19 October, 2017

Six Police Officers Sentenced To Death

By Basil Fernando

Basil Fernando

Basil Fernando

Last week in the High Court of Badulla 05 police officers and a security officer were sentenced to death for causing the murder of Sadun Malinga a 17 year old young boy. The boy and four of his relatives had gone to the town for the purpose of some business when police suddenly arrested them beat them in public and thereafter arrested them and took them to the police station and further tortured them. As a result Sandun Malinga became seriously injured and the relatives who were with is tried to get the attention of the police to get medical care for the boy immediately. However the police ignored all such requests.

Next day the parents of the boy came to the police station and saw his condition, and again tried to get the attention of the police and also some higher up police officers in order to get some medical attention for Sandun Malinga . The police refused and instead, produced the five of them before a lady Magistrate.

When they were produced a lawyers as well as the victim himself tried to get the attention of the Magistrate to the condition which Sandun Malinga was and tried to get her to make an order to refer him for medical assistance. The Magistrate too ignored these requests and did not take any trouble to consider the condition of the young boy. She instead ordered all five of them to be remanded at the request of the police.

The next day morning Sandun Mlinga was with his brother and was suffering from a serious condition and even then prison authorities failed to provide immediate medical attention to the boy and in the morning the boy die d in his brother’s arms inside the police station.

It was for this that the the high court sentenced the officers to death.

The death sentence on the police officers did not receive much media attention. Sentencing of six, persons connected with the police station should have been a news that should have received serious attention of the Sri Lankan society as a whole and for that purpose the media should have highlighted this issue and created opportunity for discussion of the case, so that the meaning of this sentence would have been brought to the homes of people and also to all police officers throughout the country, so that it could have some beneficiary effects in the prevention of similar deaths in the future.

Arrests Without Justifiable Grounds

Among the matters that should have been discussed are first of all the issue of arrest without any justifiable ground. It has become a common feature throughout police stations in Sri Lanka to arrest without any substantial grounds justifying this arrest. There are many instances in which serious injustices have happened and in some in which even very serious injuries have been caused on the innocent persons, simply because the police take this liberty to arrest anybody if they so wish. And most persons arrested by them are even without slightest evidence to connect them to any crime.

One of the most glaring examples of a similar case was the case of Gerald Mervin Perera who in 1992, was arrested without any reason by a number of policemen acting under the instructions of a Superintendent of the police . He was assaulted severely, at the Wattala police station with the hope that he may be able to divulge some information regarding a triple murder. The injuries were caused were so much that it ultimately caused a kidney failure. His life was saved only by the intervention of his wife and some local politicians who facilitated him to go to a private hospital in which he remained in a comma for nearly two weeks.

The matter later came before the Supreme Court of Sri Lanka headed by late Justice Mark Fernando who delivered a landmark judgment in this case. The Supreme Court found that there were no grounds to arrest Jerad Perera and even if they have arrested him he could have easily been released after a first few questions have been asked’ as the police would have discovered that this man knew nothing about any crime. The court went on to observe that even after injuring him the police failed to provide immediate medical care to Jerad Perera.

The Court came to the conclusion that the failure to provide medical care in such circumstances amounts to a violation of a fundamental the right to life. And the Court found that all the police officers have violated the basic right of the accused. In that case the court awarded exemplary compensation ordering the state to pay the full amount of medical costs which was over 900 000 rupees to the private hospital and also to pay a similar amount to Jerad Perera as compensation.

The matters that have not received adequate attention of the national police commission ,the IGP, and the other high ranking police officers in the police service of Sri Lanka, the Ministries of Justice and law and Order and also of the judiciary and the Attorney General’s Department are first of all the issue of arrest without substantial grounds for arresting a person. It is quite well known that in high profile cases which involved politicians who are known to the country, the criminal investigation division CID) takes a lot of precaution in order to have a thorough inquiry to satisfy themselves of the evidence available of an accused before taking the steps of arresting such an accused. However this is not the case at the police station level, where almost every police station arrested persons purely without any warrant or any justifiable grounds for arresting the person. This matter needs very careful consideration and instructions need to be issued either by way of legislation or by regulations in order to stop this practice immediately.

