Every citizen has right to complain against misbehavior of any police officer

- Oct 28, 2017

There is increasing number of complaints regarding police brutality and force being unleashed on the people. However, according to the Secretary of the Police Commission Ariyadasa Cooray, those found guilty of such crime have been punished through the courts and that police officers are only permitted to act in accordance with their establishment code.

However, amidst such police officers there are also those who uphold the law to the utmost and treat the public with respect and dignity, yet these are just a handful. The police is the institution that upholds the law and order of a country and as such when they themselves take the law into their own hands and act in such brutal manner, where do the people turn to in order to address their grievances and safeguard their rights. The majority of the public don’t trust the police to be fair and just. This is mainly due to the actions and behaviour of some policemen who behave in such a sadistic manner.  While the police commission has been appointed to keep the police under control and law abiding, many of the people do not have much trust in them too. However, it is up to the police commission to ensure that the police are kept on track and not allowed to run amok by taking the law and the lives of the people into their own hands,.Therefore, the police commission states that in order to conduct a comprehensive investigation it takes a least six months. Both parties have to be called and evidence and statements should be recorded from both parties.  Every District Secretariat has an appointed officer of the Police commission. Thus the misdeeds of any police station in that area can be complained to at any district Secretariat.  In addition there is a hot line 1960 to report any misdeed committed by the police 24 hours day or night.

Ariyadasa pointed out that if a police officer commits an offence, he would be dealt with in a court of law and thereon, they have no right to intervene. He said however, that in the event there had been a shortcoming in the production of evidence, then it would be reconsidered and an investigation would be initiated.

According to the Convention Against Torture And Other Cruel, Inhuman Or Degrading Treatment Or Punishment Act (No. 22 of 1994), a police officer mistreating a person under their custody can be tried and sentenced to jail  for upto seven years. Yet most police officers get off scot free due to the lack or absence of evidence. In response to this situation, in 2016 Minister of law and order Sagala Ratnayake said all police stations should be fitted with CCTV cameras. Yet even after that there were several deaths that had taken place within police stations.During the recent past several persons had died due to police brutality. The lad to many disputes. The most recent incident was when K.A. Gamini who was arrested by the Divulapitiya Police had died while in police custody. The reason for his death were internal injuries it was revealed. His relatives giving evidence said that Gamini had complained of police having hung him and assaulted him while in custody. The Police had another accusation that they had shot another youth from Divulapitiya and killed him around three years ago. However  although the police office escaped from the charges, media footage of the incident clearly showed the police officer shooting the youth.  Another youth had died while in  custody of the Dompe Police in 2011. With this incident having taken place the public set fire to the police station. This was the result of people taking the law into their own hands when the police had acted unlawfully. This situation cannot be endorsed by any civil society and the people taking control of the law is also a grave situation. Hence these sort of incidents should not occur but when those who are appointed to uphold the law behave in such unlawful ways, it is unavoidable that people may try to take matters into their own hands.

The other closest incident to this effect is the Mattala incident where a journalist was assaulted. Yet now the police allege that the journalist too had been involved in the protest. However, we are still uncertain as to which version is right or wrong. From what we saw in evidence that were recorded on the media cameras was that the police officer slapping the journalist across his ear.  What right does a police officer have to assault anyone they please? This is the question that bothers us.

However, the Police Media Spokesman Ruwan Gunasekara says that in such instances, no matter how big or small the police officer is or what his position is, he would be punished for his fault legally. But, no matter what these officers say we all know that this is not the first time such police brutality has been displayed openly and this certainly would not be the last. 
However, despite all these measures being put in place the main matter is that no police officer has the right to assault anyone be it a suspect or otherwise. Therefore every citizen has the right to complain to the police commission in the event any such assault or misbehaviour of any police officer or any ranker of the police force takes place. It is your right as the public.
AshWaru Colombo