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AI: Authorities must refrain from use of military to police protests
The Sri Lankan authorities must not impose a blanket order authorising use of force during the state of emergency that has been announced and refrain from use of the armed forces to police people’s protest, said Amnesty International following a new order empowering armed forces to maintain law and order in Colombo.
“The recent escalation of the authorities’ response to protests by calling in the armed forces, firing at protestors and excessive use of tear gas which resulted in the death of one person yesterday is deeply worrying,” said Yamini Mishra, Amnesty International’s South Asia Regional Director.
On the morning of 13 July 2022, thousands of protestors started making their way towards the Prime Minister’s office and the Parliament in Colombo. After an angry face-off, protesters breached the gates and took over the Prime Minister’s office. Amnesty International staff present at the protest location confirmed that law enforcement officers fired volleys of teargas against people, including children and journalists some of whom were seen escaping the plumes while coughing and sputtering. Dozens of protesters were injured, and one was reported dead. At Galle Face, helicopters flew low overhead, where a rolling peaceful protest site had been established three months ago in the prolonged agitation over the economic crisis in the country. At another protest near the Parliament later the same day, more than 80 people were reported to be injured and admitted to hospital.
At 3pm the Prime Minister Ranil Wickremesinghe delivered a televised address in which he said he had ordered the military to “do whatever is necessary to restore order”. On 14 July 2022, a press release was issued by the army announcing a warning that they will use force to restore law and order in the country.
Any blanket order authorising use of force by armed forces is problematic even during times of emergency. The armed forces should not be involved in the policing of public assemblies, since they are trained to fight against enemies and not to protect and control civilians.
Amnesty calls upon law enforcement agencies to act with restraint to avoid further serious injury and loss of life. They may only use the minimum level of force necessary force to bring a situation under control where doing so is strictly necessary and proportionate. Even in instances where some parts of a protests turn violent, law enforcement must assess the situation on a case-by-case basis with use of force only where absolutely necessary and only against those engaged in violence. It must be strictly proportionate to the situation faced by law enforcement, which means authorities must not cause more harm than they seek to avert.
“At a time when the country is facing a dire economic crisis and protests are growing in scale, authorities must make comprehensive efforts to de-escalate the situation and focus resources on ensuring people can access essential goods and services, in line with international human rights law and standards,” said Yamini Mishra.
The Frontline Socialist Party (FSP) yesterday demanded an immediate termination of what it called a “secretive and dangerous” defence agreement signed between Sri Lanka and India, during Indian Prime Minister Narendra Modi’s 05 April visit.
Addressing a press conference at the party’s headquarters in Nugegoda, FSP Education Secretary Pubudu Jagoda described the agreement as a “betrayal of the nation” and a “crime against the people,” urging the government to invoke Article 12 of the deal and exit it with the required three months’ notice.
Jagoda said the document, which surfaced on social media after being published by a news portal, appears to be the actual agreement signed between the two countries. “The government has not denied its authenticity. That silence is telling,” he said.
Jagoda added that the agreement bears the signatures of Sri Lanka’s Defence Ministry Secretary Sampath Thuiyakontha and Indian High Commissioner Santosh Jha.
“What’s most troubling,” Jagoda warned, “is that both governments attempted to keep the agreement under wraps. Unlike the 1987 Indo-Lanka Accord, which was made public with all annexures, this agreement was hidden from the people, and even now, we don’t know how many other agreements exist between India and Sri Lanka.”
Jagoda said that a Right to Information request made on 04 April was met with a reply from the President’s Office stating that it had no copies of the agreement—raising serious concerns about transparency, even at the highest level. “One could question whether the President has seen it because his office does not have it,” Jagoda said.
The 12-clause of agreement reportedly covers areas such as exchange and training of military personnel, defence industry collaboration, classified information protection, and military medical services, including battlefield healthcare and telemedicine.
Jagoda said the definition of “classified information” in Clause 7 was alarmingly broad. “It allows India to label virtually anything as secret. Even weapons or military assets transferred under this agreement cannot be revealed—not even after the agreement ends,” he said, citing Clause 7.3.
Clause 10 prohibits either country from taking disputes to international courts or involving third-party mediators. “It’s like asking a rabbit to negotiate with a tiger,” Jagoda quipped, drawing parallels to the complications of the 1987 accord, which eventually saw Indian peacekeeping troops refusing to leave until a change in the Indian government.
Jagoda accused the NPP-led government of hypocrisy, pointing out that the JVP, the main component of the current regime, had vehemently opposed Indo-Lanka Accord in 1987. “Now they’ve gone and signed an even more dangerous deal,” he said.
Citing Clause 12, which allows either party to withdraw with three months’ notice, the FSP called on the government to act immediately to exit the pact. “We urge the people to unite and defeat these underhanded, sovereignty-eroding deals. The FSP stands ready to lead that fight,” Jagoda said.
The police yesterday arrested a group of students, including the Convener of the Inter-University Students’ Federation (IUSF), Madushan Chandradith, during a protest held by the Allied Health Science Graduates’ Union in front of the Health Ministry yesterday.
The police obtained an order from Maligakanda Magistrate’s Court, earlier in the day, to prevent protesters from invading the Colombo Hospital Square and the Health Ministry.
Inspector General of Police T.M.W. Deshabandu Tennakoon is set to face formal questioning on Monday (19 May) over serious allegations of misconduct and abuse of power, parliamentary sources said yesterday.
A special Committee appointed to investigate the claims will commence formal proceedings next week, following several rounds of preliminary discussions held within the parliamentary complex in recent weeks.
The IGP has been officially notified to appear before the Committee and is expected to face the inquiry for the first time at 2:00 PM in Committee Room No. 8.
The Committee, which met again on Thursday (15) to finalise arrangements, is investigating allegations that Tennakoon misused his official powers in a manner deemed severe and improper.
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