Need for Legislation On Warrants

Legislation that should be brought about is that no arrest except in exceptional cases recognised by law, should be carried out without a warrant issued by a Magistrate. This has been recommended by also the UN Rapporteur against torture an ill treatment and UN Special Rapporteur for Independence of Lawyers and Judges who visited Sri Lanka last year and observed this practice of arrest without grounds for such arrest. However there is no move on the part of the government in order to bring about a legislation to introduce arrest only after a warrant issued by the Magistrate except in exceptional circumstances that are recognised under the law. The National Police Commission has not initiated any type of discussion in order to facilitate such legislation and we hope that in the future it take steps to do so. Human Rights Commission of Sri Lanka has been doing some remarkably good work in the recent past also should they should take up this issue of getting legislation on the requirement of a warrant before arrest of any person except in those circumstances which law recognises as justifying arrest without a warrant.

Torture

In hundreds of cases the courts have made it clear that torture is a grave violation of human rights . However this has made no difference to the practice of torture that is taking place at police stations throughout the country. The reason is that the police take the liberty to arrest persons without substantial grounds for arrest, and try to find out whether there is anything that the person may know about a crime by assaulting him. It has been a trademark of the Sir Lankan police to beat up persons even without knowing anything about such a person, simply with the hope that by beating them up they may speak up and some information may come out which can then be used against them. And all the police hierarchy are fully aware of this practice. So it is with the connivance of police hierarchy that the practice of illegal arrests are being taken place in Sri Lanka followed by severe torture of innocent persons.

The Right to Medical Care

Third issue which comes up is regarding medical care for injured persons. This exposes the sheer inhumanity of people who can injure others and thereafter prevent them from taking medical care because through the medical care their misdemeanours may get to be exposed. The reason why the police do not get medical care for their victims is because, then there will be medical reports and other observations that of injuries which may be used later against them and they may become accused in cases. The way to prevent liability is to hide the fact of such torture and the consequence of such could be like the case of the death of Sandun Malinga.

The Liability of the Magistrate

The Magistrate in this case is also should have been held liable because it was the matter was brought to her notice and she should have taken the trouble to examine and to write the condition of the boy in the case records and thereafter make order to enable the boy to take medical treatment immediately. Had the Magistrate done this the boy would not have died the next day. Therefore the instances in which the Magistrates can become liable for the deaths of those who are brought under their custody should also be very seriously examined. Despite of many recommendations that have come over the many years, for Magistrates to examine whether the persons who come before them are or have been injured, by and large this requirement is being ignored by the Magistrates throughout the country. Neglect when it leads to a death is a matter that should not be ignored. When the neglect of a Magistrate could lead to the death of a person, the liability of the Magistrate for that death should not be ignored.

The Liability of OIC

Some basic issues that could be discussed is the liability of the officers OICS’) in charge of the police stations to prevent illegal arrest, to prevent torture, and thirdly in any case when there is an injured person to get them the medical attention as soon as possible. Further liability of an OIC, is to ensure that no fabricated charges are filed against any persons. Had not fabricated charges being filed against these five persons, they would have themselves taken the trouble to go to the hospital and to have the treatment required for the young boy. That was prevented by a fabricated charge and keeping him under the custody , so that they could not really move to get medical care. Again the motive is clearly to prevent the people going for medical care so that the police officers would not get exposed to the injuries they have caused to the accused. The extent of playing with the lives of the people for the purpose of escaping liability goes to this extent in Sri Lanka and nobody takes any notice about that matter.

