Police, public officials must act “within the law” during upcoming polls -HRC

Public officials and the Police have been directed by the Human Rights Commission of Sri Lanka (HRC) to ensure that the upcoming February 10 local council elections are conducted “fairly and freely” and to enforce the law “impartially and fairly”.
The direction came in two statements issued by HRC Chairperson Dr. Deepika Udagama pertaining to the pre-election and election-day role of all public officers. The first directive, dealing with public officials, has been sent to the Secretaries to the President and the Prime Minister, and all other Ministries and Chief Secretaries to Provincial Councils.
“lf public officers vested with legal responsibility misuse such powers and act beyond legal boundaries, or fail to perform duties which they are duty bound to perform or delay the performance of their duties without justifiable reason, such action results in a violation of fundamental rights. Accordingly, when public officers violate fundamental rights the Human Rights Commission of Sri Lanka is vested with powers in terms of the Human Rights Commission of Sri Lanka Act, No.21- of 1996 to take action against such officers,” she said.
In separate guidelines issued to police officers, the HRC chairperson has drawn attention to the Constitutional right of every citizen to vote, to freely engage in political activities and the right to free and fair elections under international human rights norms.
The guidelines state that complaints regarding pre-election, election- day and post-election violence must be accepted and investigated as "all persons are equal before the law and are entitled to the equal protection of the law". The police will be held liable for violation of fundamental rights in regard to inaction or omission relating to entertaining such complaints.
It reiterated that all political parties and groups shall be treated equally. 
Police shall strictly enforce the law with regard to persons who violate the right of others to vote, provide adequate security to polling centres and other related places and make every effort to facilitate the conduct of a free and fair election in accordance with the law of the land.
“Police shall not participate in the instigation of any type of violence against persons or property, including subjecting persons to torture, cruel, inhuman and degrading treatment or punishment, on their own initiative or at the behest of any other party,” the guidelines noted. – ENDS -