Rule of law in combating gang violence

Monday, 24 February 2025 02:53 - - {{hitsCtrl.values.hits}}

In recent days, Sri Lanka has been rocked by a spate of gang-related killings. Among the most brazen acts was the murder of Sanjeewa Kumara Samararatne, also known as ‘Ganemulla Sanjeewa,’ inside the very precincts of a Colombo court complex, a symbol of the rule of law. Equally disturbing was the killing of Aruna Vidanagamage, alias ‘Kajja,’ and his two children in Middeniya, a tragic incident that underscores the chilling reach of criminal organisations operating across the island.

While the police have been quick to arrest suspects in both cases, disturbing reports of deaths in custody and the increasing use of draconian anti-terrorism laws to tackle these gang-related crimes have raised significant concerns about the application of justice in Sri Lanka.

The two assailants arrested following another gang-related shooting in Kotahena, were shot dead by police officers when they allegedly tried to grab a gun and escape while being taken to ‘recover hidden weapons.’ This story of individuals in police custody being killed while going to ‘show hidden weapons’ is as old as time in Sri Lanka with numerous individuals being extra-judiciary killed with the same excuse. It is an appalling state of affairs that the same story is used to cover up nothing short of murder by the police and that there has been zero accountability for such blatant crimes by the State. Even more disturbing is the societal acceptance of such State crimes.

Whoever the suspect may be and whatever the crime they may be accused of once a person is in the custody of the State it is the responsibility of the State to protect that person. While the killing of Ganemulla Sanjeewa while in custody may be an act of negligence and omission in the part of the State, the cold-blooded killings of suspects who are in custody using the same lame excuse of ‘showing weapons’ is a heinous act of State violence for everyone concerned all the way up to the inspector general of police and above have to be held accountable.

One of the core principles that must guide Sri Lanka in this battle is the preservation of due process and human rights. The State’s response to gang violence must be rooted in law, ensuring that justice is dispensed fairly and transparently. While gang leaders and criminals must certainly be brought to justice, it is crucial that this process does not result in the erosion of fundamental freedoms or the abuse of State power.

Moreover, the use of anti-terrorism laws, i.e. the draconian Prevention of Terrorism Act to address gang violence is equally alarming. Gang violence, while a serious issue, is a law enforcement problem and should be treated as such. The law must not only serve the State’s interests but must also safeguard the rights and freedoms of the people.

The judiciary, too, has a critical role to play in ensuring that the response to gang violence remains rooted in the principles of fairness and justice. The judiciary must hold law enforcement accountable and resist any attempt to bypass legal processes in favour of expedient measures.

The importance of adhering to the rule of law in the fight against gang violence cannot be overstated. While swift and effective responses to crime are necessary, they must not come at the cost of human rights or the detriment to the very rule of law that needs to be safeguarded.

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