The lost art of police investigations

Dinesh Shafter was brutally killed on 16 December and to date not a single individual has been arrested for the crime, despite the media being fed titbits on the progress of the investigation. The Criminal Investigations Department (CID), the most experienced and dedicated institution of the State to deal with criminal investigations has taken over this high-profile killing. Less attention has been given to the spate of killings reported in recent days and weeks.

Despite the involvement of the CID and according to over 70 persons being interrogated as part of the investigations, there is not much progress with identifying the killers or the motive for this crime. It is also reflective of the deterioration of the capabilities of the CID which is a result of the intentional and targeted attacks on this institution.

When criminal elements are in governance it is but natural they would wish to destroy the very institutions that would investigate and prosecute criminal activities. The best case in point is the dismantling of the Financial Crimes Investigations Division (FCID) of the Police which was established with the specific objective of investigating high profile financial crimes which often involve political players. The FCID was vilified by the then Joint Opposition and once the current political disposition came into power the institution was completely abolished. Many who were under investigation by the FCID are now reigning in their high political offices with immunity and utmost confidence.

Similarly, the CID was completely decimated by the Gotabaya Rajapaksa administration. Senior Superintendent of Police (SSP) Shani Abeysekera, Sri Lanka’s most renowned and respected sleuth, was incarcerated for over 11 months on trumped up charges. Other CID officers who were involved in investigating crimes committed by Gotabaya Rajapaksa were also arrested. Inspector of Police (IP) Nishantha Silva who led some of the most emblematic investigations, including the killing of editor Lasantha Wickremetunge, the abductions and assaults abductions of journalists, and the killing of 11 civilians by a team of navy personnel, was forced to flee the country and seek asylum in Europe. Over 700 personnel attached to the CID were immediately transferred and the leadership of the CID was replaced by political lackeys. In this reality it is obvious that the CID has lost some of the best investigators due to political interference.

The lack of investment in training, equipment and personnel have deteriorated the competence of the whole police in carrying out effective investigations. This has affected every sphere of police activity from investigations into petty crime to high profile crimes.

In addition, the excessive use of the Prevention of Terrorism Act which allows for long-term detention without proper judicial oversight have nullified the need for expeditious and thorough investigations that are expected from the police that would otherwise be obliged by law to prove to a court the necessity to detain an individual for prolonged periods of time. As witnessed in the case concerning lawyer Hejaaz Hizbullah and many others, the Police weaponised the PTA and detained individuals for months without coming up with any charges pertaining to terrorism.

In what can only be the mother of all ironies, today the minister in charge of the Police is himself implicated in numerous crimes, including high treason of facilitating a presidential election boycott through the LTTE, a proscribed terrorist organisation.

As the country faces a spate of violence, the Sri Lankan Police continue to fail and fail miserably in their basic tasks. Expecting efficiency from broken and intentionally destroyed institutions is an unrealistic expectation.