21 September, 2019

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Police Chief Accepts HRCSL’s Guidelines On Arrest

Accepting guidelines to follow when making arrests, Acting Inspector General of Police (AIGP) informs the Human Rights Commission of Sri Lanka (HRCSL) that guidelines forwarded by the HRCSL has been “circulated amongst all police officers”.

Dr. Deepika Udagama – Chairperson – HRCSL

HRCSL, following the Easter Sunday attacks wrote to the AIGP, laying out guidelines to follow when arresting suspects, in order to prevent arbitrary arrests as it tantamount to a violation of the Constitution. The initiation came following several complaints received by the Commission alleging illegal arrests.

“The Commission has recently received a number of complaints alleging illegal arrests. Some pertain to arrests made due to cultural misunderstandings or uncertainty and others due to suspicions expressed by members of the public,” the letter dated July 2, 2019 states.

In reply AIGP’s letter dated August 5, 2019 states that as per the direction of the HRCSL and guidelines forwarded, an instructional message has been circulated amongst all police officers to prevent arbitrarily and unlawful arrests of persons.

The Commission pointing out several examples state that arrests have been made due to cultural misunderstandings or uncertainty and others due to suspicions expressed by members of the public.

In the immediate aftermath of the Easter Sunday attacks with the need of heightened security several arrests were made without sufficient evidence and the commission observes that in some cases the investigations are conducted after the arrest.

The four guidelines issued by the Commission states that “whenever an arrest is to be made there should be solid evidence to form a reasonable suspicion pursuant to proper investigations and not merely on hearsay, where cultural issues are involved, such as the identification of religious symbols or identifying contents written in an alien language, proper expert opinion should be obtained, where identification of chemical substances or contents of computer files or video footage or the like are involved expert opinion should be obtained, and that it is vital that the arrests are made not before, but after receiving credible information based on expert analysis and opinion, and on reasonable suspicion”.

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  • 16
    4

    Why you have been detaining one of patriotic Islamic scholars Ustaz Hajjul Akbar for some alleged connection with some radical groups. . Ustaz Hajjul Akbar is one creative thinkers and Islamic Scholars with the thousands of disciples across Sri Lanka. The Sri Lankan government has detained him unlawfully without any substantial evidence for his involvement in any illegal activities. Yet, this moderate Islamic scholar has been talking against all forms of Islamic extremism. He never incited violence and extremism. He has been promoting peace and community harmony in Sri Lanka for the last 40 years. He has been promoting the peaceful co-existence of different communities. Above, he has created the concept of good citizenship and good governance among Sri Lankan community. He has working day and night to promote Sri Lankan national interest and Sri Lankan national identity. He put the national of interest of Sri Lanka over his personal interest. He is a national intellectual assert not only from Muslim community alone for all Sri Lankan communities. He does not speak for Muslim community alone but for the entire Sri Lankan communities. He has been challenging Muslim radical groups including the culprits of the Easter Sunday attackers. and yet, to accuse him of having connection with any radical groups does not make sense at all. It appears Sri Lankan government has been misled by some radical groups. He is an innocent Islamic scholar and we strongly believe that his detention is unlawful. So, we appeal to all international human right commissions to speak out against this unlawful detention. Moreover, we appeal to all politicians in the UK to speak out about this injustice. The Sri Lankan government is detaining him without any access for his lawyers and family members for the last two days. His detention is against all international legal norms and against the teaching of Buddhism and humanism.

    • 7
      4

      DU: Please stop these ‘culture’ games which are part of the weaponization of religious identity politics by Superpower Terrorism, and focus on some real human rights violations such as the displacement of the people of the Chagos islands by your US and UK funders!

      HRCSL should be asking for an investigation into the foreign hands involved in the staging of the Easter Sunday attacks for which the whole Muslim community is blamed, and now being attacked by Buddhist fundamentalists. Saudi-funded Hizbullah in Kathankudi and Rishad Bahtudeen in Mannar are supporting the USA and its Special Operations Forces (SOF) which own and operate Islamic State and the IS narrative and Master-minded the Easter Carnage to weaponize Islam and Buddhism and create religious riots in Sri Lanka.
      The Muslim community must stop distracting itself with women and focus on identifying the corrupt politicians who work with the US and Saudi to stage the Easter attacks and land grab for the American Military Base project in Trincomalee and Mannar Island and WIllpattu
      Rishad Bathudeen is working with the MCC project to land grab and control transportation in Sri Lanka for its military base and Colombo BIA Trinco servicing, that is gathering steam and this time.
      Muslims could do a big favor to Sri Lanka by pointing to the the single biggest Terrorism and national Security threat that Sri Lanka faces at this time –US terrorism and MCC and SOFA project to turn Lanka into a military base and land grab, and the need to hold corrupt Muslim MPs who are the US cats paw in the MCC land-grab project accountable. If this is not done, innocent Muslims are being attacked by Buddhist fundamentalists and the US project to weaponize ethnic and religious identity politics in Sri Lanka and get SOFA signed.. continues