The Liability of ASP

Next most important officer that should be held liable for such instances is the Assistant Superintendent of police (ASP) who is in charge of that particular police station. Every police station is supervised by an ASP, and the law lays down the obligation of a senior officer, who he is responsible for the proper conduct of all activities within a police station. And it is the duty of the ASP to make regular visits to a police stations, to take action when he gets to know such as torture, or illegal arrest to take steps to prevent that and also to be alert in instances where injuries have been caused on persons so that he could intervene in order to ensure that they receive proper medical care. However, illegal arrests, torture and also preventing victims obtaining immediate medical care is done with the connivance of most of the ASPs’ of police. Illegal arrest is a practice which is indirectly allowed. Torture is also a practice which is indirectly allowed. And also keeping these things secret is a law that prevails among police officers. So there is this conspiracy on the basis that without such illegal arrests, illegal detentions and torture it is not possible to conduct proper investigations into crime, which is a kind of a belief that is so entrenched among the police in Sri Lanka.

Police Criminality

What we are dealing with is high criminality within the policing system. If nothing can be done by the police the least that could be done is to prevent crimes being conducted by the police officers themselves. That is the duty of the higher ranking police officers including the IGP, as well as the Ministry of Justice and the Ministry of Law and order and the government itself. In the midst of such huge complaints about this type of behaviour, and observations by such bodies as the United Nations’ Human Rights Committee about the widespread practice of torture and illegal arrests and detentions in Sri Lanka, everyone keeps silent on this issue and thereby shares the criminal liability for allowing such crime to take place.

The Need for Social Discourse

It is time that there be a social discourse, on these terrible practices which prevails in the premier law enforcement agency in Sri Lanka. Without such a huge discourse and bringing pressure to stop these practices nobody’s life is safe. Sandun Malinga a bright student who had no reason at all to come into contact with the police is now dead. The death sentence is of course something that we do not celebrate, and fortunately death sentences are not carried out in Sri Lanka – it will be usually reduced to a life sentence. Our concern is not about tooth for a tooth, but for the purpose of bringing to an end these kind of criminal behaviour which are a threat to the liberty of the people of Sri Lanka. Not only does it cause the death of some, and injuries to others, but also it creates fear in everyone. Everyone has a reason to be afraid that he or she may be arrested for no reason at all, and the information would be sought by assaulting a person and then if injuries happen, the police will do everything possible to hide such injuries. Such a place will not be considered by anybody as a safe place to live.

It is time for civil society organisations, all professional bodies such as the Bar Association of Sri Lanka take more prominent position in taking steps to prevent crimes done by police and thereby ensuring protection of the people of Sri Lanka.

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Latest comments

  • 25
    39

    No publicity because the victim is a Sinhalese. If it was a Tamil it will be in international news media. Amnesty International, Human Rights Watch, Office of the High Commissioner for Human Rights etc. etc. would be jumping all over Sri Lanka!
    Such biased police activity is only because the victims are poor folks whether they are Sinhalese or Tamils. Elite, rich and powerful Sinhalese and Tamils never face such discriminatory actives from the Police and other public departments. Unfortunately, Tamils are taking advantage of similar situations by over publicizing and linking it to racism and discrimination. We always read Tamils posting rape of Tamil women. Similar or more rapes of Sinhalese happen in the south. We rarely hear about them.

    • 21
      5

      Eusense

      To be sensible, instead of wasting time on carrying anti-Tamil flake, spend some time on bringing to light victim peasants of the majority community….so the entire world would know ……

      • 7
        5

        panda
        This is not an anti-tamil flake. This is what really happens in Sri Lanka and how the GOSL is bombarded with fake racist accusations by separatist Tamils. This is an important aspect to learn by the Sinhalese. Unfortunately most of our stupid Sinhalese politicians are busy making money for them selves. I am not a journalist or a news reporter to “bringing to light victim peasants of the majority community”. If I was, I would certainly do so.

        • 3
          3

          Eusense,
          your view is the only view your ambude is the only ambude. vassi pathtate hoiya.

          they come out on appeal in these murder cases.
          Remember Sepala. Alitalia.

      • 4
        2

        Nayakka Pandaram

        “To be sensible, instead of wasting time on carrying anti-Tamil flake, spend some time on bringing to light victim peasants of the majority community….so the entire world would know …”

        Aren’t you expecting too much from Nuisance, sachooo, sarojini, HLD M, somass, …..?

