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Up in flames, not so fast

Up in flames, not so fast

15 Dec 2023

 

The Acting Inspector General of Police Deshabandu Tennakoon, yesterday (14) vowed to take measures to destroy seized illegal drugs within a short period of time, acknowledging that there are reports that drugs seized by the law enforcement authorities during raids end up in the hands of drug racketeers in various ways. He made these remarks during the destruction of over 100 kilograms of heroin as per the directives of the Colombo High Court. 

What he said has remained a pressing concern for years, if not for decades, despite various promises and little action regarding bringing it to an end. The prompt and secure destruction of seized drugs is imperative, as it minimises the chances of these drugs finding their way back into the general society, which could considerably affect anti-drug programmes. At the same time, it can, to a certain extent, help eliminate the potential for corruption within the law enforcement agencies, which in turn helps maintain the integrity of the justice and law enforcement sectors. Therefore, his sentiments and intentions, if implemented, could be beneficial in many ways.

However, the prompt destruction of seized drugs following the relevant court proceedings is merely a first and rudimentary step, because ensuring the security of drugs while they are in Police custody would still be a challenge. In a context where a considerable share of court cases in Sri Lanka takes years to conclude, which in turn results in seized drugs being in the court’s evidence room until those proceedings conclude, Sri Lanka’s biggest challenge is not how soon drugs are destroyed, but how securely the drugs are stored.

The law enforcement authorities bear the responsibility of safely storing seized drugs for a number of reasons, one of them being its importance in maintaining the integrity of evidence in legal proceedings, and supporting the justice system in prosecuting offenders effectively. The chain of custody in drug seizures is a crucial process that ensures the integrity and admissibility of evidence in legal proceedings. It involves documenting the handling, transfer, and storage of seized drugs from the moment of confiscation to their presentation in court. A well-maintained chain of custody is fundamental to the credibility of drug seizure-related cases in court. 

In order to prevent irregularities in handling seized drugs, Sri Lanka could look into several legal and procedural steps such as proper documentation, a proper chain of custody, training and guidelines, ensuring secure storage, proper labelling and packaging methods, regular audits and inspections, the necessary legal oversight, adherence to protocols, and transparent reporting. By implementing these measures, the authorities can significantly reduce the risk of irregularities in the handling of seized drugs, and maintain the integrity of the legal process. While these measures would to some extent prevent officials from releasing seized drugs to drug racketeers, addressing attitudinal issues remains a bigger challenge. As long as the authorities’ tendency to be corrupt is addressed, none of the above-mentioned measures will put an end to the seized drugs’ return to the streets. In a context where the Police force has gained notoriety as one of the most corrupt institutions in the country and the economic crisis has rendered many unable to make ends meet, addressing the Police officers’ tendency to be corrupt is perhaps the biggest challenge in this discussion.

However, the Police are only the most obvious party in this discussion. There are other institutions such as the Sri Lanka Customs and the Excise Department, which are closely connected to law enforcement activities concerning the illegal drug and liquor trades, in which corruption, especially bribery, is rampant. The authorities’ attention needs to be paid to these aspects of the issue as well. 

Preventing seized drugs from returning to the streets is crucial for many reasons. It helps curb the cycle of drug abuse and addiction, and averts many related crimes such as thefts and violent acts. At the same time, it will have a negative impact on the profitability of the illegal drug trade as well. If those entrusted with the duty of combating drugs become a part of the problem, that poses a massive threat to the country.


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