30 September, 2020

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Police Killing Hand Cuffed Suspects: Explanation Smells Extrajudicial Killings – Bar Committee

“The explanation given by the police regarding the death of three suspects who were under police custody arrested in connection with the killing of a police officer and his wife at Kamburupitiya, is unacceptable and the whole incident smells of another case of extra judicial killing” says the Standing Committee of the Bar Association of Sri Lanka on Rule of Law.

“Any person accused of committing criminal acts has a right to be tried according to law.  The police cannot be allowed to try and punish persons accused of crimes however serious they may be.  This will amount to usurpation of judicial power by the police and the persons responsible has to be dealt with under the law of the country.” issuing a statement the Bar Committee said today.

We publish below the statement in full;

 Inspector General of Police

Inspector General of Police

The explanation given by the police regarding the death of three suspects who were under police custody arrested in connection with the killing of a police officer and his wife at Kamburupitiya, is unacceptable and the whole incident smells of another case of extra judicial killing.

The explanation that the 1st suspect arrested was killed by police firing when the suspect (was hand cuffed) tried to pick up a weapon to shoot at the police officer, when the suspect was taken to recover the weapons used in the crime and the explanation given regarding the deaths of the two suspects attested few days later that the suspects have fled from police custody (hand cuffed), and jumped into the Denagama tank is hilarious.  The circumstances surrounding the death of these suspects need investigation by a special commission.

Any person accused of committing criminal acts has a right to be tried according to law.  The police cannot be allowed to try and punish persons accused of crimes however serious they may be.  This will amount to usurpation of judicial power by the police and the persons responsible has to be dealt with under the law of the country.

This is not an isolated incident.  It is seen that during the last few years large number of such incidents of death of persons in police custody has been reported and the explanation by the police in all such cases has been identical.

The killing of a person in state custody is a heinous crime as the state is said to be the guardian of its citizens and it is considered that state custody is the safest custody.

Blatant violations of fundamental rights guaranteed under the constitution has to be condemned and the government owes a duty, if it respects rule of law, protection of human rights and democratic values to take immediate steps to appoint a judicial commission and clear the doubts that the people have for very valid reasons.  If not it will have a serious infact on the image of the country in respect for rule of law and human rights.

The developing trend is dangerous no one can lay down limits to such actions and it may be not long before even opponents of the establishment will be dealt with summorarily in this manner.

These incidents have created a doubt on the efficacy of the law enforcement establishment to deal with crimes of this nature and the will of the government to protect human rights of its citizens.

Lal Wijenayake                                                                 Priyantha Gamage

Chairman                                                                            Converor

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Latest comments

  • 11
    1

    This is the state of affairs under MR. All because of the all-powerful executive presidency. Let’s unite to get rid of it.

    • 0
      0

      Agree. Police crimes have reached fever pitch under corrupt Rajapassa clan. However, it is nothing new.

      All Sri Lankan regimes since Independence have done exactly the same.

      Both SLFP & UNP regimes are responsible for brutal HR violations of all Sri Lankans.

      Sri Lanka Police is an extremely politicised, highly corrupt, brutal, criminal organisation run by pathological liars as senior officers. Truly sad.

      Cheers!

      • 0
        1

        we need them in places where Tamils living. Otherwise how can we change the demography of tamil population in Tamil area. How can we make those places with more Sinhalese. Therefore as long as they carry on this criminality in Tamil areas it should not bother us.

        • 1
          0

          You are an honest Sinhalese, this is what Tamils are telling the world.

          Please keep saying the truth, unlike the Government denying the genocide of Tamils, you are advocating continued genocide.

      • 0
        0

        Ben Hurling…………Sri Lankan Police VS NYPD brutality, compare and contrast. Do you think Sri Lankan Police is less brutal than their counterparts in rest of the world. …..British Banda thinks so. …… Would you now suggest any new ideas to the police in this island as how best to cross the threshold, excellence in brutality. ……. Banda would be grateful to you.

      • 0
        0

        Ben,

        Trying to provide some measure of comfort with the comment “However, it is nothing new. All Sri Lankan regimes since Independence have done exactly the same” amounts to condoning the growing criminal activities of the regime. (Dayan does this all the time – but he has to do it to survive.)

