In the past few decades, and in particular during the last few years, the Criminal Investigation Department (CID) has lost much of the confidence of the people, primarily because of the widespread suspicion that this institution has become highly politicised.
As one of the most powerful investigation mechanisms in the country, the CID needs to have a high degree of credibility and public confidence if it is able to perform one of the most important functions for the maintaining of the rule of law, and for sustaining the conditions for law and order and social stability.
The following public accusations have been made against this institution in present times: That the institution is often directed by political directives either given by the Government or by high-ranking politicians representing the Government. It has been a recognised practice that a mere making of a statement against someone or some group by a third party leads to the suspect/s being immediately called in to the CID and being questioned.
This very act has very serious public consequences. Usually, when anyone is called in for questioning to the CID, that is given very high publicity and this creates considerable fear that the suspects that are being called may face very serious consequences. It is a well-accepted practice in all countries which respect the rule of law that before any person is called for questioning on the basis of a statement by a third party, the investigators do their own preliminary investigation and collect an adequate amount of information in order to confirm the veracity of the complaint.
If this practice is followed, this habit of calling persons for questioning purely because of statements by interested parties which are often intended to create bad publicity for the suspect/s concerned, can easily be avoided. What is even more important is that the CID should not take any action of calling people for questioning or arrest purely on the basis of a request or pressures exerted by politicians or other persons who exert political or other influences. This is an essential precondition to guarantee the security of the people and also to reaffirm the principle for the respect of the freedom of all citizens. The questioning of citizens on criminal matters should be confined entirely within the framework of the accepted norms and principles of criminal justice.
This particularly applies to persons involved in the media. It is often journalists and others who are involved in social media and other forms of communications that are brought into questioning, purely for the purpose of creating a degree of intimidation against the freedom of publication and the freedom of expression. The same applies to those engaged in the exercise of the freedom of assembly. The very lifeblood of a nation that is grounded on the principles of democracy and the rule of law is the right of the people to live without fear of intimidation. The strict following of rules that confine the criminal investigations within the boundaries of the law can contribute to a healthy society. The absence of such a condition can also create extremely unhealthy habits such as suspicion, and also resorting to other less legitimate means of public expression.
All these could simply be brought down to a single principle of preventing interference into the administration of justice. Interference into the administration of justice is a criminal offense. However, despite the public perception that there is so much of such interference, hardly anyone has been prosecuted in recent times about the commission of such an offense.
Without the strict enforcement of the law relating to non-interference into the administration of justice, it is not possible to create a functioning system of criminal investigation particularly in institutions like the CID which has to often deal with extremely sensitive matters, which may be of great national interest.
Professionalism, objectivity, competence, and efficiency should all go together if the country is to secure a system where there could be societal confidence that all serious crimes are in fact being well investigated and that all such investigations are done in good faith.
The confidence in the people that public institutions of enormous power like the CID act only within a framework of civilised principles and always in good faith is essential in order to create a kind of healthy social relationship. When such a healthy social relationship does not exist, people develop all forms of habits by which they will find ways to undermine the rule of law.
If a mentality develops which it is considered legitimate to undermine the rule of law in order to avoid being victims of the repressive use of laws by the CID, then the consequences of such a situation could be extremely dangerous. Sri Lanka has consistently been experiencing such a situation in recent years in particular, but also over the recent decades, especially since the 1970s.
Under such circumstances, what a ministry for the rule of law could do is to develop a sense of policy, guidelines for the proper functioning of a powerful institution such as the CID in consultation with that Department and other Police and other competent persons, and also in consultation with the public which will voice the national policy for the running of that institution.
If such a comprehensive national policy is developed, soon such a policy could be transferred into legislation and thereby ensure that these institutions work with greater efficiency while at the same time work strictly within the principles of civilised norms and with absolute loyalty to the principles of the rule of law.
Besides, with the development of such a policy line, the said ministry could also intervene through Parliament to ensure that adequate resources are made available for an extremely viable and efficient system of criminal investigation which will bring about greater stability to the country. This is important particularly in regard to the crimes relating to finances and also relating to the abuse of power. When investigating powerful individuals or organisations, it is essential that the investigator should have absolute confidence that so long as they perform their duties within the framework of the legal principles, they will be protected. This protection requires the improvement of their confidence as well as their professionalism on an ongoing basis. These are functions that could easily be developed by developing national policies relating to all these matters.
(The writer is the Policy and Programmes Director of the Asian Human Rights Commission)
…………………………………………………….
The views and opinions expressed in this article are those of the author, and do not necessarily reflect those of this publication.
Restoring public confidence in the CID through a national policy
02 Aug 2022
Restoring public confidence in the CID through a national policy
02 Aug 2022
In the past few decades, and in particular during the last few years, the Criminal Investigation Department (CID) has lost much of the confidence of the people, primarily because of the widespread suspicion that this institution has become highly politicised.
As one of the most powerful investigation mechanisms in the country, the CID needs to have a high degree of credibility and public confidence if it is able to perform one of the most important functions for the maintaining of the rule of law, and for sustaining the conditions for law and order and social stability.
