BASL expresses concern about rise of custodial deaths and crime

Thursday, 15 June 2023 01:21 - - {{hitsCtrl.values.hits}}

Says custodial deaths are one of the worst crimes in a civilised society
Recalls instructions of SC to Police to prevent future encounter deaths
Notes that however custodial deaths and crimes are increasing at alarming rate
Asks rulers to impose strict laws and punishment on errant police officers

The Bar Association of Sri Lanka (BASL) yesterday issued a statement expressing its concern regarding the recent rise of custodial deaths and crime in the country.

“One of the worst crimes in a civilised society under the Rule of Law is custodial deaths. Our legal system provides for investigation, inquiry, trial and punishment by proper authorities which is the base of democracy and the Rule of Law, and, the credibility and transparency of such process, must be diligently and fiercely preserved,” it said.

The association also highlighted that under Article 13 (4) of the Constitution, no person shall be punished with death or imprisonment except by order of a competent court.

“Hence, even a convicted criminal has a right to his life. Our Superior Courts repeatedly held that the extra-judicial killing of a suspect in police custody violated the right to life, despite the absence of an explicit right to life in the Constitution of Sri Lanka,” it added.

The BASL also recalled that on 3 February the Supreme Court in view of repeated violations of the fundamental rights of persons in custody causing death directed the Inspector General of Police to formulate, issue and implement guidelines to the Police, elaborating on the steps that should be taken by each officer to avoid ‘encounter deaths’ in the future.

“In spite of such directions given by the Supreme Court, the BASL observes that custodial deaths and torture continue at an alarming rate. The BASL insists that the duty of the State is not only to safeguard the rights of citizens but also to compensate the victims and punish the violators of the law,” the BASL said.

“Thus, we are of the view that the Government together with other stakeholders should impose stricter laws and punishments on errant police officers for misuse of their power and not fulfilling their duties, and draft enforceable guidelines, to prevent the recurrence of custodial deaths. Further, law enforcement authorities should take immediate steps to prevent criminal activity in order to protect our citizens,” the association added.

Discover Kapruka, the leading online shopping platform in Sri Lanka, where you can conveniently send Gifts and Flowers to your loved ones for any event including Valentine ’s Day. Explore a wide range of popular Shopping Categories on Kapruka, including Toys, Groceries, Electronics, Birthday Cakes, Fruits, Chocolates, Flower Bouquets, Clothing, Watches, Lingerie, Gift Sets and Jewellery. Also if you’re interested in selling with Kapruka, Partner Central by Kapruka is the best solution to start with. Moreover, through Kapruka Global Shop, you can also enjoy the convenience of purchasing products from renowned platforms like Amazon and eBay and have them delivered to Sri Lanka.