        To begin with one has to have

        a heart, a sense of justice, show compassion, able to see beyond one’s nose,ready to get out of one’s mindset, ……….. need bit of thinking, need a to have critical faculties, ..

    • 12
      5

      Well if Sinhala women are raped by sinhala men, you should protest and make a big stink, rather than balm Tamils for protesting rapes!

      Eusense, You are a true Sinhala Modaya and Peretheya to boot!

      Don’t instreat blame Tamils for YOUR INACTION AND STUPIDITY and for protesting rape of Tamil women by Sinhala men!

      • 7
        5

        dilhara,
        Rape happens in every country. It is the responsibility of the security arms and the legal system to take care of it. I am not the one to protest or stop rape happening! I like for you to give specific incidences like reported hear where Sinhalese men have raped Tamil women because of racial hate.
        What I am highlighting is how the separatist Tamils take advantage of incidences where Tamils being abused by the system and portray it to the world as only Tamils are subjected to this kind of abuse.

        • 0
          3

          “”I like for you to give specific incidences like reported hear where Sinhalese men have raped Tamil women because of racial hate.””

          patholaya Pirate please ask David Blacker the foot soldier what 19 year old did and counted.
          Pingathura

        • 3
          4

          rape happens in every society but it’s a foreign policy of subjugation in Sinhala Lanka.

    • 7
      4

      if he had been a Tamil the officers wouldn’t have even been tried in a court of law.

      Whatever happened to the officers who executed the motorcycle boys in Jaffna…

    • 3
      4

      Thousands of innocent Tamils have been murdered by the Sri Lankan state with impunity since the 1950s and you come up with this crap??

    • 2
      3

      There might have been publicity of crimes committed on Tamils by police or military. Compare this crime of causing death of a boy of 17 in Matara Police Station with those of 5 Tamil students killed in Trincomalee, 16 Tamil and Muslim aid workers, shooting and killing of Tamil MPs Raviraj, (2006), Joseph Pararajasingam (2005) Uma Maheswaran (2008) to name a few more than 24 journalists and the victims’s relatives are still waiting for justice. In this case of the above crime the 5police officers were saved death sentence.

      L Kadirkamar was also killed but conveniently blamed on LTTE as usual. But no trial yet, is it because they do not want to know who was behind this murder. Yes, LTTE also killed countless politicians, PM, president, innocents but they are finished except some paper Tigers and flag waving misguided abroad.

      The swiftness of this trial, rightly so, is remarkable when compared with the crimes committed on Tamils and the delay in dealing with those cases.

  • 19
    1

    This Death Sentence is welcome. But there is a need to prosecute, the OIC, the ASP (perhaps the Police Dept. or the Ministry) and the particular Magistrate who did not consider the Lawyers request for medical treatment in a civil law suit. Very recently, I read of a Law suit filed by a person who reported serious criminal activity in the neighbourhood and was promised by the Police that they would protect the identity, claiming damages for failure to uphold that promise been awarded $ 460,000.00. In this case, the Police appealed and the Appeal Court upheld the decision of the lower court that made the award. Of course, as usual, this is not in Sri Lanka. In observing the way our Courts are working, I don’t think we will ever reached these standards. However, this is a much serious than the above case and good test case to be taken up by a “Benevolent” individual or a society who are striving to establish Rule of Law and Good Governance. That is the way forward to teach a lesson to all in the Law Enforcement, including the Judges who fail in their duty.

    • 6
      2

      Douglas

      You raised very important points here.

      You have questioned the professional integrity of the judge, rightly so. However, what you have failed to highlight is the loop that binds the judges, politicians, crooks, state functionaries, police, …. at local level as well as national level.

      Has the judge been promoted yet to the Supreme Court?

      Who is the Mafia Don at local level and who control their national board? Who are the members of national Board?

      Perhaps the country is run by Freemasons.

