• National Police Commission Chairman defends his independence amidst the Basil greeting controversy and lays out the measures taken to ensure NPC’s independence

National Police Commission (NPC) Chairman and former Inspector General of Police (IGP) Chandra Fernando was the subject of discussion over the past few weeks for being among those who were at the Bandaranaike International Airport (BIA) to welcome former Minister of Finance and Sri Lanka Podujana Peramuna (SLPP) National Organiser Basil Rajapaksa when the latter returned to the country from the US. In light of this incident, many parties questioned whether he – and the NPC, by extension – can truly be expected to act independently.

The following are excerpts from an interview The Morning conducted with Fernando regarding the aforesaid incident, the NPC and its role, and the Police Department:

Following the incident of you meeting Basil Rajapaksa at the BIA, many parties have raised concerns about the independence of the NPC. How do you ensure such independence?

In the 1990s, there were allegations that the Sri Lanka Police was corrupt, ineffective, and not working for the betterment of the people and rule of law. The NPC was established as a solution to this issue. Although it is said to be an independent commission, the term “independent” is not mentioned in the Constitution. 

The NPC consists of members appointed by the Constitutional Council on the recommendations of the President. There again, it is political. Independence is in the people who work for the commission. If the working conditions are such that the NPC Chairman and members are working partially, then one can bring about an allegation, but we have exhibited how independent we are in the past. If we work independently, it does not matter even if we go and meet God.

Does the NPC have a central mechanism for investigating complaints against police officers? Or are relevant investigations carried out in an ad-hoc manner?

Before I was appointed NPC Chairman, the NPC used to forward complaints it received to the Police, after which it got a report from the relevant Police Officer-in-Charge (OIC) and wrote to the public. This process meant that the NPC did not inquire into complaints, but instead instructed the Police, against whom the complaints had been lodged, to do so. It is like getting a rogue to investigate themselves. I changed that system. 

When there is a complaint, instead of forwarding it to the Police, I read it and look into the issue to consider what shortcomings we had, and what form of redress is possible. Additionally, we get the Police to provide us with extracts of the incident which the complaint was about. Then we look into the complaints based on extracts. If a police officer was found to be guilty, we would inform the Inspector General of Police (IGP) or relevant senior official to take action against them. We also follow up on these actions.

In addition, we have the 1960 hotline through which the public can lodge complaints with the NPC, which existed even before my appointment as Chairman, but was not functioning the way it was supposed to. Soon after my appointment, I noticed its shortcomings and took action to correct them. I go through the complaints received via the hotline every day. When someone lodges a complaint, we take the necessary action and then inform the complainant of our actions with regard to the complaint. If there is any issue, we ask them to meet the relevant Police OIC. There are many such progressive initiatives that have taken place at the NPC for the past few years and we know that people respect us for them.

What policy changes have the NPC made for the betterment of the Police?

We have prepared a roadmap with the participation of all stakeholders such as the Attorney General’s Department, Government Analyst’s Department, Police Department, and Foreign Ministry. Using the roadmap, it is hoped that solutions will be found to address issues such as people losing trust in the Police, interference by interest groups, and weaknesses in management. I spoke to IGP Chandana D. Wickramaratne and he said that it would be easier for the Police if the NPC prepared such a roadmap. During its preparation, we looked into everything such as the causes and consequences of the aforesaid issues.

We have also identified that there are certain police officers who do not possess the attitude that an officer should. This issue has arisen due to the relevant screening process not being implemented properly. Therefore, we have prepared a screening system. We consulted a few psychiatrists and decided to test the attitudes of those who join the Police. We have also proposed a proper background inquiry when recruitments are made. It is not sufficient to look into details of their parents and siblings only; their extended family members should also be looked into, as we should not leave any grey areas.

There has been talk about the need to bring reforms to the Police Ordinance and other legal provisions related to the Police. Has the NPC fulfilled its responsibility towards that end?

