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Most worrying is the granting of additional powers to local police that are already a serious problem to the population due to widespread corruption. The new powers, which make police the arbiters on the type of functions that can be conducted, are likely to provide more opportunities for corruption accompanied by all forms of harassment.
A recent volume of Article 2, a quarterly publication of the Asian Legal Resource Center, describes the use of powers of arrest and detention by the police in several Asian countries, including Sri Lanka, for the purpose of making money.
Many cases cited in the volume detail how people are arrested and detained and charges fabricated against them by the police, solely to obtain bribes. Victims that fail to pay bribes are exposed to torture or illegal imprisonment on the basis of fictitious charges levied on unbailable offenses.
The unbridled power police have acquired over a long period of time allows them to arrest and detain people either to make money or to serve petty political purposes in support of local politicians of the regime, or to suppress politicians of the opposition. Such practices have become commonplace in several countries, among which Sri Lanka figures prominently.
This capacity to abuse power with impunity makes many police officers, particularly those in charge of local police stations, close allies with criminal elements and the underground. Often, the officer-in-charge of a police station is perceived more as a kind of warlord than a law enforcement officer.
One case given in the publication illustrates in detail how an innocent civilian can be trapped and destroyed if caught in this web, where police officers play a key role in suppressing the law.
A local businessman, Sugath Nishanta Fernando, bought a vehicle from a police inspector for a relatively large sum of money. The inspector appeared to be the owner of the vehicle and Fernando bought it on that understanding.
However, the police inspector failed to transfer the vehicle ownership because he, in fact, was not the owner. It was a stolen vehicle sold by the inspector, using his official position to create the impression that there was no illegality involved in the transaction.
When Fernando eventually found that the police inspector had cheated him, he complained. Filing a complaint against a police inspector created not just one enemy but a whole gang of enemies – all the officers of the Negombo Police Station.
In the following months Fernando and his entire family were tortured. Charges were fabricated against him and he was constantly harassed as well as threatened with death many times. Finally, on Sept. 20, 2008, he was assassinated.
To date no one has been arrested for his murder. His widow and two children are living in hiding without protection. Unable to obtain protection from her own government, the widow has filed a petition with the United Nations Human Rights Committee.
In addition to continuing threats against her, her lawyer was also threatened and his office premises burned down on Feb. 8, 2009. He too is in hiding now. Furthermore, a human rights organization that supported the widow has also received repeated death threats. It has had to take precautions to safeguard its staff from possible attacks by the officers of the Negombo Police Station.
This case is just one of thousands being reported constantly from many parts of the country concerning the abuse of police powers of arrest, detention and the filing of charges contrary to the law and legal procedures.
In another report published in January this year, the Asian Human Rights Commission gave details of 200 such cases out of over 1,000 cases researched for the publication of the report. In none of these cases has there been any redress for the victims.
The excuse for the new announcement giving greater powers to the police to approve public gatherings lies in the bomb blast on March 10 at a mosque in Akuressa, in the south of the country, which killed 15 persons.
The Liberation Tigers of Tamil Eelam allegedly carried out the attack. If a security lapse has occurred in a predominantly Sinhala area, then the blame must be placed entirely on the police, as it is their duty to provide proper intelligence in order to avoid such attacks and provide sufficient security to prevent them.
Six government ministers were participating in this particular event, along with many members of the public. If the police could not provide security for such a meeting it is a matter of serious concern.
The failure to provide security should have led to serious inquiries initiated by the government and carried out by the inspector general of police himself. In any country where there is respect for rule of law, the top police officers in the area would have been removed from office and security arrangements reviewed. Even the inspector general of police and the relevant ministers should have been questioned by Parliament on their disregard for security.
However, no such things happen anymore in Sri Lanka. Scrutiny of the security forces does not take place. Instead the same security agencies are granted even greater powers.
Subjecting all public gatherings to the authority of local police stations will not enhance security. On the contrary, it will cause greater abuse of the powers of arrest and detention for the harassment of political opponents and enable police officers to make profits for themselves. This will encourage more lawlessness.
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(Basil Fernando is director of the Asian Human Rights Commission based in Hong Kong. He is a Sri Lankan lawyer who has also been a senior U.N. human rights officer in Cambodia. He has published several books and written extensively on human rights issues in Asia. His blog can be read at http://srilanka-lawlessness.com.)
