“There is a saying that ‘if you are bitten by a cobra there is hardly any cure’. The situation of the Inspector General of Police (IGP) violating the law and committing an act of torture appears to have the same effect,” says the Asian Human Rights Commission.
IGP Jayasundara
Issuing a statement today the AHRC said: “Up to now no legal action has been taken against the IGP. Given the normal practice in Sri Lanka there is hardly any reason to think that any action will be taken in the future.”
We publish below the statement:
Video showing the IGP grabbing a Police Officer by the collar challenges the respect due to on-duty Policemen
There is a saying that “if you are bitten by a cobra there is hardly any cure”. The situation of the Inspector General of Police (IGP) violating the law and committing an act of torture appears to have the same effect. This is not because of a defect of the Law in Sri Lanka. It is because of the manner in which the Law is being enforced. A video showing the IGP holding a police officer by his collar has been seen by many people after it was shown on the Internet. As a result, the public is alarmed leading to media discussions about the incident. However, up to now no legal action has been taken against the IGP. Given the normal practice in Sri Lanka there is hardly any reason to think that any action will be taken in the future.
This situation raises a number of serious legal issues.
The Law in Sri Lanka is based on the fundamental premise that no one is above the Law. This fundamental tenet was established through centuries of struggle for the displacement of the Monarchy and to establish Parliamentary Democracy. That no one is above the Law is the foundation on which the whole legal system stands. Every attempt to undermine this principle is a serious threat to the legal system as whole. The Sri Lankan Police Institution is the primary institution that has been created to protect the Rule of Law. There is no other function that the Police, as an institution, have to accomplish which is outside this fundamental obligation. Every function that the Police are expected to carry out, can be justified only on the basis of its duty to protect this fundamental principle.
Thus, the very existence of the Police Institution depends on the enforcement of the Law that states that everyone is equal before the Law.
The offence that the IGP is alleged to have committed is torture. Torture was recognized as an offence in Sri Lanka by the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment Act, act No: 22 of 1994. Under this law, the punishment for the commission of an act of torture or ill-treatment is seven years imprisonment and a fine of not less than ten thousand rupees. Up to now a number of police officers have been found guilty of committing torture and have been punished under this Act. For many other officers their charges are pending in the Courts. The fact is that many police officers have been punished under the CAT Act but the highest officer, the IGP, has not even been investigated for his alleged illegal behaviour. The public revelation relating to the commission of the same offence revealed a double standard in the enforcement of the Law.
The actual question that has arisen is similar to the proverbial question of who is to bell the cat? Who has the right and duty of care to investigate the highest officer of the policing service if he is alleged to have committed a crime? There apparently is no answer forthcoming. However the responsibility for the actions of the IGP lies with the President, the Prime Minister and the Government of Sri Lanka. The Government itself exists only on the foundation of Law. If the Government fails to takes steps to enforce the Law it puts the entire legal system in jeopardy.
This issue of enforcement of the Law affects the good name of the policing service whose sole justification for its existence is the enforcement of the Law.
This issue should be of concern to everyone who wants to see that the Sri Lankan State carries out its fundamental obligation to enforce the Law. This includes punishing the alleged perpetrators and not affording them special consideration because of their higher status.
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IGP Must Resign Or Face Impeachment: Senior Ministers
MARAMANDAI / August 21, 2017
In our beautiful country, the miracle of Asia we always consider any video evidence as ‘doctored’, conspiracy of ngos and western agenda. So there will be no cure for this type of snake bites. Do you know these types of snakes are controlled by the charmers who are venomous too. Their bites have killed 40000 civilians, journalists, and those who need clean water. We have seen clear evidence on how these snakes bite but the doctor’s who treat the victims also have venomous bites. So this miracle of Asia is full of snakes.
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Mallaiyuran / August 21, 2017
You remember last year what Ravi did to the news reporter in Hangbangtota harbor? Choked him exactly how Jeyam did to the poor operator. Now his services is honored and he is promoted. Jeyam needs a promotion. But Jeyam may have to wait patiently at least one year to be honored as Low and Disorder minister.
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srinath gunaratne / August 21, 2017
What is up in the so called police commission?
Only to pay the henchmen public money?
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Mallaiyuran / August 21, 2017
LTTE IGP was brought in by Old Royals to corrupt the police department. The only good service that IGP did was punishing DIC Indran for attempting to control Aluthgama riots. That story went away from media only after that time Justice Minister went to Aluthgama and destroyed the police shooting evidences. Justice Minister didn’t want DIG Indran disturbing his effort of establishing Abdulazeez’s colony with the blessing of Old Royals.
UNP Yahapalanaya who protected the Lasantha and Thajudeen murderers dismissed LTTE IGP in the name not investigating Old Royals. But even that LTTE IGP had recommended punishments to Jeyam. Again, Old Brother Prince saved Jeyam from LTTE IGP.
These Friday Falsedom, Sinhala AHRC, WNW, Sinhala ICRC, Transparency International Lankawe Ltd, CPA….. they all are always in these racketeering, but enjoying Mahanayaka status in the medias for their well worded statements. They all are with Chitanta and Yahapalanaya government when all biggest crimes are committed. When they see debits are more and credits are as less in their accounting books, to fool Western donors, they bring all these short of Cobra, scorpion, tick dogs…. stories.
Now another one Tamil has been brought in; LTTE Emil Sinnaiah. Wimal is the only concerned politician or one fearing of repetition of Emil Mahendran, has talked about LTTE Sinniah. Thank you Wimal!
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Shrikharan / August 21, 2017
He is a self confessed police protecting criminals, and not an ordinary cop but an IGP. What he did was a criminal offense using his powers wrongfully to protect people who committed crime. He should be removed from the police.
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Jimsofty / August 21, 2017
[Edited out] Sri lankan IGP should under lot of duress because the media target the people that they do not like. they praise the ones they want. It looks IGP is thretening one. Besides, this is an old Vedeo. CT is being dishonest here. Probably, Tamils do not like this IGP. that is the point there. but, without sounds that can not be proven,.
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K.Pillai / August 21, 2017
Lankan tax payers foot the police wages and those slaving in the MidEast pay for their vehicles and perks but the police service has evolved into a protection racketeers. They protect the power elites. Remember a high ranker going into contract killing business!
The Minister of Justice has not said one word on this furore because he needs protection.
The IGP claimed that he got the job because of prayers. He is a superstitious and compels others to meditate but does not do it himself. He will not “catch” cobras because these are sacred.
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thondamannay / August 21, 2017
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Carmi / August 22, 2017
WEAK LEADERSHIP,
PRESIDENT is a Sevalayaja……
PRIME MINISTER is a Ponnaya….
what a combination, ministers like RK and WR are playing pucks… country will everyday chug along as our system nurtures the incompetent which breads …more incompetence….. the have will have and the have nots will not have…simple which ever way you look.
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