        It may be useful to remember the wisdom “it is not where you are, but in which direction you are going”? Your statement “crimes have reached fever pitch” does indeed confirm the direction and the dynamics of the deterioration of civility in this once-proud nation.

        • 0
          0

          KumarR,

          I am sick of crimes and violence committed by Sri Lanka Police. An Institution entrusted with the noble task of protecting the innocent.

          My point is we are living a dream, should we believe chasing corrupt Rajapassa cronies out of power will solve this horrific problem of “Mafia Police”. Faced by all Sri Lankans.

          Both UNP & SLFP are complicit beyond any doubts in using Sri Lanka Police to commit these unforgivable crimes.

          If we are to solve these grave problems we need to think beyond switching from SLFP to UNP. That’s all.

          Otherwise I share your concerns and agree with most of your comments.

          Cheers!

    • 0
      0

      Where can I get some medals like IGP? The police are great and I would like to praise them for the great work they do for the community. If there’s a law it applies to everyone, that’s what I love about this country. Great stuff Mahinda, you done a great service.., the way you behave shows shows what kind of man you are, our kids will be able to learn a lot from leaders like you “prosper” in this life.. Long live this system.. hip hip hooray..

  • 5
    1

    The Criminals who did dirty jobs for the corrupt Regime are being erased before they open their mouths.

  • 5
    0

    my god this is happening to our people now because we keep our eyes closed when these kind of EJK had been going on since the British left the Tamils in the mercy of Srilankan state terrorists. These could be executed in day light , once killed we justified they were LTTE. This is how we invite C4 and Francis Harrison to find out the truth. When the truth comes to light we get angry.Any way to live peacefully?

    any chance could one of the murderers could send their vedio entertainment/celebration when they torture and kill these victims to some human rights organisation or C4/BBC?

    • 1
      1

      Yes I agree that police and even MPs and local politicians now murder people as a summary punishment without resorting to prior legal processes, and the outcome at the courts. But to mix it with LTTE activities is totally misguided. This guy speaks from his backside ofc.

      • 0
        0

        No sinhala friend is speaking the truth which is unplatable to you.

        • 0
          0

          correction: unpalatable

  • 2
    0

    While it is very commendable that the Bar is taking these initiatives against illegal and criminal Policing activities so wide spread in this blessed land. However, it is worth pointing out that if the Bar Committee was impartial to start with, and had taken action against these types of high-handed Police activities over the last thirty years or more in the North, these criminal Police activities would not have been encouraged to survive and to migrate to the South. Perhaps it is kind of too late – only time will tell! Note that the Bar is also culpable in this, having failed in its responsibility over the last thirty years by ignoring the same crimes committed by the Police, apparently only because they were committed in the North. Are the citizens in the North entitled to the same protection from Police abuse as those in the South by our justice system and the Bar?

  • 5
    2

    Every sinhala buddhist agrees that the police has the right to torture, rape and murder anyone they wish.

  • 6
    0

    Wonder how things would have been in the North and East……

  • 2
    6

    Those killers deserved this kind of death.Bar committee talking bulssit

    • 4
      2

      Then why do they have the court, lawyers etc. Even animals kills other animals when they are hungry or threatened. Is this the “SINHALA BUDHIST” law?

    • 2
      1

      Ajith Dissanayake,

      Consider having a barbed wire inserted into your bottom.

      Cortesey your local Police Station. They would love to do it for you, I guess.

      Many Sri Lankans have experinced that and call it torture.

      Cheers!

      • 1
        0

        “Courtesy your local Police Station.”

        • 0
          0

          The police insert a plastic tube (containing the barbed wire inside) into the anus of the victim and then pull the tube out leaving the barbed wire inside.

          This was explained in a You tube video in the UK by a Tamil tortured in Sri Lanka.

    • 0
      0

      Ajith Dissanayake ………..:

      …..The Huffington Post reported…. “Intelligence Study Links Low I.Q. To Prejudice, Racism, Conservatism” ……………… I thank you for your full cooperation with the researchers.

    • 0
      0

      So then why are the multi criminals like MR, GR and Mervin Silva being not punished ?
      Why did it end up in favour of Duminda Silva ? He was the key accused and why president involved in their to punish the victimized… ?