  • 9
    0

    Basil Fernando

    RE: Six Police Officers Sentenced To Death

    “The matter later came before the Supreme Court of Sri Lanka headed by late Justice Mark Fernando who delivered a landmark judgment in this case. The Supreme Court found that there were no grounds to arrest Jerad Perera and even if they have arrested him he could have easily been released after a first few questions have been asked’ as the police would have discovered that this man knew nothing about any crime. The court went on to observe that even after injuring him the police failed to provide immediate medical care to Jerad Perera.”

    This is indeed a good sign.

    Will President Sirisena interfere in the Supreme Court decision, like the FCID and the release of other Criminal suspects?

    If, so, President Sirisena needs to be conferred Additional Titles.

  • 8
    0

    What ever the judgment on the POLICE OFFICERS this stinks to high heaven ..law officers and a Magistrate too ..Now carry out the liability proceedings against all involved including her ladyship so that our children are safe on the road and going before the court is helpful to all , and not mere stopping protest and such ilk ….Talk about bullying ..talk about violation of human rights ..all in one package ..The Minister concerned should lead the way and show that he is with the people .Over to you PM for they depend on you to lead the way ..even in trivial things like a Christmas tree or no tree ..this is horrendous !

  • 5
    1

    The death of this boy and the other stories of torture especially by the Police bring tears into one’s eyes. No amount of punishments of the culprits or a part of them would bring back the life of this young boy. Fortunately, I assume, the boy was not charged for something serious. Otherwise the relatives have to bear the stigma of that as well. The usual practise whether here on in a 5 star democracy like USA is to implicate young people for drug trafficking by producing a quantity of drugs beyond the prescribed limit. How many innocent young were rounded like this, remanded for long years in prison and making them drug addicts while in prison? It is also interesting to note that the chairman of the national police commission also resigned from his office for whatever reason. So by and large there is no law for the Police, the guardian of the law.
    What is very interesting is in this particular case is the role of the Magistrate. What was the compulsion for him or her to follow the dictates of the Police? When there was a complaint that the suspect was not in a healthy condition the Bench should have been responsive by referring the suspect before a JMO or any other physician. No medical treatment in prison? So this shows that the entire public service, especially in the rural localities work hand in glove. Even now it is not too late to confer some liability to the irresponsible conduct of the then Magistrate, as we as normal citizens have a right to expect a high standard of conduct from those who adorn the Bench.

  • 4
    2

    Another example of ‘Yahapalanaya” and their promised changes from the governance of the previous yakkas!!!

    Time for heads to roll – and the sooner the better!

  • 8
    0

    Basil, a very good and timely essay. Every detail needs careful scrutiny. Even I have witnessed lady magistrates being unsuitable at instances when police prosecuted cases which were maliciously fabricated on political grounds. When the OIC appeared the accused gor severe reprimand. When the IP or Sub IP appeared the accused got lesser reprimand. The magistrate court procedures are ambiguous and extremely questionable. They require also some kind of training and filling checklists if the system could spell some justice to the society. If not the judicial system will be left to devil and the deep blue sea.

    Very good examples of how rotten Sri Lanka’s Judicial system operated by our legislators are.

  • 11
    1

    ……..Therefore the instances in which the Magistrates can become liable for the deaths of those who are brought under their custody should also be seriously examined…..
    Says Basil Fernando.
    I am in full agreement.

    The problem is that our Judiciary has plunged from Zenith to Nadir with with the exception of a handful of Judges both in the lower court and the Supreme court.
    Late Hon:Justice Mark Fernando who was a third generation Judge of the Supreme court was even by-passed to be the CJ RIGHTFULLY SO and instead Sarath.N.Silva was appointed CJ!
    The rest is History.

    • 3
      0

      Inappropriately denying the post of CJ to the highly able and respected Mark Fernando (late) and bringing in the maverick Sarath Silva can be
      called the beginning of the end of our once decent and reliable legal system. Look at the circus in the higher courts, not to mention the lower ones throughout the country, once the Rajapakses took over. A country without a proper system of courts and justice is indeed an unfortunate one in today’s world – as we are fated to observe.

