The Bar Association of Sri Lanka (BASL) condemned the Police Department for extra judicial actions, including deaths, following a recent police assault that necessitated the surgical removal of one of the victim’s testicles.
In a statement issued by its President Kaushalya Nawaratne, PC, and its Secretary Chathura Galhena, the BASL said that the incident was particularly alarming and raised the chilling spectre of a descent into a police state.
The text of the statement:
“The BASL expresses its utmost outrage and horror at the recent reports emerging in the media regarding the assault of a young man allegedly perpetrated by officers of the Medawachchiya Police Traffic Division, necessitating the surgical removal of one of the young man’s testicles at the Anuradhapura Teaching Hospital on Tuesday, the 9th of April.
“The BASL vehemently condemns any use of brutality by police officers carrying out their official duties.
“Such reprehensible acts not only contravene the fundamental principles of justice and human rights but also violate international instruments such as the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment. Furthermore, we underscore the obligations enshrined in the International Covenant on Civil and Political Rights (ICCPR), which unequivocally prohibits torture or any form of cruel, inhuman, or degrading treatment or punishment. Such actions also stand in stark violation of Article 11 of our Constitution, which too guarantees freedom from torture or cruel, inhuman, or degrading treatment or punishment.
“The BASL is also deeply concerned about custodial deaths with the cause for such deaths being attributed to dubious circumstances including the purported attempts of detainees to escape, necessitating officers having to discharge their fire arms.
“The BASL has consistently condemned these and similar acts by law enforcement officials, recognizing them as egregious breaches of the rule of law. This recent incident is particularly alarming, raising the chilling specter of a descent into a police state. The people of Sri Lanka have a fundamental right to live free from fear of violence from those entrusted with their protection. The Constitution guarantees them this right, and the BASL will not tolerate its erosion.
“The BASL will be closely monitoring this case and urges the authorities to take all necessary legal measures to ensure such heinous acts are not repeated. We recall the judgment of the Supreme Court in Sudath Silva v. Kodituwakku reported in [1987] 2 Sri LR 119, which clearly states that every citizen, regardless of background, is entitled to the full protection of the Constitution. To quote Atukorale J: “Every person in this country, be he a criminal or not, is entitled to this right to the fullest content of its guarantee. Constitutional safeguards are generally directed against the State and its organs. The police force being an organ of the State is enjoined by the Constitution to secure and advance this right and not to deny, abridge or restrict the same in any manner and under any circumstances. Just as much as this right is enjoyed by every member of the police force, so is he prohibited from denying the same to others, irrespective of their standing, their beliefs or antecedents.”
“The BASL urges swift and transparent action in this case. The perpetrators must be held accountable to the fullest extent of the law. We remain steadfast in our commitment to upholding the rule of law and defending the rights and dignity of all citizens of Sri Lanka.”
