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Police reform critical to Sri Lanka's stability

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Hong Kong, China — Scandals relating to police misconduct are becoming a national topic of discussion in Sri Lanka. New scandals came to light this week, including police assaults on a pregnant woman and a little girl.

In the first case, policemen who went to arrest a suspect allegedly assaulted his pregnant wife when she pleaded with them not to arrest her husband. The police officers reportedly attacked and kicked her when she fell to the ground. Angry neighbors retaliated by beating up the police officers, four of whom were admitted to Colombo National Hospital with grievous injuries.

In a separate incident at the Polpithigama police station in northwestern Sri Lanka, a family complained to the police about the sexual harassment of an 11-year-old girl by a man of 53 years. Two policemen came to look into the incident. One of them said he wanted to talk to the girl privately and took her to an empty house nearby.

After a short while the family became suspicious and went to see what was going on. To their shock and surprise they found the policeman trying to molest the little girl. This story received media attention after the family reported the incident to higher police authorities.

In yet another case, a man responded to an open invitation issued by local police for members of underground criminal organizations to surrender. The invitation came as a result of highly publicized protests regarding the police execution of alleged underground figures after they were arrested, under the pretext that the police were acting in self-defense.

The man sent a lawyer to the Sapugaskanda police station with his offer of surrender. However, the lawyer was told he would have to pay a bribe of 400,000 rupees (nearly US$3,500). A complaint was made to police authorities in this case as well.

An opposition member of Parliament has raised a question about criminal acts by the police, alleging that some extrajudicial killings were part of a campaign to eliminate certain supporters of the opposition. The parliamentarian also mentioned the assault of a young man, Nipuna Ramanayake, by family members of former Criminal Investigation Division Director Vaas Gunawardene and several police officers, and the senseless murder of two youths at Angulana.

The government has been feeling the heat of widespread heavy criticism regarding police brutality, and has been compelled to respond that action will be taken against errant officers. Both the prime minister and the president have made statements acknowledging that the lack of discipline in the police force is adversely affecting the image of the government. The president reportedly said that the government would not protect anybody who tried to transcend the legal framework of the country.

However, the government’s reactions remain vague. They do not constitute a serious acknowledgement of the collapse of the policing system, which a leading newspaper described as having forced the people to protect themselves from the police. The government has failed to accurately assess the enormity of the problem or the extent of public anger against the police.

The government must take decisive steps to bring the police under the rule of law before even more scandalous incidents occur, if it hopes to restore the confidence of the people and convince them it is serious about dealing with this colossal problem.

The government should immediately appoint a group of Supreme Court judges with a specific mandate to inquire into police criminality and the breakdown of discipline within the police force. This panel should investigate the following issues, submit a report and suggest remedial measures on an urgent basis.

• Widespread acts of criminality, such as extrajudicial killings, various forms of harassment of citizens and torture widely practiced in all police stations.

• The virtual breakdown of the command structure within the police system; the failure of high-ranking officers to implement departmental orders and discipline within the police force.

• The widespread practice of bribery and extortion within the police system.

• The widespread practice of tampering with police records to distort the facts regarding inquiries and their findings.

• Links between police and criminal elements, particularly drug dealers and illicit liquor traders.

An authoritative panel is urgently needed to inquire into these and all other matters relating to police criminality and lack of discipline. Mere gimmicks – such as appointing commissions consisting of persons favorable to the government who will only whitewash the situation – will only further aggravate public mistrust. The credibility of this investigation will depend on its being handled entirely by Supreme Court judges, who must be provided with adequate resources and secretarial support.

If the government fails to respond to public anger against a police system that is harming rather than helping the people, the negative consequences could be disastrous.

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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.)



[ Flag ]
HumanRights @ August 22, 2009 10:08AM HKT

How can police reform is possible when they were given a free hand to commit crimes?

There were so many crimes against humanity committed by the armed forces and the government is not at all interested in transparency and cover up crimes, deny access to international journalists, NGOs and Human rights organizations.

There is no Rule of Law in Sri Lanka and unless international community investigate War crimes and Genocide and punish the criminals nothing is going to change.

[ Flag ]
Sandy @ August 22, 2009 12:18AM HKT
An authoritative panel will be set up to investigate police criminality in the way the commissions set up for killing of 17 ACF workers and killing of 62 children at Sencholai orphanage. Rest is assured. No worries.








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