By Ranjith Padmasiri  Police Chief Chandana Wickramaratne has issued a circular, giving guidelines for police to avoid so-called “encounter deaths” of suspects while in police custody. Among the new guidelines is a requirement that a police officer be assigned to video record any instance where a suspect in custody is taken out of a police [...]

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In response to SC order, Police Chief issues guidelines to prevent encounter deaths

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By Ranjith Padmasiri 

Police Chief Chandana Wickramaratne has issued a circular, giving guidelines for police to avoid so-called “encounter deaths” of suspects while in police custody.

Among the new guidelines is a requirement that a police officer be assigned to video record any instance where a suspect in custody is taken out of a police station for investigation.

The IGP’s circular has noted that such video recordings can also be used as evidence against the suspects in court and will also help to ensure transparency regarding police investigations.

The duty of the police is to conduct a successful investigation to prove that a suspect committed the crime he or she is accused of. Aside from a few exceptional instances, confessions given by suspects are of no value in a court of law, the Inspector General has further pointed out. As such, he has stressed on officers directing far more focus on obtaining circumstantial and expert evidence.

As part of the new guidelines, unless it is of vital importance, no suspect should be taken out of a police station for further investigations.

Even if a suspect is taken to another location, he must be accompanied by a sufficient number of police officers to ensure safety.

Officers have also been ordered to let suspects meet with their closest relatives and members of the Human Rights Commission while in custody. If a suspect wishes to meet with a lawyer, police must allow the lawyer to look into the security of their client in a manner that does not hinder the ongoing investigation.

Police are further required to display a notice explaining the rights entitled to suspects in custody within the prison cell or nearby in clear view of the suspects.

Special security measures must be undertaken when suspected underworld criminals are taken into custody. An officer must check on the suspect every half hour and make a note in the station log book. Whenever such a suspect is taken from the police station, the Officer in Charge (OIC) must inform the District’s Assistant Superintendent of Police (ASP).

Police can still take maximum efforts to prevent a suspect from escaping. A suspect must be placed in a secure location or vehicle so that there will be no opportunity for him to seize a weapon belonging to a police officer, the guidelines have stressed.

The guidelines have been issued in response to a Supreme Court (SC) order directing the IGP to produce guidelines to prevent “encounter deaths.” A three-judge bench of the SC recently gave the order as part of a judgment it delivered regarding a Fundamental Rights petition filed by a widow of a suspect who was shot dead while in police custody.

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