      • 0
        0

        This comment was removed by a moderator because it didn’t abide by our Comment policy.For more detail see our Comment policy https://www.colombotelegraph.com/index.php/comments-policy-2

      • 1
        0

        Yes, Easter State-funded super-power economic terrorism and lack of economic Rights and justice for Lanka should be the focus of HRCSL.

        Also needed investigation the Garbage that came from the British Indian Ocean Territory (BIOT) /Chago Islands where the US military base that violates the Chagos islander’s rights is.

    • 9
      3

      Dr. Deepika Udagama-Chairperson- HTCSL,

      Thanks for bringing to the front burner and making all the law enforcement aware of the injustices being made to innocent suspected criminals and terrorists. Of course, the real criminals and terrorists must be flushed out, without suspecting a whole community. This will further alienate the Muslim community and create more criminals and suspects.

      Now let us look at the case of the Kurinegala Doctor, who was framed by the Para-Sinhala Para-“Buddhist “ racists, who have distorted Buddhism and is an insult to the Buddha. Why are they at large? Why not arrest them for false information?
      Already two two of the so-called victim women are pregnant.

      • 3
        2

        Amanasiri,
        ‘who was framed by the Para-Sinhala”
        —-
        Can tell the truth to the donk*y that Sinhalayo are not ‘Para’ but cannot force the donk*y to accept the truth.

        • 3
          2

          Eagle Eye,

          Para-Sinhala Para-“Buddhists” do not understand modern genetics, and molecular biology. For them, mean IQ 79, the Sun still goes around the Earth. Mitochondriial DNA confuses the Simpleton Para-Sinhala.

          Is stupidity a virtue for them? Perhaps, 71 years after the leadership of the Para-Sinhala , and Para-“Buddhist “ governance, the national debt to GDP is about 80 percent.

          • 0
            0

            Sinhalayo understand modern genetics. Amanasiri tried to fool Sinhalayo using genetics. Decendants of slaves with low IQ can’t understand scientific evidences from archeological research.

    • 3
      0

      Mano Ganesha Minister of Reconciliation time to hand in your resignation… what have you done for Tamils and Sri Lankan citizens with your bloody ministry? Nothing… we don’t want fake Ministers like you resign if you don’t know how to run your ministry…

  • 16
    1

    Has the HRCSL made any study in regard to the several cases where credible evidence was available and when the urgent necessity arises to arrest the suspects, that such arrests are prevented by resorting to court action. Recently, we saw how even the very authority who gives instructions for arrests of suspects, when met in courts assures to courts that such arrests would not be made. Even an IGP publicly , in a telephone conversation “Assured” a Minster that an individual would not be arrested, All such “Preventive” measures were and are taken by “High Profile” suspects, even though very credible evidences are available after very exhaustive and pains taking investigations. Shouldn’t the HRCSL study such recent cases where “High Ranking” suspects have very craftily avoided arrests, and recommend such laws be “Reviewed” in the larger interest of the people? Why allow the “Big Sharks” to play around and avoid lawful arrests?

  • 21
    1

    They truly messed up after the terrible Easter Day attack, and seemed to be prodded by certain racists, to arrest, and harass, innocent people. Whatever happened to the poor woman who was accused of wearing a Buddhist symbol on her dress? It later turned out to be the wheel of a ship. Did they apologize to her for embarrassing her, and terrorizing her? Then take a good look at the poor Doctor in Kurunegala, whose life was ruined, because jealous colleagues, and vindictive DIG, aided by a cheap racist newspaper, that basically poisoned the well, resulted in this poor doctor, and his family having to suffer these false accusations. To date there has been NO evidence to back any of these accusation. Can people be so jealous that they will stoop to lies, framing people, and making unfounded accusations? Yes, apparently in Sri Lanka they do. The minority have been the victims of it far too many times.
    It is time people who make unfounded accusations, were made to face the consequences.
    Our law enforcement officers, and Investigators, must change these methods of madness.

