Police brutality
- why a civil society icon needs to be tortured
Anton Michael
a human rights activist has been manhandled by prison guards and
left for dead last week, after the guards administered last rites
to him. In so called civil society groups in Sri Lanka, Michael's
story looks to be another one headed right into the dustbin of history.
Civil society has more pressing issues on its plate, such as peace
'ceasefire', Freedom of Information Act, 'transparency' 'media credibility'
etc., etc.,
But in fact,
Michael's story is the last and perhaps the most surreally frightening
in a long list of police brutality cases in Sri Lanka in the recent
past. I am not going to cite chapter and verse -- that is a waste
of time, and is best left to writers of papers which seek in the
main to qualify for aid grants from foreign funders.
But it is easy
to recap. There was the case of singer Caldera's son, who was shot
by policemen when he went into a police station close to Negombo
to make an entry against the thug who intimidated him on the road
in an overtaking incident. It is correct that the Supreme Court
awarded damages to the victim to be paid by the police officers
concerned, but that does not alter the fact that the victim is unable
to lead a normal life and has to urinate with the aid of catheter
and is more or less paralysed for the rest of his life.
Then there
was the case of the rape of two Tamil women at a checkpoint in Colombo.
Again, the Supreme Court recognised rape as a form of cruel inhuman
and degrading treatment, and it was treated as a somewhat landmark
judgment, which is in itself curious as any self respecting Supreme
Court anywhere in the world would have awarded damages to the victims
in this open and shut case.
There was then
the case of mistaken identity of a man in Hendala, who had been
arrested at a bus stand because 'he looked like the suspect in a
fraud case.'' He was severely beaten until the police realised the
mistake, and was released subsequently. The last I knew of the case,
the man had been hospitalised with critical injuries.
Then there
was the case in Kandy of a man (a teacher if memory serves me right)
who got into the car of a doctor by mistake at the Kandy Hospital,
was 'apprehended' by passers-by, arrested by the police and assaulted,
resulting in his death. There are other cases in the recent past
which are too numerous to mention. A particularly poignant one was
the case of the boy who was tortured, hung on a rafter by his feet,
and assaulted, because of some goings-on in his vicinity. It turned
out the boy was totally innocent.
Obviously,
there is serial police assault that's in evidence within our system,
but society isn't shocked or even mildly ruffled. Any innocent person
can be subject to this kind of assault and brutality, but the civil
society response has been to be sporadically concerned, on a case
by case basis. This has been the political response too. For instance,
it is said that the Prime Minister and the police chief have ordered
probes into the latest case -- that of Anton Michael.
The saddest
upshot of it all is that it is apparent that society is totally
desensitized to the issue. But, what is also sad is that the civil
society and political response has been to 'manage' the problem
on an ad hoc basis. The fact that police brutality is a persistent
malaise in Sri Lanka has not really bothered anyone who can make
a difference. But, obviously the ad hoc approach of appointing special
probe teams on a case by case basis has not helped. Neither have
the existing laws, the fundamental rights legislation etc, helped,
even though in certain instances the culprits have been brought
to justice.
But police
brutality remains, and is on the increase. If that is the case there
has to be a special response. So called 'civil society' and the
political leadership should focus on the issue, and deliver a special
response. There needs to be special legislation and extraordinary
legislation to tackle the issue -- but at least a beginning can
be made by identifying the problem in the first place.
But the articulate
prefer to natter on about issues that are far 'sexier' by the standards
of the civil society conspiracy. What conspiracy? It is as if civil
society has conspired to keep certain issues in the front burner
-- issues that are imbued with far more non-governmental 'sex-appeal''
ie; issues that bring in the bucks, issues that are talked about
in seminar rooms from Switzerland to Honolulu and then from Shanghai
to Auckland.
It is a safe
bet one can take that there is no civil society lobby group or non
governmental watchdog which has so far organised or intends to organise
so much as a seminar on police brutality. Not that seminars achieve
much, but at least they could put the issue in the crosshairs of
the decision makers, and create simple awareness.
At the risk
of sounding didactic, perhaps it would be relevant to cite a quote
from Mahathma Gandhi here. Gandhi said 'a society can be judged
by the way it treats its animals.'' What of a society that treats
its own members worse than animals on a continuous basis?
Police brutality
places all persons - and as the above cases show -- often totally
innocent persons at risk of death torture assault and intimidation.
Not that a person who is guilty should be brutalised! But, the plain
truth is that all and sundry are at risk -- but the social response
has been one of total indifference.
Simple solutions
such as 'the police should be educated' or 'the IGP should hold
himself responsible ' would not work. In fact the IGP should resign
for a case of police brutality as straightforward as Michael's.
But such things won't happen and won't help in this country. Carefully
thought out special legislation is necessary to eliminate police
brutality from society, and the think-tanks should begin to work
on legislation that is appropriate with a view to creating pressure
groups that would sensitize the legislators. What shape and form
this extraordinary legislation would take, nobody could wager. But
that's the point. Even if Sri Lanka has to evolve fresh ideas on
how to legislate against police brutality, it needs to be done.
But our society has more important issues to flog - more important
godheads to worship at. Perhaps another Richard Soysa (or a plump
NGO head) needs to be tortured by the police for Sri Lanka to wake
up to the continuous horrors of police brutality.
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