සිංහල, Human Rights, Human Security

One after Another:Extra Judicial Killings and deaths under the custody

Media reported Mahindage Jeewan Kumarasiri the main suspect in the Panadura quintuple murder case, committed suicide by jumping into the Bolgoda Lake at predawn yesterday Wadduwa police said.

“We took the suspect to the Hirana ferry on the Bolgoda Lake to recover a firearm he had hidden at a place close to the ferry. We were returning by boat after recovering the weapon when the suspect jumped into the lake. “OIC Wadduwa police Nimal Karunaratne said.

Daily Mirror 20.09.2007

This incident remembered what happened to the two suspects of Delgoda murder case. It was reported two suspects shot dead by the police for self defence while they were trying to throw a granade hidden near a bannana tree.

These incidents create doubts in every reasonable mind. Police are responsible for the protection of suspects under their custody. The incidents mentioned above similar to fairy tales.The destiny of suspects decide by courts. Not by police. Our supreme law is 1978 constitution.It ensured the innocence until proved guilty as a fundamental right.

According to sentence 23(2) of the Criminal Procedure Code police can practice minimum force when arresting suspects. In King vs Wannaku Tissahamy case it was mentioned police can shoot as self defence when suspects try to escape or going against the police.

Unfortunately now this excuse I mean police shooting as self defence put into practice not in good intention. The above incidents are questioning the intention of the police. Every reported case suspect was shot to death for self defence or suicide under the custody.This is unbelivable.

Our police is famous for torture, disapperances, intimdation and killing of victims and witnesses.The most well known recent incident is Gerald Perera case. How can we expect resonable acts from such kind of police?

One woman mentioned the suicide of suspect at Bolgoda Lake and said he was a notorious criminal. This kind of attitude is very harmful to the future of this country where the majority is Sinhala Buddhists.

Who is responsible for such an attitude? The direct answer is entire legal system. Court delays malpractices of judiciary, misbehaviour of some judes and lawyers , and the inability to conduct proper investigations by the law enforcement authority are the reasons for peoples dislike to Law.

Law coudnt find solutions to crimes. Best thing is to kill all the suspects of crimes, This is the attitude slowly growing in the minds of general folk.

Another reason which make the situation more adverse is conducting magisterial inquest. If The magistrate came to a conclusion that these killings occured as self defence of police or suicide then whom the loved ones of these deceased tell their injustice. In Seneviratne vs AG 71NLR439it was mentioned magisterial inquest is not a trial. Only an act of investigation.

Extra judicial killings and killings under custody are adverse forms of human rights violations. To end this and protect right to life is not possible in a national system alone. So it is wise to seek the help of international experts on human rights.

Harshi Chitrangi Perera