Police Spokesman tells PCoI detention of terror suspects should be decided by a DIG instead of court

… stresses need for new law to govern intelligence agencies

By Rathindra Kuruwita 

Police spokesman, DIG Ajith Rohana, on Saturday, told the PCoI probing the Easter Sunday attacks that the power to issue detention orders for suspects arrested on terrorism-related activities should be given to a DIG instead of a court of law. He said that there was a dire need for a new law governing the activities of intelligence agencies.

Giving evidence before the PCoI for the third day, the Police Spokesman said that suspects arrested for terrorism, related offences should be questioned at least for six months. Rohana, who was on the committee that provided inputs for the Counter Terrorism Act (CTA) proposed by the previous administration, was called before the PCoI to ascertain his opinions on the existing laws on terrorism and religious extremism and the steps that should be taken to curb such activities.

The representative of the Attorney General’s Department that led the evidence asked Rohana what the most important aspects to be considered were when extending detention orders for terror suspects.

“Usually, we go before a Magistrate to get detention orders or to get an extension. My personal opinion is that a DIG must be given the power to extend detention orders. There is no problem with establishing a supervisory body to monitor this. A Magistrate who operates in an area where terrorism or religious extremism is rife is somewhat unsafe. Pressure can be exerted on the Magistrate. But since the investigators are trained, armed and are in camps they have no such worries. The Magistrate or the Human Rights Commission can see the suspects once a month.”

The police spokesman added that authorising a DIG to extend detention orders would be helpful to investigators.

Chairman of the PCoI then asked DIG Rohana for his proposals on granting bail for those arrested for terrorist activities. “I don’t think such a person should be granted bail before a year has elapsed. If bail is granted before a year, the AG’s advice must be sought. If a suspect is to be given bail after a year, a high court should do that. I am making these suggestions based on the complexity of terrorism these days.”

The Chairman asked, “There have been instances where politicians contact policemen regarding bail for suspects. Doesn’t this obstruct justice?”

The DIG said: Certainly, politicians do such things, and don’t think about the impact of such action on the country. According to the Penal Code, preventing the enactment of justice and hiding evidence are offences.

Chairman: “Tell me, based on your experience, who should be entrusted with investigating a group of extremists in a particular area? The police station there or officers from a central location?”

“Even now this is being done by the Terrorism Investigation Division (TID.) There is a DIG in charge of the TID. I think such investigations must be directed centrally but sub divisions must be established provincially. We also need laws governing intelligence operations, this is a good way to strengthen these mechanisms,” DIG Rohana said.