Police Killing Hand Cuffed Suspects: Explanation Smells Extrajudicial Killings – Bar Committee
December 3, 2013
“The explanation given by the police regarding the death of three suspects who were under police custody arrested in connection with the killing of a police officer and his wife at Kamburupitiya, is unacceptable and the whole incident smells of another case of extra judicial killing” says the Standing Committee of the Bar Association of Sri Lanka on Rule of Law.
“Any person accused of committing criminal acts has a right to be tried according to law. The police cannot be allowed to try and punish persons accused of crimes however serious they may be. This will amount to usurpation of judicial power by the police and the persons responsible has to be dealt with under the law of the country.” issuing a statement the Bar Committee said today.
We publish below the statement in full;
Inspector General of Police
The explanation given by the police regarding the death of three suspects who were under police custody arrested in connection with the killing of a police officer and his wife at Kamburupitiya, is unacceptable and the whole incident smells of another case of extra judicial killing.
The explanation that the 1st suspect arrested was killed by police firing when the suspect (was hand cuffed) tried to pick up a weapon to shoot at the police officer, when the suspect was taken to recover the weapons used in the crime and the explanation given regarding the deaths of the two suspects attested few days later that the suspects have fled from police custody (hand cuffed), and jumped into the Denagama tank is hilarious. The circumstances surrounding the death of these suspects need investigation by a special commission.
Any person accused of committing criminal acts has a right to be tried according to law. The police cannot be allowed to try and punish persons accused of crimes however serious they may be. This will amount to usurpation of judicial power by the police and the persons responsible has to be dealt with under the law of the country.
This is not an isolated incident. It is seen that during the last few years large number of such incidents of death of persons in police custody has been reported and the explanation by the police in all such cases has been identical.
The killing of a person in state custody is a heinous crime as the state is said to be the guardian of its citizens and it is considered that state custody is the safest custody.
Blatant violations of fundamental rights guaranteed under the constitution has to be condemned and the government owes a duty, if it respects rule of law, protection of human rights and democratic values to take immediate steps to appoint a judicial commission and clear the doubts that the people have for very valid reasons. If not it will have a serious infact on the image of the country in respect for rule of law and human rights.
The developing trend is dangerous no one can lay down limits to such actions and it may be not long before even opponents of the establishment will be dealt with summorarily in this manner.
These incidents have created a doubt on the efficacy of the law enforcement establishment to deal with crimes of this nature and the will of the government to protect human rights of its citizens.
Lal Wijenayake Priyantha Gamage
Chairman Converor
