Police slammed over Club Wasantha murder suspect’s ‘confession’ footage  

•  Human rights activists points out video of suspect was recorded and shared in violation of instructions issued by former IGP C.D. Wickramaratne in 2021 on handling of suspects
• Former HRCSL Commissioner Ambika Satkunanathan highlights publicizing interrogations can violate a person’s right to a fair trial and undermine the presumption of innocence
• Says releasing videos of interrogations is unprofessional and can undermine integrity of the investigation  
• Former BASL Chief Saliya Peiris PC says footage is “absolute stupidity” on part of the police
• Urges for disciplinary action to be taken against police officers involved in the stunt

The decision by the Sri Lanka Police to disseminate footage showing Dulan Sanjula, one of the suspects arrested in connection to the murder of Sunhill Group of Companies Chairperson Surendra Wasantha Perera, better known as “Club Wasantha” being interrogated has come under severe criticism from various quarters. 

Human rights activists also pointed out that the video was recorded and shared in violation of instructions issued by the Inspector General of Police in 2021 after the HRCSL received several complaints about similar actions by the police in handling suspects.

In the video that went viral on social media and other platforms yesterday, a group of police officers, including DIG Western Province (South) Division G. Marapana, were seen interrogating Sanjula, who provided key information on the conspiracy to murder Club Wasantha including its masterminds and funding received. 

Speaking to Daily FT, Former Commissioner of the Human Rights Commission of Sri Lanka (HRCSL) Ambika Satkunanathan said publicising interrogations in this manner can violate the person’s right to a fair trial and undermine the presumption of innocence.

She said releasing videos of interrogations is unprofessional and can undermine the integrity of the investigation and even place the life of the person being interrogated in danger.

“It also has the potential to undermine the trial. Persons being interrogated can make false statements and implicate third persons who upon further investigation may turn out to be innocent. By releasing videos of interrogations you can place the lives of these third persons at risk and it can amount to defamation as well,” she noted. 

According to her, the video prompts several questions. “Why was only this interrogation released? Why was the interrogation cut off midway? What is the police’s motive behind releasing this video? It seems more like a theatrical display than a professional inquiry,” she said.

Also commenting on the video, Former Bar Association of Sri Lanka (BASL) President Saliya Peiris PC said the footage is absolute stupidity on the part of the police. 

“A criminal investigation must be done in a professional manner with the aim of bringing an offender to justice not with the aim of gaining cheap publicity. This sort of live ‘confession’ being shared on mainstream and social media, will adversely affect the final outcome of the case,” he said. 

The former BASL Chief urged for disciplinary action to be taken against the police officers involved in the stunt. 

In 2021, the HRCSL addressed a letter to the then IGP C.D. Wickramaratne, highlighting Police Departmental Order D 05. The HRCSL emphasised that publishing information about suspects in custody through the media could lead to administrative issues and violate the rights of suspects.

Consequently, the HRCSL instructed the IGP to submit a report outlining steps to prevent such incidents in the future.

In response, Wickramaratne directed all senior police officers to refrain from releasing images, videos, and other investigation details including questioning and statements from suspects to social media platforms and other outlets.

Accordingly, on 14 February 2022, through RTM 382, Wickramaratne issued directives to all senior police officers, noting complaints received by the HRCSL regarding the police’s publication of images and video footage of suspects in custody.

He emphasised that Article 13 (5) of the Constitution protects the rights of suspects in custody, stating that every person must be presumed innocent until proven guilty. Therefore, publishing images and other information could infringe upon the fundamental rights of suspects and potentially harm the case.

Wickramaratne also underscored previous instructions issued to police officers through IGP circulars and directives on how to disseminate information to the media regarding investigations and arrests. He reiterated that such content should not be published on social media without permission, and strict action would be taken against any officers violating these orders.