      Basil Fernando writes a useful article. But it is difficult to see why an entire Police Station went against a family of four – as alleged.
      The reason for their arrest is missing in Mr. Fernando’s piece.

      Kettikaran

      • 2
        2

        Kettikaran

        “maverick Sarath Silva”

        You are being too kind to Sarath Silva.

      • 2
        2

        Kettikaran

        The article below might be of interest to you:

        Premature retirement of justice Mark Fernando; CRM distressed and disturbed

        Pages 110 – 113

        in

        State Violence in Sri Lanka
        ALTERNATIVE REPORT
        TO THE UNITED NATIONS
        HUMAN RIGHTS COMMITTEE

        http://www.omct.org/files/
        2004/01/2444/stateviolence
        _srilanka_04_eng.pdf

        • 1
          3

          Dear Native Vedda

          Tku. Grateful. Your regular and intelligent, sometimes humorous, interventions make these pages interesting and worthwhile to follow.

          I hate to sound racist. But for every case of torture Basil Fernando records on Sinhala citizens there are hundreds against Tamil youth in the post-1980s, most of which go utterly ignored or unnoticed. I wonder what happened to those Sinhala “police heroes” who were helped by State actors to escape justice in the Galenbindunuwewa (?) massacre.

          Keep up the good work.

          Kettikaran

          • 1
            1

            //I hate to sound racist. But for every case of torture Basil Fernando records on Sinhala citizens there are hundreds against Tamil youth in the post-1980s, most of which go utterly ignored or unnoticed.//

            Why you think making that claim is racist. That is statistics! You don’t sound much of a kettikaran!

            • 2
              2

              Sepala

              “Why you think making that claim is racist.”

              Taraki, somass, sirinath, dimwit, sachooo the stupid II, Nuisance …… are ready and waiting to fire salvo filled home made bazookas.

              Blame the victims band come in raw.

  • 8
    0

    It is true the media has down played the death sentences passed on all 6 police officers charged in court for murder. It is a common knowledge citizens are arrested by the police without any prima facie evidence. The Sri Lankan police are not only brutal and a law unto themselves, they are also corrupt. Top rung police officers are in the payroll of drug kingpins whose business goes uninterrupted. In some cases the Police themselves provide the necessary security for drug barons for trafficking drugs. If Sinhalese police can treat Sinhalese citizens in this brutal fashion, one can imagine how they will treat Tamil citizens. During the war thousands disappeared in the North and East. When Sarath Fonseka was the army commander in charge of Jaffna, 540 Tamil youths disappeared after arrest. Most of them ended in Chemmani mass graves. This is the same grave where after arrest, interrogation, rape and torture 16 year Krishanti Kumaraswamy was buried alive on September 6, 1996. Her mother Rasama Kumaraswamy who went in search of her daughter was also raped before summary execution. Her brother Pranavan (16) O/L student at St.Johns College, Jaffna was also killed. So was their neighbour Kirupamoorthy Sithamparam (32) who also met the same fate.In Krishanti’s rape and murder trial, the first accused Lance Cpl. Dewage Somaratne Rajapakse when asked by the court whether he has anything to say before sentencing said, “We did not kill anyone. We only buried bodies that were sent to us by our superior officers.” He went on to drop the bombshell which even the Court could not have anticipated “We can show you where 300 to 400 bodies have been buried at Chemmani.” Other co-accused persons corroborated the first accused statement from the dock.

    Two years of good governance has failed to bring about any marked change in the attitude of the security and police personnel towards citizens. As things stand, 20 years hence the situation is likely to remain same.

    • 3
      2

      sinhala society had tolerated such abuses for so long now it has come back to haunt them.

  • 6
    0

    Civil society organisations and professional bodies in Sri Lanka and well-wishers of Sri Lanka overseas need to take steps to prevent crimes like these committed by police and to protect people of their country.

