This week, the National Police Commission (NPC) of Sri Lanka made the following welcome announcements:
- That disciplinary control of all police officers except the Inspector General of Police (IGP), including those of officers below the rank of Inspector of Police, would again fall under the domain of the NPC. This announcement effectively revokes the earlier delegation of authority to the IGP in matters of disciplinary control pertaining to officers below the rank of inspector. This was announced on August 20 by Mr Ranjith Abeysuriya PC, Chairperson of the NPC, at a consultation held jointly by the Law Society and Trust, the Asian Human Rights Commission (AHRC) and the World Organisation against Torture (OMCT). Mr Abeysuriya also indicated that he would take steps to see that this control be reassumed as a matter of urgency.
During the consultation, Mr Abeysuriya explained that most of the NPCs work since its official inauguration in November 2002 has been devoted to matters relating to promotions, particularly the filling of about 4000 vacancies in important posts which remained vacant due to inaction under the earlier system of administration. He explained that it was thought that resolving this problem of vacancies was a priority in order to get the system to function properly; however, the NPC is aware that dealing with the public complaints is of a matter of paramount importance.
- That the public complaint procedure under Article 155 G (2) of the Constitution of Sri Lanka, introduced under the 17th Amendment, will be implemented as soon as possible. This announcement was also made at the same consultation, and Mr Abysuriya graciously apologised for the delay in initiating this procedure, which the NPC has acknowledged as one of its primary tasks. The Chairperson mentioned that the NPC intends to adopt the draft procedure for complaints submitted by the AHRC, with appropriate adjustments.
- That dealing with police torture will be the top priority commencing from this week. This was reported in theSunday Leaderon August 22, quoting the Chairperson of the NPC to the effect that, Earlier this issue was handled by the IGP, but under the 17th Amendment this responsibility has fallen upon the Police Commission. So we are attending to it and giving police torture priority. The article further reported that new investigators are to be recruited shortly to probe the increasing rate of police torture in Sri Lanka. In 2003, 15 per cent of complaints received by the NPC related to police torture, while 40 per cent related to inaction on public complaints.
These are decisions of very great importance, no less than historic in their proportions, towards resolving the problems relating to policing in Sri Lanka. The 17th Amendment to the Constitution, which gave birth to the NPC, was a response to institutional malfunction and paralysis, and awareness of the need for change. Events of recent decades had caused the police to become politicised and militarised. The measures that the Commission has undertaken to implement shortly can, if properly implemented, address this institutional paralysis and create new momentum to deal with such serious problems as lawlessness, increased crime, and incompetent policing. Two years of experience has for the NPC and the public alike brought this realisation sharply to the foreground. To date, the experience of the NPC has been one of extreme frustration, as the Commissions hopeful mandate has remained unfulfilled. The measures announced this week mark a critical stage in its attempts to fulfil its constitutional mandate.
All civil society organisations, and human rights groups in particular, should now find ways to cooperate with the Commission at this very critical moment. It is essential to keep attention on these issues, and build public opinion in support of its important new steps. Where public support is effectively mobilised in favour of these developments, protection and promotion of human rights will be enhanced. Finally, the NPC must itself add a public education component into its work, and use the state radio and television media in particular to educate the public on the measures it has envisaged for the realisation of the above-stated aims.