The following public accusations have been made against this institution in present times: That the institution is often directed by political directives either given by the Government or by high-ranking politicians representing the Government. It has been a recognised practice that a mere making of a statement against someone or some group by a third party leads to the suspect/s being immediately called in to the CID and being questioned.
This very act has very serious public consequences. Usually, when anyone is called in for questioning to the CID, that is given very high publicity and this creates considerable fear that the suspects that are being called may face very serious consequences. It is a well-accepted practice in all countries which respect the rule of law that before any person is called for questioning on the basis of a statement by a third party, the investigators do their own preliminary investigation and collect an adequate amount of information in order to confirm the veracity of the complaint.
If this practice is followed, this habit of calling persons for questioning purely because of statements by interested parties which are often intended to create bad publicity for the suspect/s concerned, can easily be avoided. What is even more important is that the CID should not take any action of calling people for questioning or arrest purely on the basis of a request or pressures exerted by politicians or other persons who exert political or other influences. This is an essential precondition to guarantee the security of the people and also to reaffirm the principle for the respect of the freedom of all citizens. The questioning of citizens on criminal matters should be confined entirely within the framework of the accepted norms and principles of criminal justice.
This particularly applies to persons involved in the media. It is often journalists and others who are involved in social media and other forms of communications that are brought into questioning, purely for the purpose of creating a degree of intimidation against the freedom of publication and the freedom of expression. The same applies to those engaged in the exercise of the freedom of assembly. The very lifeblood of a nation that is grounded on the principles of democracy and the rule of law is the right of the people to live without fear of intimidation. The strict following of rules that confine the criminal investigations within the boundaries of the law can contribute to a healthy society. The absence of such a condition can also create extremely unhealthy habits such as suspicion, and also resorting to other less legitimate means of public expression.
All these could simply be brought down to a single principle of preventing interference into the administration of justice. Interference into the administration of justice is a criminal offense. However, despite the public perception that there is so much of such interference, hardly anyone has been prosecuted in recent times about the commission of such an offense.
Without the strict enforcement of the law relating to non-interference into the administration of justice, it is not possible to create a functioning system of criminal investigation particularly in institutions like the CID which has to often deal with extremely sensitive matters, which may be of great national interest.
Professionalism, objectivity, competence, and efficiency should all go together if the country is to secure a system where there could be societal confidence that all serious crimes are in fact being well investigated and that all such investigations are done in good faith.
The confidence in the people that public institutions of enormous power like the CID act only within a framework of civilised principles and always in good faith is essential in order to create a kind of healthy social relationship. When such a healthy social relationship does not exist, people develop all forms of habits by which they will find ways to undermine the rule of law.
If a mentality develops which it is considered legitimate to undermine the rule of law in order to avoid being victims of the repressive use of laws by the CID, then the consequences of such a situation could be extremely dangerous. Sri Lanka has consistently been experiencing such a situation in recent years in particular, but also over the recent decades, especially since the 1970s.
Under such circumstances, what a ministry for the rule of law could do is to develop a sense of policy, guidelines for the proper functioning of a powerful institution such as the CID in consultation with that Department and other Police and other competent persons, and also in consultation with the public which will voice the national policy for the running of that institution.
If such a comprehensive national policy is developed, soon such a policy could be transferred into legislation and thereby ensure that these institutions work with greater efficiency while at the same time work strictly within the principles of civilised norms and with absolute loyalty to the principles of the rule of law.
Besides, with the development of such a policy line, the said ministry could also intervene through Parliament to ensure that adequate resources are made available for an extremely viable and efficient system of criminal investigation which will bring about greater stability to the country. This is important particularly in regard to the crimes relating to finances and also relating to the abuse of power. When investigating powerful individuals or organisations, it is essential that the investigator should have absolute confidence that so long as they perform their duties within the framework of the legal principles, they will be protected. This protection requires the improvement of their confidence as well as their professionalism on an ongoing basis. These are functions that could easily be developed by developing national policies relating to all these matters.
(The writer is the Policy and Programmes Director of the Asian Human Rights Commission)
…………………………………………………….
The views and opinions expressed in this article are those of the author, and do not necessarily reflect those of this publication.
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Discover Kapruka, the leading online shopping platform in Sri Lanka, where you can conveniently send Gifts and Flowers to your loved ones for any event. Explore a wide range of popular Shopping Categories on Kapruka, including Toys, Groceries, Electronics, Birthday Cakes, Fruits, Chocolates, Automobile, Mother and Baby Products, Clothing, and Fashion. Additionally, Kapruka offers unique online services like Money Remittance, Astrology, Medicine Delivery, and access to over 700 Top Brands. Also If you’re interested in selling with Kapruka, Partner Central by Kapruka is the best solution to start with. Moreover, through Kapruka Global Shop, you can also enjoy the convenience of purchasing products from renowned platforms like Amazon and eBay and have them delivered to Sri Lanka.Send love straight to their heart this Valentine's with our thoughtful gifts!