Police have done better in H’tota

By Rathindra Kuruwita and Umesh Moramudali-2016-09-19

The need to reform Sri Lankan Police once again came to the fore after the recent controversy in Hambantota when it was found that policemen changed the report to suit their agenda. Speaking to Ceylon Today, a member of the Committee on Police Reforms Rajith Keerthi Tennakoon said the status of Police reforms is long overdue.

? Another controversy surrounding the Police took place earlier this month when it was alleged that a 20-year-old youth had disappeared while in custody of Hambantota Police. While many speculated that he might have been tortured and killed by the Police, he had actually escaped from custody and later surrendered. However, four officers were suspended for not following the proper procedure. For almost a year there has been a discussion on Police reforms, of which you are a part of, but does this incident mean that nothing has changed?

A: There have been constant allegations against the Police, especially during the Mahinda Rajapaksa administration, and it is one of the reasons why Police reforms were initiated. Sri Lankan Police has an organizational culture, which I think most of us agree needs to change, but this culture was formed as a response to external and internal factors. The factors are complex and interwoven. Because of this complexity it will take time for Police reforms to make a complete turnaround.

A Police Commission has been appointed and initially they addressed internal issues faced by policemen. They have looked into and are still working on promotions, salaries, and issues faced by female Police officers. In recent months they have also looked at issues which have arisen due to interactions, often negative, between the Police and the public.

When the incident in Hambantota was reported, the Police Commission as well as the IGP deployed special teams. Unlike what transpired in Embilipitiya, those involved in the matter were punished swiftly. While the policemen have neither tortured nor killed the youth, as some speculated, it has been found that the policemen at Hambantota Station had altered their records to hide facts about the arrest or to cover up their mistakes. This is a dangerous revelation because it shows that altering facts to suit the wishes of policemen are common. While the response of the Police hierarchy in handling the issue has seen an improvement from how they handled the Embilipitiya incident, we still have a long way to go.

? You spoke of the complex and interwoven factors which have created the current organizational culture of the Police. Can you elaborate?

A: Let me first talk about why reforming the Police is important. Why must we reform the Police? Not only because the people have been complaining about the Police but also because a professional Police service is essential to ensure that law and order prevails in the country. We need a professional Police service to investigate financial crimes, and to ensure the prevention of crimes. A professional Police service is necessary to enforce environmental laws, so that people will not act to natural disasters.

A vast area is covered by the Police and if they can't adapt to the changing external environment, the country will be heading for disaster.

An independent Police Commission was established by the 19th Amendment and it has a significant role to play in the reform process. It has taken important steps to reform the Police but the commission alone is not enough to change the organizational culture of the Police. If you take a look at the Police Ordinance you will see that it has been prepared to address pressing issues 150 years ago and is completely outdated. The Police Ordinance was passed to protect the property and the rights of the privileged colonizers; it's not about protecting the average citizen. It has to be changed.

Our policemen are not trained or provided with the latest technology to help their investigations. For example, Police hardly use CCTV technology for traffic offences. It has been found that automating traffic enforcement technology regarding traffic offences is the best way to minimize taking bribes by policemen. There will be an initial investment cost to establish such a system, but in the long run it would mean that the government does not need to assign a significant number of policemen for traffic duty. Those who are currently deployed as traffic policemen can be used for other areas that need attention, be it community policing or investigating financial crimes. If you look at the world, many governments have turned to automated enforcement to control speed and reduce red light violations without diverting law enforcement resources from other areas.

One of the main reasons why the Police use torture is that they have not been trained or equipped with the tools necessary to elicit information from suspects without the use of force. We must remember that most of the time Police are under tremendous pressure to show quick results regarding cases and torture is used to achieve this end.

? You spoke of the great pressure exerted on the Police to show quick results. This is especially true regarding cases highlighted by the media. For example, during the murder of Seya Sadewmini at Kotadeniyawa, there was a massive media coverage on the issue and the Police were continuously criticized for not making a breakthrough quickly enough, which compelled them to arrest a number of suspects, torture them and elicit false confessions. How can we address this issue?

A: Most people don't look at the big picture. You will often find that the same people who criticize the Police when instances of torture are shown in the media also tend to be vocal when quick results are not shown. We have a Police that lack resources and do not have access to the latest technology and when they are pressed to show quick results often they try to find short cuts to solve cases. This is really dangerous.

Journalists and the public should be made aware of the realities faced by the Police force. And the Police need to be honest and transparent. If there are delays in making a breakthrough, all parties need a change in attitudes.

? You have said in the past that policemen are the unhappiest employees in Sri Lanka. Can you elaborate?

A: If you ask any policeman he will tell you that there are issues from their uniforms to their working hours. For example, any other government servant works eight hours a day but a policeman often has to work for 12 hours.

Most of the policemen have been tutored during the era of suppressive, draconian legislations. Prevention of Terrorism Act (PTA) has been operational since 1979 and in the last three and a half decades we have seen policemen abusing this draconian law to the extreme. Remember that sick joke of "Ayuda pennanna aran yanawa" (taking a suspect to detect a hidden cache of weapons)? The Police method of criminal justice for many years was summary execution. What did they do during protests? They use tear gas, water cannons and brutally assault the protesters. They do this even when the government does not order them to do so.

On the other hand, policemen are not promoted not on their merit but service. Although there are thousands of policemen they have not been promoted even after completing the necessary number of years in service. It is a mess and everyone is unhappy because they feel that there is no career progression.

? You have also been involved with the Bribery Commission, which seems to be taking a series of high profile actions in recent weeks. Do you think that after a long wait, Sri Lankan anti-corruption agencies are getting into gear?

A: It's very heartening to see a number of cases being filed against high profile persons. It's good to see that investigations have been expedited. However, we also need to work on introducing new legislations against corruption in line with globally accepted standards. This is the first challenge.

While the commission and the FCID are filing cases it seems that these cases are hardly processed beyond the Attorney General's Department. There are continuous delays from the Department and we also need to fasten the pace of hearing these cases. A special Court should be established to hear such cases.

? What is the problem with the Attorney General's Department? Civil Society organizations earlier blamed the Attorney General for delaying action against corruption but it seems that nothing has changed with the new Attorney General?

A: The problem is two-fold. One is that the department has limited resources. There is a lack of resources and there is a shortage of staff. The other is the organizational culture of the Attorney General's Department. They are well known for delaying cases and not to taking action to prosecute offenders. Those are the stumbling blocks.

? The other issue is the delaying of Local Government elections. It seems that the review committee on the 2012 Delimitation Report is taking an unusually longer time and delaying the holding of elections. The delay has caused a lot of problems. Today a citizen cannot get any service from a local council without offering a bribe. Under what law has the government appointed commissioners and special 

commissioners? It is said that we now have a Yahapalana Government and there is transparency. But the way it has acted, over local councils is a blatant violation of the law. It's the tax payer of the country who suffers. The President and Prime Minister do not seem to understand that people are critical of the government because nothing is happening at village level. Today MPs have to look into the garbage problem because local councils are not functioning. When a road is dilapidated, it was the local council that fixed it. Former local councillors now change the light bulbs themselves. The special commissioners only work from 8 a.m. to 4 p.m.

A: Earlier, people got these thing done, regardless of party politics, from the local councillor of their village. Now 300 local councils are governed by special commissioners. This is illegal. Elections are not held because a few ministers are afraid of losing votes. They give numerous excuses. Now they talk about technical issues. If the Ministry of Local Government could not settle technical issues in nine months, the government should change the system. Now chief ministers dish out their funds via selected former local councillors. Today the local councils have become a den of thieves. The President and Prime Minister must put an end to this.