    However, the issue is that many professionals including magistrates, doctors and lawyers appear to collude with actions of the police. Through my own experiences, I am aware of this. When a brutally tortured suspect is to be “presented” to a magistrate, the police usually does not appear to want to physically produce the suspect in front of the magistrate, or the magistrate does not appear to want to see the suspect in front of him or her. When the injured suspect is taken to a doctor, the doctor usually appears to collude with Police’s version of events. This unacceptable behaviour can be linked to the wider society, where transparency, accountability and responsibility is either opaque or non-existent.

    What action does the Judicial Service Commission or the Judges Institute take against such members who unethically collude as appears to have happened in this case.

    Judicial conduct is intended to achieve the objectives of upholding public confidence, enhancing public respect and protecting the reputation of the judiciary and judicial officers. In Sri Lanka, in many cases like this it appears to have put such judicial objectives in jeopardy. In many countries including in Australia, judicial conduct is tested against the basic principles of impartiality; judicial independence; and integrity linked to the personal behaviour of judicial officers. This serves to ensure compliance with the objectives mentioned above. Here the expectation is that this would guide a judge’s conduct in his/her private life and in the discharge of his/her judicial functions. If a judge’s conduct is likely to adversely affect his/her ability to comply with these principles, that conduct is deemed inappropriate.

    In light of many problematic experiences we have had in Sri Lanka dealing with all tiers of the judiciary, I await the responses to this issue from the Bar Association, the Judges’ Institute and the Judicial Service Commission of Sri Lanka.

    It is high time that issues like these be subjected to serious debate in the Sri Lankan civil society.

  • 0
    0

    There is a typo in my comment.
    What I meant was that Justice Mark Fernando was by-passed to be CJ,when he had all the credentials!

  • 3
    1

    The most Baffling thing here is The Conduct of the Magistrate, if the Magistrate had have been strict and perfect on her/(his) duties at the outset these police officers wouldn’t have dared to arrest these poor youngsters on fable counts. Today what happens in most of the PRODUCING of SUSPECTS in FRONT of a MAGISTRATE – ONLY THE NAME LIST AND FLABBY DETAILS are produced and not personals and the ignorant Magistrates just sign that document as proof of the arrested are save in the hands of those who made the arrest.The Main objective of the rule of PRODUCING of SUSPECTS in FRONT of a MAGISTRATE is completely lost. The police knows very well who and who these Magistrates and plan accordingly their atrocities or not plan.

  • 0
    0

    To all legal experts at CT,

    Is it true confessions made to the Police are inadmissible in court?

    I would like to know what steps to follow if one is arrested and then tortured to confessed.

    • 2
      2

      Thanos

      “I would like to know what steps to follow if one is arrested and then tortured to confessed.”

      You will have to just relax and enjoy torture and feel good about the illegal system in this island.

      You do not need to confess, after an extended session of creative torture you will sign whatever is written on a piece of paper.

  • 8
    0

    ‘Six Police Officers Sentenced To Death’

    Followed by
    Commuted to life imprisonment.
    Released after Government changes.
    Made MPs/Councillors/Chairmen.
    Become millionnaires.

  • 5
    1

    I think the defaulting magistrates should also be in the accused list and should have been sentenced to the gallows. All these brutes are heartless and arrogant, hiding behind their uniforms and positions of authority to harrass and torture innocent and helpless people in the villages. I have no symathy whatsoever for them. It does not matter what ethnic group they are, or the victims, all should be treated equally: brutes are brutes, acroos all ethnic groups. Let this case be an example and a deterrent to all other brutes in Sri Lanka

    • 2
      2

      thrishu

      “All these brutes are heartless and arrogant, hiding behind their uniforms and positions of authority to harrass and torture innocent and helpless people in the villages.”

      So are another 300,000.

      “brutes are brutes, acroos all ethnic groups.”

      No, they are war heroes.

      Had these policemen killed say more than 25 innocent people they would have been celebrated as war heroes.

      DIG Udugampola comes to my mind.