    • 19
      0

      Chitra

      I feel very sorry for the poor doctor who was a victim of unfounded allegations while performing his duties. The news paper involved in publishing lies about the doctor should be taken to task and tried in courts for the damages done to this doctor and am sure the compensation due to the doctor by the owners of the news paper will amount to billions of rupees. The owner’s properties inclusive of the press, the houses and landed properties and cash they have will not be enough to pay the doctor as damages, not forgetting the compulsory jail sentence involved.

    • 2
      8

      Chitra,
      “The minority have been the victims of it far too many times.”
      The Native Sinhalayo and Vedda Eththo have been the victims of ‘Para Demalu’ from 3rd Century BC. ‘Para Demalu’ who came as invaders massacred tens and thousands of innocent Sinhala people and destroyed Sinhala Kingdoms in the North-East. ‘Para Demalu’ who were scared of ‘Gun Power’ of colonial parasites kept quiet during colonial period. During colonial rule, the invaders were brought to this country as slaves and dumped them. After British left, the descendants of Demala slaves started from the point their ancestors stopped and massacred Native Sinhalayo.

  • 15
    11

    This is Madame Deepika’s usual gimmicks. There are many Tamils arrested by falsely accusing Dr. Sivarupan. Her rules only about if one Muslim is arrested. She specifically excluded the innocent Tamils out of her list.

    This anti-Tamil HRCSL will not open their mouth on Dr. Sivarupan’s case buy advocating only about Dr. Sharif. It is because HRCSL has convicted the Tamil Doctor as LTTE, but not the Muslim Doctor as Appe Aanduwa sponsored ISIS. That is why Deepika is concerned only on that?

    Now a Tamil woman is arrested saying she was wearing Buddha’s pictures. The faces on that sari are looking like a Monkey’s. May I ask question? Mahavamsa is saying Lankawe residents have a wild animal face because they are descendants of a lion. If Indian Buddha’s face would look like an Orangutan, is that why the tooth in Kandy is bestial long?

    • 23
      4

      Doctor in Palai was arrested only because he is a witness to war crimes committed by security forces under the command of Shavendra Silva. It is after his appointment as army commander that several caches of arms and ammunition are surfacing all over the place and the bogey of LTTE being resurrected hitting the headlines. HRCSL must intervene in this matter and get him released as this is a case of vindictive action to intimidate him. If HRCSL fails to do so, it will not escape being labelled racially biased.

    • 8
      3

      Mallaiyuran,
      .
      “It is because HRCSL has convicted the Tamil Doctor as LTTE, but not the Muslim Doctor as Appe Aanduwa sponsored ISIS”
      .
      Dr. Deepika is not a judge to convict someone. She is doing what she is appointed for, HR. Every time she is in the news that is linked to Muslims, you become an instant cry-baby, and somehow find a similar incident linked to a Tamil faster than Google and say that she is bias. Then Out of anger, you also blame the other victim. Palai JMO case is still too early to say that she doesn’t speak for. Why can’t you think there is someone who talk for minority rights?

    • 4
      18

      Mallai yuren: Tamils are all over the world. So, Sri lankan Tamils are expendable.

    • 3
      0

      Mallaiyuran

      The innocent, poor woman who wS arrested because of a symbol on her dress was not Tamil. She was Abdul Rahim Mazaina, a Muslim Kolongoda resident.
      Get yr facts right!

      • 2
        2

        Manel Fonseka,

        That is the purpose of my writing. Everybody, including Deepika, are only talking about the Muslim Women. But the entire Lankawe is purposefully blacking out the Tamil women’s arrests. The face printed on her sari is not a human face; not even a Greek statue picture, only of a kind of wild money, appears in Borneo like jungles. Who authorized the police to arrest her?

        • 2
          2

          What happens if the Buddha’s prints were in the inner garments.

        • 0
          0

          Sorry, Mallaiyuran, I was still thinking of the Muslim woman with the ship’s wheel. I hadnt caught up with the next absurd/outrageous arrest of a Tamil woman.
          This ‘monkish’ behaviour is intolerable and it’s high time Buddhist got together and demanded a code of ethics/behaviour for the men in robes.

