IGP urged to prevent custodial deaths and arbitrary detention of detainees

A group of civil society activists and organizations wrote to the Inspector General of Police (IGP) expressing grave concerns regarding the actions of the police during the pandemic in Sri Lanka and urged him to prevent custodial deaths and arbitrary detention of detainees.

Stressing that this is a time of great stress and uncertainty and that the police and other government authorities require the cooperation of the public to ensure that the coronavirus does not spread, the civil society groups noted that even during emergencies, and even when citizens break the law, their fundamental rights should not be violated.

“These fundamental rights include the absolute protection from torture, cruel, inhuman and degrading punishment, the freedom of thought and conscience,” a collective statement issued by the groups said.
At least twenty civil society organizations from across the island joined are signatories on a collective letter sent to IGP.

Anuradhapura Citizen's Committee, Center for Policy Alternative, Centre for Human Rights and Development, Dabindu Collective, Human Rights Office Kandy, Human Rights First Aid Centre Hambanthota, Human Rights Shelter, Human Rights First Aid Centre Galle, INFORM Documentation Center and Law and Society Trust are among the signatories.

The organizations also noted reports of several incidents of custodial violations, such as arbitrary arrest and detention, custodial deaths and shoot-outs with suspects that have resulted in deaths. Particularly during a pandemic, when the rights of citizens are restricted due to health reasons such incidents can cause public anxiety and unrest. While being mindful of the stress under which police officers are placed, that can never be justification for the violation of constitutionally protected rights of citizens.

Due to the lack of clarity of government regulations and decrees, the public when attempting to fulfil their basic needs, such as buy provisions, are being subjected to ill treatment by the police, as evidenced by video footage. “While the police should take action against those that violate the law, this should not be arbitrary nor dependent on the identity or social status of the person, but should be fair and equitable. Further, with due regard to the pandemic, police action should not worsen the already dire economic conditions being experienced by many people. For instance, quarantine measures should not be used as a form of incarceration and punishment but only to achieve the specific objective of preventing the spread of infectious diseases.”

The police press release dated June 8, 2021 is also cause for grave concern as it has the potential to be used to stifle dissent and freedom of expression in the guise of stopping the spread of fake news, the statement said.
“It refers to provisions of the law that contain ill-defined provisions, on the basis of which persons can be arrested and detained without bail. We reiterate that any restrictions on the human rights of citizens must not only be prescribed by law but should be in accordance with the Constitution, proportionate and time bound and should not be discriminatory.,”

Abuse of power by state entities, the arbitrary use of the law only against the weak and vulnerable in society and the denial of protection for the weak and vulnerable leads to the rapid erosion of public confidence in the government and its agencies such as the police, the letter stressed.