The Police Ordinance is something that was introduced in 1866. Section 56 mentions the key duties of police officers. I do not see that it needs any amendments. The other important provisions are those with regard to loudspeaker licences and processions. They are also still valid. Protests are not something that started recently; there have been protests even when the Police Ordinance was being introduced, and the ordinance addresses all these matters.

I know that there are talks regarding definitions of certain provisions in the Police Ordinance, particularly the matter of prior notice that should be made with regard to protest marches at present. If anyone thinks that these provisions should be more clearly defined, they should seek a court determination. If anyone thinks that there are amendments that should be made to the Police Ordinance, they can go to the Law Commission of Sri Lanka (LCSL) and it will then make the necessary recommendations to the Government.

Generally, junior police officers are constantly harassed by senior officers. What measures has the NPC taken on this matter?

I do not know if this is a serious matter. For instance, the recent incident in Panadura (a reference to the incident of two female Police Constables [PCs] being pushed by Panadura South Police Station Headquarter Inspector and Chief Inspector of Police [CI] Chamindra Pinto during a recent protest). What happened was that there were two female protestors who were to be arrested, and male police officers were not permitted to handle them. Therefore, some female police officers had been called, and where were they? They were found standing at the back, but their role should have been in the front. 

When the arrests were to be made, the female PCs were not available, and they were pushed to the front by the OIC. How can that be harassment? Harassment is something totally different. At that moment, the OIC (Pinto) was stressed, and the female PCs, who should have assisted him, were at the back. That is why he positioned them to the front. I do not think that they should have been pushed, but I also do not see it as harassment.

Has the National Police Commission been able to ensure gender equality in the Police Department?

Yes, I am of the view that gender equality is ensured in the Police. If one says that gender equality should be established by recruiting 50% male and 50% female police officers – this is not something that is possible and has not happened anywhere in the world. That is because the nature of police duty is male-oriented. That is why a majority of police officers are males. There are certain areas where females can be accommodated, while there are also areas where they cannot.

Has the NPC made recommendations on how police officers should deal with matters related to children and other special groups?

When we get complaints over such matters, we make recommendations to the Police. We also write to the National Child Protection Authority (NCPA). We cannot make recommendations without knowing what type of incidents will take place. 

In addition, the IGP takes action to inform police officers regarding the manner in which they should deal with children and other special groups.

Are you satisfied with the interest of the IGP in implementing the recommendations made by the NPC?

Yes, since my appointment, the NPC has made several recommendations to the current IGP and he has progressively taken action in this regard. I would therefore say that the IGP’s interest in implementing what the NPC has recommended is at a satisfactory level.

There have been many complaints against the Police for not responding to Right to Information (RTI) applications. Is the NPC aware of such and have any recommendations been made in this regard?

The Right to Information Act is a new law and the relevant officers do not yet possess a proper understanding of it. That is one reason for this issue. The other issue is that most matters that pertain to the Police are related to court cases and national security. For instance, the NPC has received certain RTI requests seeking details of recommendations that we have made to the IGP, but they cannot be published, as most of what we write to the IGP and other relevant parties is confidential. 

Similarly, the Police may also find it difficult to disclose certain pieces of information as they may have links to ongoing court cases or national security-related matters. However, I know that the Police does provide any information that it is in a capacity to disclose.

Is the Police serving its mandate by attacking the peaceful protests and protestors at present? Or should it play a more balanced role in maintaining law and order?

The people have the right to protest, but such protests should be held peacefully and without causing harm to anyone else. If they behave in a violent manner, the Police can take action to prevent any adverse incidents from happening. If any police officer has misused their power in dispersing protests, action should be taken against them. That is a different story. We have recommended action against police officials for misusing their power.

As per the Speaker, new independent commissions are going to be established. Do you expect to be in the new commission?

Not at all. I am tired and have done my duty.  I have done more than what is required. I wanted to leave about two to three months ago, and have no plans to be in the NPC again. If they want me to work again, I will help them by working for the NPC on a voluntary basis.