Police woes and loss of credibility in the service

The Sri Lanka Police is in the news once again and for all the wrong reasons. Within the course of the week, the Supreme Court ruled in two Fundamental Rights (lFR) cases involving the Police and, in both cases, the top brass of the Police has been found guilty of wrongdoing.

In one case the Supreme Court ordered Acting IGP Deshabandu Tennakoon and three other police officers to pay compensation of Rs. 2 million out of personal funds to an individual for violating his fundamental rights, while being detained at the Mirihana Police Station.

The Court found that the four policemen involved had violated the fundamental rights of petitioner W. Ranjith Sumangala subjecting him to illegal arrest, detention and torture at the Mirihana Police Station, during which period Deshabandu Tennakoon served as Superintendent of Police, Nugegoda Division.  

In the other case the Supreme Court held that the former Inspector General of Police had violated the Fundamental Rights of the former OIC of Thelikada Police station in the Galle District by “unreasonably transferring him to the Tangalle Police Division” at the behest of persons involved in alleged illegal activities in the area.

The SC rulings are damning and only confirms what the public of this country know about the conduct of Sri Lanka Police. Torture of detainees is routine and killing of suspects while in custody has become a common occurrence. Amidst this the few police officers who attempt to do their job according to the law are marginalised and victimised.

Take of the case of torture of suspects in Police custody. It’s a continuing problem for decades and the Police Department has failed to address it in any way. In an FR case involving a death in police custody heard in 2008, a judge of the Supreme Court wrote in his judgement, “…Sri Lanka Police established in 1806, has a history of over two centuries and one would expect it to develop into a body that comprises of professional law enforcement personnel. I am at a loss to understand, in the present day and time as to why such an established law enforcement entity is incapable of affording due protection to a citizen who is in their custody.”

The Court then directed the Inspector General of Police to formulate, issue and implement guidelines to the police elaborating as to how the standards may be improved. As is the usual case, such rulings are followed up by a circular being issued to all police stations reminding the personnel of Sri Lanka’s international obligations and the provisions of the United Nations Convention against Torture and Other Cruel, Inhuman or Degrading Treatment Act No. 22 of 1994, by which they are bound to safeguard the rights of suspects taken into custody.

Unfortunately for the victims of police torture and custodial deaths, such circulars have in no way stopped them being subject to the cruellest forms of torture which in some cases, result in deaths, because they are largely ignored by those in the service.

Acting IGP Tennakoon is waiting in the wings to be the country’s next IGP, but after the recent SC ruling, having him at the helm of the Department will do little to deter those in the police service from carrying on with unlawful actions. The behaviour of those who serve in the lower rungs of any Department will be influenced by the actions of those at the top and hence Tennakoon, whose name is mired in controversy for his involvement in various cases will do little to improve the image of the Police Department in the eye of the public.

The Police Department needs a man with credibility at the helm, something it has lacked for a long time. Most have been busy doing the bidding of their political masters to do anything to stop the deterioration of standards and the loss of public faith in the Police. Not only has the Police Department fallen in the eyes of the public, its own personnel no longer wear the uniform with pride. A credible man at the helm can certainly make a positive impact and a much needed change for the better.