Columns

It is axiomatic that the ends can never justify the means in any course of action however laudable the objective may be. The current operation launched by the Police against the narcotic trade is undoubtedly a course of action that the public would unhesitatingly applaud.

However the events that have unfolded during the past few weeks of the Police campaign cannot be endorsed by any stretch of imagination. Increasingly reports of the Police acting beyond the bounds of the law have emerged. This has attracted the attention of human rights activists as well as human rights organisations and bodies who have expressed concern over the failure of the Police to act within the law. 

Other issues also have surfaced over the weeks within which the operation has been implemented. According to a Sunday Times report of December 24, 2023 as at that date 12,247 raids had been conducted in which 12,132 suspects had been arrested. Clearly for the Police to have acted so swiftly and conducted such a large number of raids within one week of launching the Operation, they would have already had sufficient information to conduct the raids. This information could not have surfaced from the investigations that were launched after the Operation began on December 17, 2024.The obvious question is as to why no action had been taken earlier despite these hotspots which were raided being known to the Police.

The majority of the suspects arrested were those from the poor and marginalized sections of society who were probably addicts who had been consuming drugs for years. There are reports of Police brutality and violence against these suspects adding to their misery. Raids have been conducted before television cameras causing great embarrassment to individuals and families.

Strangely there have been no reports of raids at night clubs which are considered to be hotbeds of drug abuse. It cannot be that the Police are unaware of such activities.

Allegations of Police intruding into homes without search warrants are also being highlighted by human rights activists. Adding to these concerns are the reports of individual indiscretions which are clearly in violation of rights of persons.

The incident at Kollupitiya junction where a young couple were humiliated at a check point is one such incident. The treatment meted out to a driver named Sampath who was driving a vehicle belonging to a Major General hired by a professional which was reported in the Sunday Times of December 24, 2023 highlights the dangers faced by law abiding citizens due to the unbridled nature of the Operation. These types of excesses receive public attention only because they hail from the higher echelons of society while the stories of the poor and marginalized who face the brutality of Police action naturally do not get highlighted.

There are other incidents too which raise questions whether the Operation is used at times for collateral purposes. A case in point is the shoot out in front of the Hotel in Weligama which resulted in the death of a Police Officer. Another instance is the rather strange case of the demolition of the Soul Beach Hotel in Dehiwela. While the owners of the Hotel insisted that they had obtained all the necessary authorisations to build and operate the Hotel the Police carried on regardless in bringing the hotel to the ground. The incident is now being canvassed through a Fundamental Rights Application in the Supreme Courts.

Confusion reigns in the public mind with the Police not presenting adequate information with regard to such incidents and as to what action has been taken by the authorities.

Many of the concerns and human rights related issues surrounding the anti narcotic operations that are in progress have been raised by many and are worthy of consideration and action by the authorities. Adding to the concerns relating to the manner in which the Operation is being conducted is the role of the acting Inspector General of Police Deshabandu Tennakoon.

A grouping of Civil Society Organisations including several womens organisations have written to President Ranil Wickremesinghe drawing his attention to the Supreme Court judgment on 14th December 2023 holding Deshabandu Tennakoon responsible along with subordinate police officers for torture. They have pointed out that Human rights violations of this magnitude must disqualify a person from holding public office and urged the President to ensure Deshabandu Tennekoon is removed from holding any further responsibilities as Acting IGP until disciplinary action is taken by the Police Commission. The Civil Society Organisations have pointed out that the damage caused to institutional credibility by failing to do so increases public frustration, and a loss of faith and legitimacy in the system of governance.

The Lawyers’ Collective too has called on President Ranil Wickremesinghe to immediately terminate the appointment of Deshabandu Tennakoon as the Acting Inspector General of Police (IGP) in view of the recent Supreme Court judgment on the violation of fundamental rights. It also expresses concern about the lack of immediate action against Tennakoon and calls for upholding democratic principles and the rule of law.

The Human Rights Commission too has expressed its concern with respect to the ‘Yukthiya’ Operation implemented by Sri Lanka Police and the Ministry of Public Security. The HRCSL states that it has received a number of complaints concerning torture, cruel, inhuman or degrading treatment, and arbitrary arrests and detention associated with the ‘Yukithiya’ Operation. The operation has become associated with reports of widespread injustice, making its very title ‘Yukthiya’ (the Sinhala term for ‘justice’) a misnomer. The Commission reiterates that every person in Sri Lanka has a fundamental right to be free from torture, or cruel, inhuman, or degrading treatment or punishment under Article 11 of the Sri Lankan Constitution. Police officers responsible for investigating crimes and apprehending suspects must, at all times, respect this right, which requires that suspects be treated with dignity. The Commission has stated that it is disturbed to learn of reports of cruel, inhuman, or degrading treatment of persons, including young persons, during search operations conducted by the police and would be inquiring into such reports.

Even the US Ambassador to Sri Lanka, Julie J. Chung, in a statement emphasized the importance of combating drug trafficking while stressing that law enforcement operations must adhere to the principles of the rule of law and due process.

The National Police Commission too has taken serious note of the allegations made and has issued a set of guidelines to Acting Inspector General of Police (IGP) Deshabandu Thennakoon regarding the ongoing nationwide “Yukthiya” Operation.

The guidelines aim to address public apprehensions and ensure that the operation, designed to combat the escalating drug menace and organized crime, adheres to legal and human rights standards.

The Commission said it has extensively studied the complaints forwarded to them, leading to the formulation of specific guidelines aimed at maintaining transparency, upholding human rights and preventing any potential abuse of power.

The Commission has instructed the Acting IGP to ensure that all activities related to the “Yukthiya” Operation are carried out within the existing legal framework of the country. The Commission emphasized the need to conduct operations strictly in accordance with the law.

The National Police Commission has also warned that strict disciplinary action will be taken against any officers found to have acted against the law. (javidyusuf@gmail.com)