  • 2
    5

    Those killers deserved this kind of death.Bar committee talking bulshit

    • 0
      0

      You would be singing a different tune if your loved ones were accused of murder by police .

  • 1
    0

    Citizens in custody of police and prison officers have been dying due to ridiculous reasons forwarded by these government institutions,for past many decades.
    The Bar Association has appeared to have woken up at last.
    Most of these deaths have not been subjects of inquests conducted by judicial officers,as required by law,after the victims’ bodies have been examined by judicial medical officers.

    These deaths appear to be ‘official executions’.
    The report on the recent Welikade Prison deaths is not yet published – it appears that the reason is that one member has ‘disagreed’!!
    A climate of ‘impunity’ appears to exist with regard to these deaths.

    Now that CHOGM has come and gone,the ‘commonwealth values’ should be rigorously applied in the matter of citizens’ deaths in custody.

    • 0
      0

      This “disease” was there from the 1950s when the Tamils were killed in the thousands in broad daylight, in the streets of Colombo, in the Welikade prison and elsewhere with aiding and abetting from police, army, ministers and bikhus!! Now everyone is talking because it is affecting the Sinhala people.

      How many Tamil people were killed in Jaffna by aerial bombardment, shelling, shooting etc. even when they were sheltering inside temples, schools and churches!!!How many thousands innocent Tamils were killed in the final assault in 2008!! No one said anything, but adding insult to injury celeberated the deaths!!

      Now the Sinhalese are reaping the harvest. Even now Tamil areas are not safe for civilians!! Rape, murder, land grab, robbery, arrests still continue un abated!! When it comes to Tamil victims, the average sinhalese keep quite and don’t seem to be in DENIAL!!

      • 0
        0

        sorry. the last sentence should be “when it comes to Tamil victims, the average Sinhalese keep quite and seem to be in DENIAL!!

  • 1
    0

    This is the very reason as to why the government refuses to ratify Rome Treaty that set up the International Criminal Court of Justice to charge those who abuse office and engage in crimes with absolute impunity.

    • 0
      0

      DESHABANDU,
      SOMETHING ABOUT NOT SUBSCRIBING TO THE ROME TREATY THAT DOES NOT SIT WELL WITH LOGIC.

      ONE WOULD BY EXTENSION ALSO SUPPOSE THAT SHOULD A CITIZEN NOT SUBSCRIBE TO A SPECIFIC PIECE OF CRIMINAL LEGISLATION THAT CITIZEN CANNOT BE HAULED BEFORE COURT TO BE TRIED FOR MURDER !!

      LAW, WHETHER DOMESTIC OR INTERNATIONAL. HAS AS ITS OBJECTIVE THE BRINGING TO JUSTICE THOSE CHARGED WITH CRIME.THAT BEING THE CASE, THE UN NEEDS TO USE ITS AUTHORITY TO DECLARE THAT IRRESPECTIVE OF WHETHER A ROGUE STATE SUBSCRIBES OR NOT TO ANY SPECIFIC INTERNATIONAL LAW, CONVENTION, TREATY AND SO ON, IT DOES NOT EXEMPT THAT STATE FROM BEING MADE SUBJECT TO SUCH LAW OR CONVENTION. LAWS AND CONVENTIONS MUST BE MADE BINDING ON EVERY COUNTRY.

      ELSE, OF WHAT EARTHLY USE ARE SUCH LAWS AND CONVENTIONS IF THEY APPLY ONLY TO NATIONS WHICH HAVE SUBSCRIBED TO THEM ? SOUNDS EXTREMELY STUPID TO ME.

      NOT SUBSCRIBING IN EFFECT ISSUES SUCH ROGUE NATIONS AN OPEN LICENSE TO KILL. A TREATY, CONVENTION, LAW…WHATEVER, INHERENTLY THEN EMASCULATES ITS OWN SELF BY EXCLUDING CRIMINAL STATES FROM CULPABILITY AND JUSTICE.

      SOMETHING VERY MUCH SCREWED UP HERE…. ALMOST AS IF ROGUE STATES HAD A VERY POWERFUL HAND IN DRAWING UP THESE CONVENTIONS AS A MECHANISM TO CIRCUMVENT BINDING INTERNATIONAL LAWS.

