4月28日,山东临沂郯城县公安局回应关于警车鸣警笛进村喊话一村民涉嫌嫖娼一事,涉事民警已停止执行职务,警务督查部门也正在开展调查。

据此前媒体报道,杨集派出所民警谢某驾驶警车驶入某村庄,并使用警笛高声喊话,直接指称村民李某某涉嫌嫖娼。高亢的警笛声中,先后有两辆警车驶入村子内,同时关于李先生的喊话声传出,吸引了路边村民。此事一经曝光,立即引起社会广泛关注和讨论,公众对警方执法方式及个人隐私保护问题表示关切。宣传室负责人曹警官表示,将对李某某是否涉嫌嫖娼进行核查,并根据核查结果做出结论。目前,警务督察部门正对相关情况调查,将会依法依规进行处理。

警车进村喇叭喊话“李××涉嫌嫖娼”,到底羞辱了谁?

“我没有嫖娼行为,就算我有,他们可以依法处理我,开警车到我们村指名道姓喊话,说我涉嫌嫖娼,是对我人格的极大侮辱,让我在村里抬不起头做人。”山东临沂的李先生称,今年春节期间的遭遇,让自己遭受了极大羞辱,这样的进村喊话还发生了两次。视频显示,民警用喊话器喊的是“恁庄的李xx涉嫌嫖娼”。目前,李先生已向多部门反映此事,并拒绝和解。当地警方的最新回应称,此事正在调查中。

按照正常程序和规定,对于涉嫌嫖娼行为的人员,警方第一步要传唤当事人进行询问,然后经过询问和查证,如果警方有明确证据证明该人员嫖娼,那就可以按照法定程序,依法处理。

但此事“蹊跷”的地方在于,警方传唤是有了,但后续等来的不是依法依规的处理,而是民警开着警车入村大肆传播当事人涉嫌嫖娼的信息。我们看不懂的是,民警这样做的目的是什么,是还没有找到这位当事人嫖娼的证据,要搞心理战,使当事人承认自己嫖娼?因为如果警方有其嫖娼的证据,那依法处理即可,何必多此一举?有没有当事人嫖娼的确凿证据,这是当地警方要回应的第一个重点。

此外,据李先生的说法,警方怀疑他涉嫌嫖娼,是因为查到了他在2023年2月20日的一个转账记录,金额是500元,但警方第一次找到李先生的时间是2023年9月下旬,警方传唤他的时间则还在要往后。可是,据法律界人士表示,嫖娼是属于违反治安管理处罚法的违法行为,违反治安管理行为追究责任的期限为6个月,若李先生所言属实,那即使嫖娼属实,此案也过了期限,依法也应当不再予以追究。相关民警和派出所恐怕要解释一下,为何6个月后依然要死盯此案不放?

当然,无论这位当事人有没有嫖娼行为,无论此案有没有超过6个月的期限,民警都无权使用这样的方式去对待一名公民。

在连行政处罚都没有作出的情况下,就将一个疑似行为,在当事人村里广而告之,客观上造成了当事人社会评价降低,乃至局部性“社死”的事实,这明显越界了,当事人的隐私、名誉等正当权益,都可能遭到侵害,这与行政执法的合法性原则也背道而驰。退一步讲,就算当事人真的有嫖娼行为,他的隐私也受法律保护,要在普法传播和保护隐私之间充分权衡之后确定信息传播的方式和内容,否则就有违法之嫌。

法无授权不可为,执法者更不能任性妄为,知法犯法,带头违法。除非当地民警能拿出这样做的确凿法律依据来,要不然,民警的行为恐怕不只羞辱了当事人,也羞辱了自己,更羞辱了法治。执法的“最后一公里”,不该是这样儿戏、乱为,给执法者抹黑的同时,也一定程度上消解了执法部门的权威性和公信力。

当前,涉事民警已被停职,警务督察部门正在对相关情况进行调查,将会依法依规进行处理。此事我们所关心的,除了涉事民警违反了什么法律法规外,还有执法者这“荒唐”一幕为何会上演?对基层公权力的相关约束与监督,可能还需要进一步查漏补缺。

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