The fatal shooting of a 41-year-old motorist in Narammala by a Police officer last week gave many Sri Lankans an eerie feeling that we've heard and seen before.
The Police claim that the motorist ignored orders to stop but failed. The victim, a lone driver in a budget lorry, who was driving at night, is pursued by two Policemen, in civilian attire, stopped, approached, spoken to, and then at point black range, shot at, causing terminal injuries. Much of the incident is on CCTV and mobile phone recordings.
The déjà vu moment has been repeated many times, across the island, be it a youth riding a motorcycle evading police instructions being shot in Jaffna, or the bystander who was shot in the head with an assault rifle during a protest, or a drunk Policeman who whipped out his service weapon to pistol-whip a critic on the side of the road, causing a negligent discharge of the firearm, or the many instances of custodial deaths which have long being well documented. Let’s not forget that there have been several instances of friendly fire, causing casualties, within the law enforcement community, with the recent shooting in Palena, Weligama which left a Police sergeant dead and a sub-inspector injured, a sign that there is a major problem within the Police Department.
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 steady on accountability.
Perhaps it is 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, that the Sri Lanka Police has a history marred with police brutality, disproportionate use of force and lack of accountability. Having the Minister-in-charge of law enforcement publicly threatening organised criminal groups to surrender or face death, will do little to help the Police abide by a better code of conduct.
The discharge of firearms in the line of law enforcement duties must be done within strict guidelines. Some may argue that in a dire situation, the actions of policemen within a blink of a second cannot be measured via guidelines. However, in functional democracies, use of force guidelines are the regulatory system that govern the use of force. Last year, the Human Rights Commission of Sri Lanka (HRCSL), issued two reports, both following tragic instances, where disproportionate or criminal use of force by law enforcement officers were found to have cost lives. Last month, December 2023, The HRCSL issued the General Guidelines and Recommendations to Sri Lanka Police on Preventing Custodial and Encounter Deaths. Earlier that year, they issued Recommended Guidelines to the State and Law Enforcement Officials on Dealing with Civilian Protests. However, how effective such guidelines will be without compliance checking, effective training, investigations, and prosecutions, remains to be seen.
The recurring incidents highlight the need for an independent office to investigate allegations against the Police, especially regarding use of force. It is clear that such a unit, given the current subculture within the Police, and the politics intertwined, can be effectively placed within the Department, or under the preview of the IGP. If the history of the “Police Commission” is anything to go by, then placing such an element within the Commission, long suspected of being politicised, would not yield the desired effects. Is it 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, equally.
The enforcers cannot be exempted from the rule. Effective police reforms and a change in culture is vital for a more stable and prosperous Sri Lanka.