      MAYBE A LEGAL EXPERT CAN SHED SOME LIGHT ON THIS…OR PERHAPS THE CT COULD SPONSOR RESEARCH PAPERS ON THE SUBJECT AIMED AT ENSURING THAT CRIMINAL STATES CANNOT USE ANY LOOPHOLE TO ESCAPE BEING MADE ACCOUNTABLE UNDER LAW FOR THEIR CRIMES.

  • 0
    0

    Thousands of people have gone under the same plight during 71 and 89 insurrections and another tens and thousands during the 30 years of war with Tamils.No one have opened their mouth and allowed it to continue or even supported.Now the tern has come again to south.I heard that another suspect was also killed at a “confrontation”with police in the same case.This is the policy followed by Gota at the last phase of the war.”Catch and kill” “Catch rape and kill” “Kill all members of Prabakaran’s Family” now the same thing happening in the south.Wait and see you will get more and more such stories in the near future.

    • 3
      0

      yes yes very good dicision took by our hero Gotabaya. Ponna Prabakaran couldnt hide and destrroy sri lanka more than 30 years. Your sungoat finaly surrendered to the Sri lankan Army and beg for a life. What happened his suisider’s mission??????? only death and RIP in hel with shit. if you think your tamil minorities and underastimat yourself.Think as Sri lankan

  • 0
    0

    .
    Isn’t this Navi Akka said before she left.
    :-)

  • 0
    1

    Is anybody investigating these extra-judicial killings? We have had so many such murders by police of suspects to crimes but no one asks questions and the judiciary is silent. I applaud these lawyers but their protests will fall on the deaf ears of the Rajapaksa regime.

  • 0
    1

    Silly men or women, don’t drag sinhala Buddhists into this. Just because Mahinda R shows off as a Buddhist! For most he has taken his wife’s religion?? We also don’t really know whether he is a Sinhalese or Mongolian? Why bring race and religion to ugly behaviour of homo sapiens? All those who claim to be of a particular race, how do you know? Have you compared your genes with your neighbour’s who is of another race?? You may have changed your religion ? You 2 generations ago would have been another religion??

    Has any one compared the behaviour of this government with Hitler, Saddam, or Obama who were not sinhala or Buddhist! !!!
    The judicial process is managed by a catholic Pieris! The finances are managed by a catholic cabraal! Are they Portuguese? Is Duminda S a Sinhala Buddhist? Talk on the point of impunity which is the basis of this story!!

    For God’s sake (if you believe in one) STOP HATE MONGERING OF RELIGIONS OR RACES,!

    • 0
      0

      Gaje, absolutely right. Good observation. We have no idea who is running the country. All of us are caught in it. Look at Bandula, does he look like Sinhala. Mongolians or Jaa, most Rajapakshas except Chamila look foreign to me. They could have been related to Genghis Khan but it does not matter everyone is trying to wear the cloak of Buddhists, when hardly anyone in Sri Lanka is Buddhist except by being into such family. I still keep in touch with my Tamil high school master; we had a good relationship based on mutual respect, and built up over the years with trust and friendship, I still go and see him. No problem. Despite what politicians have done to us, we remain friends to this very day.

    • 0
      0

      gaje ……………Sinhala/Buddhism is the root cause of all evil in this island. …………Why don’t you convert to Buddhism. Give it a try, you will feel better and humane. ………………………My first duty to humankind is liberating Buddhism from Sinhala/Buddhist. Give us your support.

      • 0
        0

        LOVE THAT NATIVE..YOU HIT THE NAIL ON THE HEAD ” LIBERATING BUDDHISM FROM SINHALA BUDDHISTS. A TOUGH ONE HOWEVER ! I THINK IT WAS KHALIL GIBRAN WHO SAID HE’D CONVERT HAD HE MET ANOTHER CHRISTIAN BESIDES JESUS CHRIST.IN FACT HE SAID ” COME THOU PALE NAZARENE AND DESTROY THEM THAT BUILD THE CHURCHES UPON THE BONES OF THE FAITHFUL’.

