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Wednesday, August 19, 2009

Steps needed to be taken to respond to public scandals relating to the police

“The following actions are suggested as a way the government could respond to the present situation in order to restore the confidence of the people on the government’s seriousness in dealing with this colossal problem.”
___________

By Basil Fernando

(August 20, Colombo, Sri Lanka Guardian) As scandals relating to police became a topic that is discussed nationally, two more such scandals came to light. A group of policemen who went to arrest a suspect allegedly assaulted his pregnant wife, who was pleading with them not to arrest her husband. The police officers are reported to have attacked and kicked her after she fell on the ground. Angry neighbors retaliated against the police and assaulted them. Four police officers have been admitted to Colombo National Hospital with grievous injuries.

In a separate report, a man who went to surrender to Sapugaskanda police station was demanded payment of 400,000 rupees by way of bribery. This man had surrendered to the police through a lawyer, answering a public invitation requesting any person who belonged to the underground to surrender themselves to the police. The invitation to surrender came as a result of high publicized protests regarding execution of alleged underground elements, under the pretext of self-defense, after they have been arrested by the police. However, when this particular individual surrendered to the police, through his lawyer hired by the family, this bribe has been demanded. A complaint to this effect has been made to the police authorities.

An opposition member of parliament raised a question about the criminal acts of the police, citing the incidents of extrajudicial killings which the opposition member alleged were a campaign to eliminate some persons who have been supporting the opposition. The question also mentioned the incident relating to the assault of Nipuna Ramanayake by family members of former CCD director Vaas Gunawardene and several police officers, and the murders of two youth at Angulana.

The government, which was feeling the heat of the heavy criticisms that have spread regarding police brutalities, was compelled to respond that actions will be taken against errant officers. Both the prime minister and the president made statements relating to police indiscipline as adversely affecting the image of the government. The president was reported to have said that the government was not prepared to protect anybody who was trying to transcend the legal framework of the country.

However, the government reactions remain vague and do not reflect serious acknowledgement of the collapse of the policing system, which one of the leading newspapers described as having forced the people to protect themselves from the police.

The government’s lack of understanding of the enormity of the problem reflects that the government has failed to assess the extent of the widespread anger in the country against the police. The government should take stock of the situation and take some decisive steps to bring back the police under the rule of law before even more scandalous situations take place around the country.

The following actions are suggested as a way the government could respond to the present situation in order to restore the confidence of the people on the government’s seriousness in dealing with this colossal problem.

The government should immediately appoint a group of Supreme Court judges with a specific mandate to inquire into the present situation of criminality within the police and breakdown of discipline, and to suggest remedial measures on an urgent basis. Such a Supreme Court panel may be asked to inquire and to report on the following matters.

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

• The virtual breakdown of the command responsibility within the policing system and the failure of the higher ranking officers of the police to ensure implementation of departmental orders and the discipline within the police.

• Inquire into the widespread practice of bribery and extortion within the policing system.

• Inquire into the widespread practice of tampering with the police books as a way to distort the actual inquiries and findings.

• Linkages of police with criminal elements, particularly with drug dealers and illicit liquor traders.

These and all other matters relating to police criminality and indiscipline should be urgently inquired into by an authoritative panel. Mere gimmicks of appointing commissions consisting of persons favorable to the government who will only whitewash the situation will only aggravate the public feelings further. The credibility of such an inquiry would depend on handing the matter entirely to Supreme Court judges with adequate resources and other secretarial facilities.

If the government fails to respond to the public anger against a policing system that has begun to deeply hurt the people, the negative consequences could be disastrous.

-Sri Lanka Guardian

The 18th Amendment

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