Rule of Law, A Standing Committee of the Bar Association of Sri Lanka
RULE OF LAW
A Standing Committee of the Bar Association of Sri Lanka
B.A.SL.,153, MihinduMawatha, Colombo 12.
Chairpersons- Mr. Lal Wijenayake/ Mr.PriyanthaGamage
Convenors- Mrs.NaliniJayathilake/ Mr.NuwanBopage
MEDIA STATEMENT :
The Rule of Law Committee of the Bar Association of Sri Lanka expresses it’s serious concern about the very investigation process related to the death of the Five(05) year old girl who was found dead on 13 September 2015.
The Rule of Law Committee expresses its grave concern at the catastrophic publicity given to the incident with virtually nothing spared including the photographs taken of the naked girl’s body.
ARBITRARY ARRESTS:
The Rule of Law committee is particularly puzzled as to the basis of arrest of suspects in the said process with the police arresting over five (05) persons one after the other whose DNA did not match with the crime scene/ victim. The police also appeared to be feeding the Media with news, without even a basic consideration as to what an “investigation”, means.
Thus, the pertinent question is whether there is any basis at all for the arrests?
The committee notes with much concern as to how and why the police, particularly the Media spokesman as well as the O.I.C., Kotadeniyawa Police station, rushed to the mikes no sooner a person was merely suspected.
SO-CALLED CONFESSIONS:
The eagerness with which these two officers informed the world that each one of these five arrestees committed this murder and/or rape solely on the basis of an alleged confession to that effect, has left a permanent scar on all capable officers of the Sri Lanka Police.
The committee draws the specific attention of all officers concerned with this investigation to Section 25 of the Evidence Ordinance which reads thus:
“25’(1) No confession made to a Police officer shall be proved as against a person accused of any offence.
ALLEGED TORTURE:
The committee is also deeply disturbed by the media reports that, almost all the suspects had been subjected to severe torture, cruel, inhuman and/or degrading treatment, but reserves comment at this point since a Judicial Inquiry/proceedings are pending.
The Rule of Law Committee urges the Inspector-General of Police as well as the National Police Force at large to look into these serious issues and to duly deal with the relevant perpetrators, if any.
OPEN VIOLATION OF S.365(C):
The Committee also expresses it’s deep shock with regard to the continuous gross violation of section 365(C) which reads thus:
“(1) Whoever prints or publishes, the name, or any matter which may make known the identity, of any person against whom an offence under section 345 or section 360A or section 360B or section 363 or section 364A or section 365 or section 365A or section 365b, is alleged or found to have been committed (hereinafter in this section referred to as “the victim”) shall be punished with imprisonment of either description for a term which may extend to two years or with fine or with both.
(2) Nothing in subsection (1) shall apply to the printing or publication of the name or any matter which may make known the identity, of the victim, if such printing or publication is-
(a) by or under the order of the officer in charge of the police station or the police officer, making investigation into such offence, acting in good faith for the purposes of such investigation; or
(b) by or with the authorization in writing of the victim; or
(c) by or with the authorization In writing of the next of kin of the victim where the victim is dead or the parent or guardian of the victim, where the victim is a minor or is of unsound mind:
(3) Whoever prints or publishes any matter to relation to any proceeding in any court with respect to an offence referred to in subsection (1), without the previous permission of such court, shall be punished with imprisonment of either description for a term which may extend to two years or with fine or with both”
URGENT ACTIONS NECESSARY:
The Committee considers it necessary and opportune for the IGP and the National Police Commission to intervene in this matter to ascertain as to what exactly has taken place with the investigation in issue and/or to see whether there in fact was an investigation; to see the need for competent, independent and professional officers to be in-charge; and to provide due advice and technical assistance, if necessary, as a matter of urgency.
The Rule of Law Committee is also of the view that the IGP has a pivotal duty to ensure that his officers are fully aware of their duty; are diligent, professional and competent in their respective work; are duly supervised; and that the due review processes are in place to recognize the deserving cases for rewards or removal.
The Committee also draws the IGP’s attention to the remarks of the United Nations High Commissioner for Human Rights on the Sri Lankan Police:
“The security forces, police and intelligence services have enjoyed near total impunity and have not undergone any significant reform since the armed conflict. A full-fledged vetting process should be designed to remove from office security forces personnel and public officials suspected of involvement in human rights violations.” – See more at:http://www.ohchr.org/EN/NewsEvents/Pages/DisplayNews.aspx?NewsID=16539&LangID=E#sthash.EXKHG7Ms.dpuf”
In the circumstances, the Rule of Law Committee will directly communicate with the National Police Commission and the Inspector General of Police with copies to all relevant persons urging them to remedy this situation.
09 November 2015.
PriyanthaGamage [signed]
LalWijenayake [signed]
Co-Chairmen- Rule of Law Committee, Bar Association of Sri Lanka (BASL)