        THE DEATHS OF SINHALA SOLDIERS ARE TODAY USED BY EXTREMISTS TO DRUM UP PRO-BUDDHISM FERVOUR AND ANTI-TAMIL [NOT ANTI-LTTE NECESSARILY] SENTIMENT. BUILDING TEMPLES UPON THE BONES OF THE DEAD ONE MIGHT SAY.

        WHAT A WORLD! WHAT CRIMES COMMITTED IN THE NAMES OF RELIGIONS..

  • 0
    0

    In country where the IGP can and has been abused in raw filth and even assaulted by the President of Sri Lanka nothing can be investigated properly. No official can do his job impartially. The President needs to be arrested and thrown in jail as the first priority. But of course that will not happen since he enjoys immunity. So we carry on. The latest is that he abused the current IGP in filth over the phone over the BMICH fire. He seems to be very angry at the Bandaranaikes again and apparently wants to burn down the BMICH and BIA. CBK must be up to something.

  • 0
    0

    Of course, state custody is the safest (like at BINDUNUWEWA). Of course, any extra judicial killings must be investigated (like at BINDINUWEWA). Of course, those found guilty must be punished (like at BINDUNUWEWA). Of course, anybody found guilty MUST be pardoned (like at BNIDUNUWEWA). Part of our Sri Lankan way of life. Always has been, always will be. What to do?

  • 0
    0

    The bodu bala sena is ok with this it seems?? Kill all the humans you want but dont touch the cows! Or they’ll be at your doorstep with buddist thugs! Yes Gnasara, this must be HALAL in your books! Lets ignore what these buddist police officials and the buddist killed criminals did! Instead lets try to remove muslim womens clothes, cry murder when cattle is slaughtered for food, and make an enemy out of halal certification! 10 buddhas wont be able to put any sense into you Dumb heads! You are a murderous, hate filled race that has done nothing but corrupt this country since independance… Blood thirsty vampires!

  • 0
    0

    The Country has to protect its citizens

    What we have here is the State killing its citizens – may they be Tamils or Singhalese or any of the other ethnic groups

    All these years for various reasons the citizens were immune or made to be immune to these killings. when life got worse most citizens thought this was the way to resort order in a chaos country

    Today we have peace in the country, now we have to fight for our rights open our eyes be it Singhalese Tamil and all other – this government is taking away our identity and imposing separist views so that they can hold on to power for ever like Mugabe of Zimbabwe

    SL is an island paradise we should not allow our leaders to turn SL into a zimbabwe like what Mugabe did. Mugabe was a freedom fighter who fought and won indipendance for Zimbabwe from UK. At the time of indipendance Zimbabwe was known as the food basket of Africa … today its citizens are without food

    People must be aware and not follow the leaders like goats & modayas

    In Corruption Perceptions index – SL rank of 91, index shows that the people think that SL is highly corrupt and that there is abuse of power by giving a low score of 37 out of 100

  • 0
    0

    I am a Sri Lankan but internationalist who oppose injustice to all people Including Tamils and Sinhalese etc.My point is that the extrajudiciary killings are based on the policy of MARAs regime which was implemented by his Brother GOTA.

  • 0
    0

    Native vedda;
    Has to be a non Sinhala aborigine (veddas are)! You want me to be a Buddhist! Because of my short name gaje you thought I was Tamil! Does it matter to speak about reality? I probably have been a Buddhist for longer than you! I have been to the biggest and the most renowned Buddhist school in the country! My parents were so called Sinhala and I happen to be one too. However who knows? 4-5 generations back we may have been something else!! It is your behaviour and attitudes that matter not the label that you hang around your neck! Have you heard of metta, muditha upekkha? You are no buddhist! Why? Because you believe in discrimination between races and religion! You have hatred against non buddhists! You are in the process lying that you are a buddhist because you are not a true buddhist! Most of the hate mongers are not true buddhists likethe BBS. Were these the teaching of Buddha?
    When Gajabahu or Mogalan brought Chola soldiers to fight, what happened to them? They merged with the so called Sinhala? What about the Tamil fishermen who drifted from south india and landed here? They are sinhalese now? What happened to the Javanese who landed in S(H)ampon-tota? Some are Malay others merged with Sinhalese! Sinhala fishermen who drifted to Maldives are Maldivian Muslims today!! What about Alexander’s great army that went across Pakistan and Afghanistan? They are now anti European Taliban Muslims (used to be Buddhists!)
    So called sinhala Buddhists who bang their chests are probably 15% Benghali of Vijaya descent, 5% Aborigine, 15% Tamil, a bit of Portuguese a tint of Dutch and British due to Kandyan hospitality! Maybe some African genes. Better get their Mitochondrial DNA and Y gene analysed to find where their purity come from! Search the web to find the answer to my query about your Royal Blue blood running through your precious sinhala buddhist blood vessels
    A SINHALA BUDDHIST!