  • 2
    0

    Regardless of race,colour or creed violation of human rights including torture under police custody is a reflection of a broken judicial system,I wander In Srilanka if this victim was a tamil whether the verdict it self would have been the same or the accused would have been set free by now, based on some vague judicial jargon/bias.Check some of the recent court verdicts, Raviraj, Joseph, Trinco university students case and the list goes on and on,This is not about exagerations and political gains, but to prevent further killings and injustice.

  • 2
    0

    Over to the JSC in regard to the failure of the lady Magistrate to have acted correctly,
    leading to the death sentence of 6 policemen. Other Magistrates will learn from this
    incident. The BASL should actively follow up these instances, after the act.

  • 2
    1

    The law requires that every magistrate must interrogate suspects brought before them, in private, before deciding on further action – whether to remand or release.
    This is not being done. The magistrate only listens to the police and rarely to the suspect.
    Had this magistrate listened to what the suspect and his relatives had to say, she would have realised that the police version was not correct, and more importantly that the boy was ill and in painful distress.
    This type of negligence by magistrates has been going on for a long time. They blindly trust the police, or are reluctant to “displease” the police.
    Action should be taken against this magistrate, else, there will be many more tragedies due to her negligence, and by others like her.

    When will this happen in this so-called ‘Dharmadwipa’?

  • 1
    1

    The Magistrate could have intervened and ordered timely medical treatment to the victim.Tha magistrate also did not sufficiently inquire into the conduct of the officers which resulted in the injuries to the victim.The conduct of the magistrate,should have been seriously inquired into.Such Magistrates should not be allowed to sit in judgement over poor folks.Prison authorities too failed.

    The Magistrate should be given special training and educated on the Mark Fernando judgement.

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      Balu & Balu

      “The Magistrate should be given special training and educated on the Mark Fernando judgement.”

      Are you being serious?

      Any normal, “uneducated” person from Game (village) would have dealt with such incidents compassionately/appropriately.

  • 0
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    [Edited out]

    We saw how BASL Upul Jayasuriya played politics. What could one expect from them?

    quote; 16 year Krishanti Kumaraswamy was buried alive on September 6, 1996………….. Oh ! where was CBK ?????Pissed??

    Seriously thinking of outsourcing the police to the ARCH to be run by Nandan Mantungam

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    It is unbelievable that these scoundrels would treat this under age kid like this. Where is the compassion and consideration that police officers should have shown toward this kid? Surely they could have provided him with medical care and examination? What kind of monsters do we have wearing the uniform of those we entrust to keep us safe? That stupid magistrate should be disbarred and kicked out of her position. At least she should have ordered the victim to be examined, whatever the officers said, when his relatives pleaded for help.
    What kind of country do we live in? These are disgusting people, and from what we learn, there are many of this kind, that act with viciousness and as if they are above the law.

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    Pause for thought…if this is how they treat their own Sinhala Buddhists, how do they treat Tamils?

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    Balu & Balu

    “The Magistrate should be given special training and educated on the Mark Fernando judgement.”

    Are you being serious?

    Any normal, “uneducated” person from Game (village) would have dealt with such incidents compassionately/appropriately.

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    Journalists may be scared to make this judgment headline news as Forces personnel are considered ‘Ranaviru’ and special class before the law by some people. Equality before the law should prevail. We have not heard of any white van abductions recently.

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    Death sentence should be celebrated and the rope should be withdrawn and lethal injection should be introduced.
    When they are given life sentence, they are maintained by the tax payer. Death by lethal injection will be quick and easy and much more cheaper compared to the overall cost of a life sentence.

    This is Sri Lanka, where society lacks discipline and decency on a large scale.
    By Implementing Death sentence, the country would be answering to the latter fact in a way the citizens understand and would discipline them to a certain extent and would most probably reduce issues this article refers to.

    The power is with the government to implement these laws, but as with the reality of things, that will never see the light of day.

    For example, a woman was raped from dusk till dawn, and the rapist was protected by the politician Felix Perera in Ja-ela.
    If the death sentence was a reality, it would have brought much needed satisfaction to see that man be killed.

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