Whither Rule of Law
The following statement issued by the Rule of Law Committee, Bar Association of Sri Lanka (BASL)
by Priyantha Gamage & Lal Wijenayake
( November 9, 2015, Colombo, Sri Lanka Guardian) The Rule of Law Committee of the Bar Association of Sri Lanka expresses it’s serious concern about the very investigation process related to the death of the Five (05) year old girl who was found dead on 13 September 2015.
The Rule of Law Committee expresses its grave concern at the catastrophic publicity given to the incident with virtually nothing spared including the photographs taken of the naked girl’s body.
ARBITRARY ARRESTS:
The Rule of Law committee is particularly puzzled as to the basis of arrest of suspects in the said process with the police arresting over five (05) persons one after the other whose DNA did not match with the crime scene/ victim. The police also appeared to be feeding the Media with news, without even a basic consideration as to what an “investigation”, means.
Thus, the pertinent question is whether there is any basis at all for the arrests?
The committee notes with much concern as to how and why the police, particularly the Media spokesman as well as the O.I.C., Kotadeniyawa Police station, rushed to the mikes no sooner a person was merely suspected.
SO-CALLED CONFESSIONS:
The eagerness with which these two officers informed the world that each one of these five arrestees committed this murder and/or rape solely on the basis of an alleged confession to that effect, has left a permanent scar on all capable officers of the Sri Lanka Police.
The committee draws the specific attention of all officers concerned with this investigation to Section 25 of the Evidence Ordinance which reads thus:
“25’(1) No confession made to a Police officer shall be proved as against a person accused of any offence.
ALLEGED TORTURE:
The committee is also deeply disturbed by the media reports that, almost all the suspects had been subjected to severe torture, cruel, inhuman and/or degrading treatment, but reserves comment at this point since a Judicial Inquiry/proceedings are pending.
The Rule of Law Committee urges the Inspector-General of Police as well as the National Police Force at large to look into these serious issues and to duly deal with the relevant perpetrators, if any.
OPEN VIOLATION OF S.365(C):
The Committee also expresses it’s deep shock with regard to the continuous gross violation of section 365(C) which reads thus:
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URGENT ACTIONS NECESSARY:
The Committee considers it necessary and opportune for the IGP and the National Police Commission to intervene in this matter to ascertain as to what exactly has taken place with the investigation in issue and/or to see whether there in fact was an investigation; to see the need for competent, independent and professional officers to be in-charge; and to provide due advice and technical assistance, if necessary, as a matter of urgency.
The Rule of Law Committee is also of the view that the IGP has a pivotal duty to ensure that his officers are fully aware of their duty; are diligent, professional and competent in their respective work; are duly supervised; and that the due review processes are in place to recognize the deserving cases for rewards or removal.
The Committee also draws the IGP’s attention to the remarks of the United Nations High Commissioner for Human Rights on the Sri Lankan Police:
“The security forces, police and intelligence services have enjoyed near total impunity and have not undergone any significant reform since the armed conflict. A full-fledged vetting process should be designed to remove from office security forces personnel and public officials suspected of involvement in human rights violations.” – See more at: here”
In the circumstances, the Rule of Law Committee will directly communicate with the National Police Commission and the Inspector General of Police with copies to all relevant persons urging them to remedy this situation.
09 November 2015.