    • 0
      0

      I do not know of any Buddhist who have hatred towards any non Buddhist! Do you know any? People discuss about the Portuguese, Dutch and British(British converted people by rewarding financially and giving scholarships to UK etc), who tried to destroy Buddhism in SL, about the Portuguese who hooked and threw babies to Crocodiles in Hanwella area (they had crocodile farms) of those who refused to convert. Lots of them were converted to become Catholics this way. But non of them get angry about what happened then. Muslim took over places like Afghanistan, Pakistan, Indonesia, Maldives by increasing the population which is a very peaceful method. As far as the idea of the evolution of Singhala race and the language, I 100% agree with you.

  • 0
    0

    Some years ago there was an organization within the police in USA, who went out of the way to kill criminals such as drug dealers and thugs because they always escaped through the holes in the legal system making a mockery of the legal system and the police who take them to courts.. When a policeman is killed police will go out of the way to punish those who are involved. I don’t condone any kind of killing by any one. Even the death sentence. Some times “do gooders” do a greater damage to a society. “Those who bear weapons will die by the weapons”.

  • 0
    0

    Police has no authority to punish people or suspects.They are there to assist to implement law and order but not to shoot.Unfortunately,in Sri Lanka the police was also made a military force under the defense ministry. Originally it was under the Home ministry.JR who brought it under the defense ministry to use it as a killing force.Now innocent people are being paying the bill.Mind you the suspects are also considered as innocents until the offense is proved.A dangerous situation has been created in which there is no guarantee of protection to any of a suspected persons and innocent citizens under MARA’s( Marayas)regime.

  • 0
    0

    Who ever who is ruling, these kind of things do happen. For example Gonavala Sunil was terrorizing the people in Kiribathgoda Kelaniya area. Police was scared to arrest him, because Ranil would protect him. So police allowed the victims to get rid of him and people who new the truth about this terrorist kept silence and police did not lay any charges against this terrorist.May be the guys who killed the poor policeman and his wife did it because they knew some one who can save them.If they were charged and then freed by the courts they would be walking Kamburupiya streets laughing at police and terrorizing law abiding and meek people.

  • 0
    0

    Of all the comments above only ‘the truth’ just above referred to the possibility of a bigger hand that protects! implying a more culpable hand at this offence of double murder.

    REMEMBER THE TRUE MASTERMIND BEHIND THE BRUTAL MURDERS IS STILL FREE TO CONTINUE TO KILL, owing to the police action of killing all four suspects however justifiable that may be to the police!

    IS the police therefore protecting the underworld gangster or a more senior police man who ordered the hit, as his involvement in drugs was going to be uncovered by the slain cop?

    We do not know the real answer due to the killings, and so all you armchair plaudits, what if you are the next target, because you failed to ensure that the law of the land was adhered to.

    In essence the whole aftermath just reeks of a huge cover-up!!

  • 0
    0

    I welcome what the BASL has done this type of EHK is happening from 1989 when they killed Wijeweera under the same pretext and continuing upto now aND SURE WILL CONTINUE IN FUTURE. I HAVE SOME INSIGHT ONE OF THS INCIDENT WHEN a IP CONTACTED US TO DEFEND HIM after he killed a so called Pathalaya and some cosequences followed after that event. It is pity that IG has not taken any action (by issuing a circular instruction to Police to follow when arrested under similar circumstances)If you attacked a Policeman now you are now guaranteed with death by the police. It is common occurrence now. I know earlier BASL did not look into these issueds because the former elected were merly govt stoogews and some of them reached their choosen taqrget by being able to become PC. At least now we have now people commited to the correct path. I salute them and wish them they will not meet the white van justice

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