      • 1
        1

        Dear Manel Fonseka, the incident involving a Muslim woman which you are saying took place in Hasalaka a few months ago. This incident in Trincomalee a few days ago involved a Tamil woman who was waiting in the bus stand to go to Jaffna. There is a video footage of it circulating in the social media, where the woman is without doubt a Tamil and not a Muslim. Please check before making such statements, as it will be taken that you are trying to cover up a crime committed against a Tamil.

        • 1
          0

          Dr Sankaralingam
          You are right, I posted too hastily and I have just apologized to Mallaiyuran.
          And far be it from me to cover up a crime committed against any ethnic group, let alone the Tamils; I am vehemently and actively anti-racist.
          In fact, your suggestion reminds me of an accusation made against me many years ago here, by a prominent Sinhala legal academic, of being partisan where Tamils were concerned. She said that I (and others involved with me) were so busy speaking out for Tamils who were being attacked/disappeared, etc, that we were blind to what was happening (at the hands of the govt) to Sinhala youth. That was as the 2nd JVP insurrection was beginning. And I have a vague memory of writing something in response when a similar accusation was made by Susantha Goonetilleke.

          • 0
            0

            Manel Fonseka, When you know you are right to your conscience, no need to apologize or explain to rude crabby characters likes Dr. Gnana Sankaralingam

  • 5
    13

    If the suspect is very suspicious as that happened in a London Railway station, run behind him and shoot him on the head.

    • 4
      1

      Just a Donkey – Let’s hope that somebody run behind you and shoot you on your head!

  • 6
    0

    IGP KNOWS HE IN HIS ACTING CAPACITY HIS DAYS ARE NUMBERED AS WELL AS DEPIKA UDAGAMAS POST.FROM THE SUB INSPECTOR TO IGP THEY TAKE ORDERS FROM POLITICAL MASTERS NOT FROM OFFICIAL HIGH COMMAND. WHAT HUMAN RIGHTS IN SRIALANKA IT WAS BURIED IN MULLIVAIKAL IN 2019-JAYAWEWA.

  • 2
    0

    Just advising the Police is not enough. There should be special workshops where groups of police officers are coached and educated and a written examination conducted to see how much they have comprehended their duties. Just advise will not work. Also they should be advised not to cater to politicians requests or commands and that will not hold grounds for their well being in the long run from taking many practical examples.

  • 1
    1

    Do not get duped by this cosmetic exercise and get lost in any Utopian Dreams.

  • 3
    0

    Bravo HRC. Police should not arrest any person unless they are 100 percent sure that a prima facie case exist. Dr. Shafie was arrested when some one said that he has large assets. No investigation was done.No amount of compensation can reverse the damage done to his family. People say that politicians have amassed wealth they cannot account for but so far none has been arrested without an investigation.

  • 3
    0

    Muslim Marriage and Divorce Act (MMDA) is a human rights issue. Has HRCSL taken a stand on this?

  • 1
    1

    Could you please review the arrest of Pujiha Jayasundara and Hemasiri Fernando. It is extremely important to reviewit Really have you done that because it is much more important than these.

  • 1
    1

    It’s all farce. You will never expect anything justice from Ape Anduwas. We the minorities
    Sink into the vain hopes but nothings. Still the Culprits behind the Eastern Carnage not brouht to the books. These arrests are just time buying. Already ‘Jesters’ started their campaigns for the Jokers for
    the upcoming Elections. We can still watch some comedies in the Isle in the near future.

  • 1
    0

    In Brazil, the incumbent president, what was contesting the election, was arrested with, which now appears to be fake corruption charges. It looks another Fake LAW enforcement and Judiciary or the legal system did it. Then this completely new President became the only winner from the election. New president did not know how he was elected. Even those, from overseas, who elected him say it is their media which did it. I think, HRCSL says that is what they are saying.

  • 1
    0

    I think HRCSL is partial. Govt has given police powers even to Tri forces to arrest where ever they see Zaharan and innocent Tamils. I wonder why HRCSL owner did not talk about that.

  • 1
    1

    Accepting HRLSL by the DIG is good but acting sincerely on it will be better.

  • 0
    0

    Does Sri Lanka have any Laws defining what Freedom of Assembly ?. It should not give permission to engage in any kind of violence on lives and properties including the environment. Even if they damage a Lawn or throw chemicals here and there, that should be environmental damage and/or violence

  • 0
    0

    The HRCSL’s “Guidelines On Arrest” must be sent to the Armed Services as well.

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