Over the last weekend it was reported that the Public Security Ministry had ‘strongly advised’ a group of senior police officers who made a mockery of the investigation procedure, and that of obtaining confessions, during the ongoing investigation into the recent double murder which occurred in Athurugiriya in broad daylight. 

The warning is but a slap on the wrist of senior police officers who should have been taken to task. It is learnt that the police officers had ‘apologised’ to the Minister in charge.

However, the policemen acted, while there was a directive issued by the Police Inspector General’s office on not to do so, a product following scrutiny after multiple such instances in the past. 

Further, the National Police Commission (NPC) has ordered the Inspector General of Police to investigate and submit a report regarding the release of the confession of a suspect arrested in connection with the Athurugiriya shooting incident to the media, contrary to the IGP's orders. Last week the Commission called for the report to take disciplinary action against the officers involved in the incident. The report was expected to be delivered within two weeks, with the Police Special Investigation Unit tasked to conduct the initial investigation in this regard. In light of such circumstances, the question as to why the Minister in charge of law enforcement, took it on himself to address the matter and issue a ‘strong warning’ to the officers in question, itself raises doubts about the type of corrective action being taken. Will the officers in question be ‘let off' with the ‘strong advice’ and the apology given to the Minister, or will the NPC directive lead to any disciplinary action at all?

The lacklustre approach by the Ministry regarding the senior police officers who so blatantly sought to disregard established procedure, turning an ongoing investigation into a televised news event, clearly highlights the decayed culture of policing which has plagued the Police for decades, and the poor ethical reporting carried out by some in the media landscape in Sri Lanka. The group, led by high ranking officers such as the senior policeman responsible for the Southern Police Division of the Western Region had allowed a video of a key suspect in the recent Athurugiriya double homicide being questioned, and a statement being recorded to, leak to broadcast media. Such breach of procedure can taint the evidence gathered and also leave the door open for defence attorneys to discredit the case formed by the prosecutors.

This clear disregard for following procedure, even when special guidelines have been issued, indicates a serious crisis within the law enforcement establishment. It highlights the culture of impunity the Police have been allowed to get away with over the last four decades of law enforcement in the island. 

Similarly, there is an undeniable problem with the use of force by the Sri Lanka Police Department and at its root cause is a culture of impunity that has become so deep rooted, it is now almost impossible to dislodge without significant overhaul of the entire law enforcement system. However, the culture of impunity begins at a higher level. Long have we seen politicians, government heavyweights and state officials ‘get away’ with or not held accountable for use of force. In a country where a minister-in-charge of prison’s marches into one, drunk and pistol-whips a detainee trying to force a confession, we clearly do not have legs to stand on regarding accountability.  Also, the slow transition from a war time counter insurgency mindset, or a combination of poor training, lack of regular skill retention programmes, and a culture of impunity, the Sri Lanka Police have a history marred with police brutality, disproportionate use of force, disregard for procedure, and lack of accountability.

If the history of the ‘National Police Commission’ is anything to go by, then disciplinary action based on the report about the policemen in the above context would likely not yield the desired effects. Perhaps, it is time for an independent ‘Police Ombudsman’ like in the United Kingdom and Australia, or Law Enforcement Conduct Commission? 

Given the Attorney General's Department’s clear lack of enthusiasm to pursue robust prosecutions against police officers who are implicated in use of force incidents, or questionable deaths, where would an office that will investigate and ensure compliance within the Police, be best housed?  If Sri Lanka wants to move in a better direction, rule of law has to apply to all. The enforcers cannot be exempt from the rule. Effective police reforms and a change in culture is vital for a more stable and prosperous Sri Lanka.