The recent statement of the Inspector General of Police and his Deputy to the effect that policemen, soldiers and deserters are among those who have been investigated with regard to the allegations of abductions and disappearances should be given the serious consideration that it deserves.
In terms of numbers, since September 2006 there are over 400 such cases, and they involve those done for obtaining ransom and those which are said to be politically motivated. The incidents have been reported from Colombo as well as the north and the east.
The significance of the statement does not lie in the fact that any new information has been brought to the notice of the public by these top-most police officers. The public has always known that some police officers, including those of high rank, soldiers and the military are involved in such abductions, which often end in disappearances. The significance of this statement is that they are an official confirmation of what the public has known for a long time. This confirmation makes it clear that there is a common knowledge among the public, as well as those who represent the law enforcement establishment, that there are elements within the police, the military and among the deserters who are posing a serious threat to the rule of law in the country. The further admission by these top police officers that these elements are working in close collaboration with underground gangs has also been a matter about which the public has been fully aware and has expressed alarm.
The concern of everyone who shares this common knowledge is as to how this horrendous problem can be overcome. The top policemen did not make any comments on any plans or strategies to deal with this extremely disturbing problem but only stated that the inquiries are ongoing and that the matter should be addressed seriously. But, just who is going to address this matter seriously is a good question. The government has not made any statement on this matter so far. The government Defence Spokesman and Minister, Keheliya Rambukwella, in his characteristic style tried to down play the statements made by the two top police officers. However, it would be quite unadvisable for the government to take this approach on a matter of such vital importance to the stability of the country and the survival of the rule of law. The magnitude of the problem lies in the very nature of the problem which is that it is the task of a law enforcement agency to preserve law and order. The acknowledged problem is that a section of that law enforcement establishment has become law breakers themselves. And they break the law in close connection with two fierce enemies of law and order, the deserters and the underground elements.
The acknowledgement by the public and the leaders of the law enforcement agency itself that there is a serious crisis within the police force is the issue that the government has to address. In fact all the political parties themselves have acknowledged this problem for a long time. The basis of the 17th Amendment to the Constitution, which was brought about almost unanimously in October 2001 was that a number of vital institutions in the country were suffering from serious defects and this included the police service. Some measures were adopted to deal with that situation. However, the implementation of the 17th Amendment was abandoned during 2006. No one would think that even if the 17th Amendment was in operation it would be sufficient to deal with the serious problem of lawlessness that has crept into the law enforcement agency.
A situation now exists where there is common acknowledgment by everyone, including all major political parties, that the law enforcement in the country has suffered a major setback. This is not just a result of the civil conflict in the north and the east and also it does not only affect the north and the east. This crisis is a result of deliberate lawlessness among a section of the law enforcement agency and its impact is felt throughout the country. However, there is no commonly agreed perspective or any action plan to deal with this commonly perceived problem.
The lack of a perspective to deal with a problem and the absence of an action plan implies that the problem will continue to exist. A problem that has already undermined the law enforcement agency, if it continues to exist will only mean that much greater chaos will result in the future. If the future is going to be worse than the present from the law enforcement point of view, it is difficult to imagine anything that can be worse than such a situation. This is not just a situation where one has to run as fast as he can to remain where he is but it is an extraordinarily bad situation that the country will be able to escape from only if it can make an extraordinary effort.
What is the extraordinary effort that needs to be adopted to deal with this problem? The Asian Human Rights Commission suggests that the government should request the Inspector General of Police, in consultation with the higher ranking police officers, to make proposals for dealing with the problem which beset the law enforcement establishment. These police officers should be asked to come forward with such proposals within a short timeframe. The key to a solution to this problem lies within the leadership of the policing system itself. However, perhaps some among the leadership are also among the culprits. That notwithstanding, the collective leadership of the law enforcement agency must be able to come out with strategies and plans to deal with the problem, both on a short term as well as a long terms basis.
It should be possible for the collective leadership of the police to seek advice from the judiciary, the Attorney General’s Department and other local elements such as the business community and civil society organisations including human rights organisations on ways to deal with the present situation. If a genuine appeal is made for ideas and suggestions there is likely to be plenty of response from other government agencies and civil society organisations.
It is at this point that the National Police Commission of Sri Lanka is faced with a grave constitutional responsibility. Under section 155G of the Constitution as amended by the 17th Amendment, one of the tasks of the NPC is to inquire into the general state of the policing system. It is within the very mandate of the NPC that it should inquire into the grave problems affecting the policing system and suggest means by which to deal with these problems. On the basis of the statement made by the two top police officers as mentioned above it should be the task of the NPC to request the Inspector General of Police, acting in consultation with his top command to produce a professional analysis and a plan of action to deal with this problem. The NPC should demand such a report within a short timeframe.
Some have expressed concern that the revelations of such a grave problem within the law enforcement agency can lead to outside interference. However, if outside interference needs to be avoided then an internal solution must be proposed by those who are responsible for the running of the country’s law enforcement agency to arrive at a credible plan of action to deal with the internal failures that have now destabilized the whole nation. Those who are tasked with this, that is the NPC and the top ranks of the police, can on their own seek the assistance of others, such as countries that have dealt with such crises in the past and UN agencies which also have the capacity to provide technical assistance.
Sri Lanka also has a minister who bears the title the Minister for Disaster Management and Human Rights. Now law enforcement itself has become a national disaster affecting even the very possibility of the protection of human rights. In the eyes of the public and in the eyes of the world Sri Lanka is a national disaster from the law enforcement and human rights aspect. Therefore it should be the duty of this minister to urge the NPC to work together with the country’s top most policemen to come out with a professional analysis and an action plan to deal with the present internal crisis within the country’s law enforcement agency.
