the analysis.

In recent years, policemen in black masks have become more frequent during arrest of activists and high-ranking officials, group protests, as well as in front of courthouses.

In other words, the black masks become an integral part of the police uniform. This type of black mask is called a “neck gaiter” and is used as a clothing accessory to cover the face from the throat up to the eyes down. At large, although it is difficult to say when the black mask became a part of the police uniform, it can be assumed that the use of this attribute spread within the framework of compliance with health and hygiene rules during the coronavirus pandemic. For example, in 2020, one of the pro-government media outlets promoted the positive aspects of such practice.

According to Article 40 of the Law “On Police”, one of the distinguishing features of police officers is their special uniform. In two documents entitled "Description of the uniform and insignia of the chief and ordinary staff of the Ministry of Internal Affairs", approved by decree and order of the President of the Republic of Azerbaijan, the mask is not included in the special uniform. 

In this case, to what extent is the police's use of black masks legal?

First of all, the reason for the uniformity of police clothing stems from the function performed - maintaining public order. The main principle set by both local legislation and international standards is public trust and recognizability of the police. Accordingly, uniforms are of particular importance.

According to Article 9 of the “Police Code of Ethics”, the police’s obligations regarding clothing materialize their service and performance discipline; consequently, violation of such requirements may lead to disciplinary liability and dismissal from service.

According to Article 14 of the “European Code of Police Ethics”, a recommendation adopted by the Committee of Ministers of the Council of Europe, the uniform of the police and their staff should normally be easily recognizable. The commentary to that article states that the requirements of this article are applicable, unless there are special circumstances.

It can be assumed that black mask serves to maintain anonymity during policing activities. 

However, this cannot be considered applicable for each situation.

While it is feasible to explain and understand this within the framework of the special importance of the measure taken, the task of operational-search activities, and the security measures applied to persons protected by the state in the context of crimes against the foundations and security of the constitutional order, terrorism, the prevention of crimes committed by organized groups or criminal associations, the exposure and neutralization of criminal groups and gangs, and the like, the use of black masks in the arrest of activists and politicians (Gubad Ibadoghlu, Ulvi Hasanli, Alasgar Mammadli, etc.), the chasing people away who came to attend court hearings from the area without any legal basis, as well as in protests to protect the collective rights of people (Soyudlu events) does not have any legitimate purpose, including the intention to ensure the safety of those police officers.

Even if we assume the opposite and theoretically consider the black mask as one of the other types of special means at the disposal of the police, it must be proportionate to the threat posed. It is doubtful that there are circumstances that would necessitate it in the cases listed above.

Social psychologist Philip Lombardo called the increase in the tendency to violence as a result of the loss of individuality - deindividuation the as Mardi Gras effect (the Mardi Gras festival is the name of a spring festival held mainly in French-speaking areas and where masks are widely used - ed.). The intended meaning in this context is that attempts to maintain anonymity by using "black masks" and other means of disguise directly or indirectly, lead to the use of force and unlawful acts of violence by the police. Studies have revealed a causal relationship between the use of such means during the implementation of policing activities and the rise in cases of violence committed by officers. The decisions of the European Court of Human Rights, statements by local and international human rights organizations are alarming about the upsurge in police violence in Azerbaijan from year to year. Facts of police violence are neither investigated at all nor investigated effectively, perpetrators of violence are not held accountable, shortcomings and gaps in the legislation regulating policing are not resolved. The elimination of the natural appearance that allows for direct or indirect identification of an individual and its concealment under a "black mask", the increase in facts of violence from year to year, creates a distorted perception of the police and law enforcement agencies in the general public that does not comply with the principles and instructions of police activity; such use of the state apparatus of force and the dissemination of these acts on social networks reveal that the protection of public order and security is not based on the legal framework, but on fear of illegal actions of the police. 

“Tribunat” concludes that there is no norm in local legislation regulating the use of black masks in special uniforms by police. Granting the use of black masks can be explained within the framework of the task, principle (conspiracy, coordination of overt and covert methods) of operational-search activities in a number of activities carried out in the field of ensuring national security and combating organized crime, and security measures applied to persons protected by the state, the fact that its use has become a trend in recent years has led to the formation of negative perceptions of the general public about the police and their professionalism.