• Claims demonstrations banned in election periods, cites blocking of roads and no permission being sought from Police stations

The Police stated that water cannons and tear gas were used on the protest held by the Janatha Vimukthi Peramuna (JVP)-led National People’s Power (NPP) in the Town Hall area in Colombo on 26 February on the grounds that demonstrations have been prohibited in the backdrop of the declaration of the Local Government (LG) election, protestors blocking the road, and since permission for such a procession march had not been obtained from the relevant police station.

When queried about the grounds on which water cannons and tear gas were used on the NPP protest, Police Media Spokesman, Senior Superintendent of Police, and Attorney-at-Law, Nihal Thalduwa told The Daily Morning that the same was done on the grounds that demonstrations could not be held against the backdrop of the LG election being declared as well as due to protestors blocking the vehicular movement of a main road and as no permission had been obtained from the relevant police station for a protest march to be held under the relevant provisions of the Police Ordinance. 

“The Police should take action when protestors block a main road. They (protestors) had been told by the Police not to block the roads. They had the opportunity to hold the demonstration at the Viharamahadevi (Victoria) Park premises and the area surrounding the Lipton Circus Roundabout. The Police did not obstruct them at any of those locations. However, they were then marching towards Colombo Fort, blocking the entire road,” explained Thalduwa.

Thalduwa added: “The Police are working as per the provisions of the Criminal Procedure Code and other existing laws. A court order is not mandatory to disperse a protest which causes inconvenience to the public. Even when the Police request an order, the courts instruct the Police to act on the powers vested in the Police. However, the Police always attempts to make the relevant submissions and obtain a court order.” 

Meanwhile, the Human Rights Commission of Sri Lanka (HRCSL) had informed Inspector General of Police (IGP) Chandana D. Wickramaratne to provide a report within the course of yesterday (28 February) regarding the Police’s use of tear gas and water cannons to disperse protestors, while a court order had not been issued preventing protests in the relevant area. The HRCSL stated that further investigations into the incident would be carried out based on the report which would be submitted by the IGP.

Amnesty International had also issued a statement condemning the use of water cannons and tear gas on the NPP protest. 

“It is worrying that even after months of widespread protests in the country, the Police need to be constantly reminded of their duty to facilitate the right to the freedom of peaceful assembly and exercise restraint in the use of force while policing assemblies. Less lethal weapons that have indiscriminate effects and a high potential for harm must not be used where there is no widespread violence against persons during a peaceful assembly. Video footage shows that the protestors were in a confined space without the possibility for dispersal or escape and yet the Police used water cannons and tear gas in violation of international human rights law and standards on the use of force,” a statement issued by Amnesty International read.

The NPP held a protest in Colombo against the postponement of the LG election, which many parties claimed to be one of the largest protests after the massive public protests which demanded the resignation of then-President Gotabaya Rajapaksa last year (2022). The protestors continued seeking permission to move towards Colombo Fort, but the police officers denied the same and had resorted to using tear gas and water cannons against the protestors. More than 25 persons who were injured during the water and tear gas attacks had been admitted to the National Hospital of Colombo, while one of them died on Monday (27 February).