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Probing Bloody Monday 

11 May 2022

While islandwide attacks and clashes that began on Monday (9) following the attack on “MynaGoGama” and “GotaGoGama” continue, the Police has received instructions to launch investigations into the attack on the peaceful protestors at the two said sites. Attorney General (AG) Sanjay Rajaratnam PC has instructed Inspector General of Police (IGP) Chandana D. Wickramaratne, to launch investigations into the attack, calling it “unlawful interference” into the people’s constitutional rights. He has also acknowledged that the people (the protestors) have been acting in accordance with their constitutionally granted rights (freedom of speech, peaceful assembly, and association) over the past few weeks. However, in this particular incident, the Police being entrusted with the investigation may not be the best option, especially due to the Police’s questionable conduct while the protestors were being attacked. The attack took place in broad daylight, in the heart of Colombo, and in the presence of around 200 police officers, as well as several police vehicles armed with water cannons. However, the Police’s attempts at preventing pro-Government mobs from reaching “GotaGoGama” in Galle Face seemed feeble, and unlike in the case of protests near the President’s private residence in Mirihana or near Parliament, the Police did not use their full power, especially water cannons or tear gas, until “GotaGoGama” was destroyed. This is in a context where pro-Government groups had already destroyed “MynaGoGama” in front of the Temple Trees in Kollupitiya and had attacked anti-Government groups there, which also took place in the presence of the Police. To make matters worse, as The Morning reported following the attack on “GotaGoGama”, there is information to suggest that the police officers deployed to handle pro-Government groups that day had received instructions to refrain from using tear gas or water cannons to disperse said groups.  In this context, how advisable it is to get the Police to conduct an investigation into an incident, in which the Police acted in an extremely questionable manner, should be taken into consideration.  At the same time, despite the crucial and exemplary role the AG’s Department is expected to play in the country’s justice system, in the recent past, the AG’s Department too has been alleged to be lethargic and sometimes even biased. During Rajaratnam’s tenure as AG, which began in May of last year, several prominent politicians, including the President’s brother and former Finance Minister Basil Rajapaksa, as well as controversial figures such as wartime Navy Commander and Admiral of the Fleet Wasantha Karannagoda, who is said to be a close friend of the Rajapaksa family, have walked free after the AG’s Department decided to withdraw indictments filed in several high-profile cases.  In this context, even if the Police conducted an impartial investigation into the attack on “GotaGoGama” protestors, the extent of impartiality and efficiency the country can expect from the AG or the AG’s Department in this case is a question. While these practical concerns about the Police and the AG’s Department remain very real, the shameful attack on “GotaGoGama” cannot be forgotten, and impartial and efficient investigations need to be conducted into the attack. How that could be done without any interference aimed at hindering the investigations is the next big question. One step Sri Lanka can take is obtaining the support of the Human Rights Commission of Sri Lanka (HRCSL) – which has, in the recent past, gained a name as one of the handful of independent public institutions, especially after the appointment of present HRCSL Chairperson former Supreme Court (SC) Judge Justice Rohini Marasinghe – to oversee Police investigations into the said attack.  During the past few months, i.e. after the prevailing tense situation began, the HRCSL took some noteworthy steps to discuss the violation of the people’s democratic rights. Last month, when the Government imposed a ban on social media platforms and declared a state of emergency, the HRCSL considered those decisions as a violation of human rights and took the initiative to summon the IGP, the Telecommunications Regulatory Commission of Sri Lanka Chairman, and the Secretaries of the Defense Ministry and the Mass Media Ministry, to inquire about the said matters. In addition, it was reported that the HRCSL had summoned Army Commander and Chief of Defence Staff Gen. Shavendra Silva and the IGP to appear before the HRCSL to inquire about the two officials’ failure to prevent the attack on “GotaGoGama”. Even though the HRCSL’s powers are limited as far as issuing legally binding recommendations to authorities, the HRCSL’s presence in Police investigations would give the people hope about unbiased investigations.  While the violent attacks on “GotaGoGama” have added a black mark to the role of the law enforcement authorities, the clashes that followed have added a black mark to Sri Lanka’s history of people-led movements. The number of lives and properties the country lost due to these clashes is also concerning. Therefore, conducting investigations into the said attack is essential, even though there are grave doubts about the impartiality of these investigations due to the reasons mentioned above.


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