Summary Justice is Indefensible

By Anura Gunasekera

On December 3, 2021, then member of parliament, Anura Kumara Dissanayake, today the President of Sri Lanka, made an impassioned speech in the House, against the killing of suspects in police custody, allegedly on the grounds of self-defence. He compared the spate of such incidents to the repeated enactment of the same brutal theatre (“Natakaya”), the word being used with a grim irony.

The following writing is framed in the above context, and, also, in the expectation of what President AKD will soon be compelled to state, in the context of the first of such deaths under his watch, and in the fervent hope that it will also be the last.

TIMES On Line- Sunday Feb 23^, 2025 – ” Police shot dead two suspects arrested over a murder in Kotahena when they reportedly tried to grab a weapon of a policeman and escape. One policeman was also injured in the shootout. Police claimed the two suspects had been taken to show the location of a weapon hidden by them”

Remove the identification of the location (“Kotahena”) and the balance narrative will correspond with all previous killings of suspects in police custody, elevated to an art form under the Mahinda-Gotabaya Rajapaksa dispensation. The rationale had become a “cut-and-paste” exercise. Each such incident has been followed by a legal inquiry but the writer is unaware of any action instituted against police officers involved, for either negligence, use of excessive force, irregularities in the modus operandi – which is governed by strict departmental guidelines- or for the inability of the police to establish their bona-fides for their conduct.

The absence of any censure or punitive action suggests that the judiciary itself has confirmed the legality of the killings. In a country where a de-facto moratorium on legally ordered executions has been in force since 1976, executions have been regularly carried out by various arms of the State, as well as by para-military cohorts sponsored by the State.

Custodial deaths have become so common in Sri Lanka that they have become a mere statistic. According to the Human Rights Commission of Sri Lanka (HRCSL), during the period January 2020 to August 2023, there have been 24 custodial deaths and 13 encounter deaths, all involving the Sri Lanka Police; nothing new, if one reverts to the deaths whilst in police custody, in 1966, of Sgt Thilakawardane and L.V. Podiappuhamy (“Dodampe Mudalali”), eventually ruled at a magistrate’s inquiry as murder. The private plaint against the police was later withdrawn by Attorney General A.C.M. Ameer, then considered a high-profile political appointee.

However, it is not the numbers that count but its corrosive, intimidatory impact on civil society and the message of vulnerability that such killings send to the politically unconnected, as well as their impact on the political discourse and the country’s global image. Custodial murder only weakens existing judicial systems, eroding the credibility and relevance of the systems and of law-enforcement. That extra-judicial executions have zero impact on criminals and criminality, is evident from the continuing flourishing of crime.

There is another critical aspect to custodial deaths, especially of those who are patently guilty or with proven histories of crime. Successful criminals do not operate alone, in a social vacuum. Organized crime, irrespective of the country, exists and flourishes because of the nexus between the criminal, segments of civil society, unscrupulous politicians, clever lawyers and, in particular, corrupt law-officers and crooked businessmen and financiers. Thus, the summary elimination of the suspect eliminates the vital link between the crime, the criminal and its patrons. Unless the investigative arm of the law is able to reach back to its roots, crime will continue to thrive despite the killing of criminals.

The elimination of an alleged criminal before he/she is processed by the justice system, also stops the vehicle of justice in its tracks. Therefore, it is logical to assume that the primary purpose of an extra-judicial killing is to prevent the exposure of the connectivity between the criminal and his/her patrons, rather than the misdirected zeal to circumvent the cumbersome judicial mechanism and instead, deliver instant justice.

SSP Buddhika Manatunge, current police spokesman, appearing before TV, displaying the same bland detachment of his predecessors, in measured tones briefly described the latest event. But what is required is not a soothing commentary but a comprehensive, objective investigation of the incident, followed by an impartial judgment which will ensure that the dead suspects receive the justice denied to them, by the brutal interruption to due process.

The nexus between organized crime, known criminals, law-enforcement and the political body has always existed but was institutionalized by the JR Jayawardene (JRJ) government (1977- 1994), and openly fostered by every government which followed, with the exception of the current regime. A few of the most notorious merit mention.

Sunil Perera(“Gonawela Sunil”) murderer, thief and convicted rapist, released on a presidential pardon by JRJ, and hugely empowered, thereafter, including an All Island JP-ship (subsequently connected to Ranil Wickremasinghe); Arambewelage Don Upali Ranjith ( “Soththi Upali”) , known mobster and alleged murderer, through patronage from the Ranasinghe Premadasa- Sirisena Cooray duo, appointed a reserve Sub-inspector and UNP committee member; Dhammika Amarasinghe, alleged murderer and bank robber, reportedly associated with a former MP and businessman and ex-MP Lohan Ratwatte; Dhanushka Perera (“Beddegana Sanjiva”), alleged assassin and arsonist, attached to the Presidential Security Unit during Chandrika Kumaratunge’s tenure; K.Saman Kumara( “Wambotta”), known murderer and extortionist, closely associated with the Rajapaksa project for many years; Gamage Amarasiri (“Julampitiye Amare”), a loyal Rajapaksa enforcer till being sentenced to death for multiple murder; Lal Peiris, (“Kudu Lal”), alleged drug dealer of the Kelaniya area and Rajapaksa associate (appointed a JP despite background) was provided safe conduct to the Katunayake airport a decade ago, allegedly by former MP, Mervyn Silva, when it had become too embarrassing to support him.

A feature of the career progression of individual mobsters is the fluctuation of fortunes, depending on the party in power; scum does not always stay settled at the bottom. Empowered by politicians in power, they become wealthy and influential and are assisted to invest illegally acquired wealth in legal businesses. Some, like “Soththi Upali” and “Gonawela Sunil”, were enriched by government contracts. The bond between powerful criminals and ruling politicians has been unbreakable.

Not surprisingly, Gotabaya Rajapaksa, during his long tenure as Defence Secretary -with the Tri-Forces at his beck and call- did not need the assistance of underworld thugs for any of his projects.

Relevant to this writing is the murder, on February 19, in the Hulftsdorp Magistrate court No 5, of Sanjeewa Kumara Samararatne (“Ganemulla Sanjeewa”), suspect in a series of crimes, including drug-trafficking, extortion, illegal arms trafficking and murder; this is not the first instance of its kind but does not in any way mitigate the unforgivable security breach, which permitted the assassination. Some analysts, describing certain features of the incident and the fact that there had been prior intelligence on the possibility of such an attempt, are suggesting complicity of the security forces. In any event, two police officers have been arrested in connection with the murder.

Similarly, two police officers have been arrested in connection with the murder- along with two of his children- in Middeniya, on February 18, of ” Kajja” (Aruna Vidanagamage), a known criminal and a self-confessed Rajapaksa enforcer. It will be recalled that interviewed by TV journalist Chamuditha Samarawickrema, on Nov. 28, 2023 and February 11, 2024 respectively, “Kajja” made some startling revelations and allegations against the Rajapaksa political clan, suggesting that in view of his intimate knowledge of family’s alleged illegal activities, his silence would be worth much to the peace of mind of that family.

Ex- Senior DIG Lalith Jayasinghe has been sentenced to four years RI, for facilitating the escape of the chief suspect in the gang rape and murder of 18- year old schoolgirl, Sivalokanathan Vidhya , in Punkuduthivu, Jaffna, in 2015. That was the second instance in which Jayasinghe was found guilty of aiding and abetting a known criminal. Sub-inspector Sri Gajan was sentenced along with Jayasinghe.

Late Anura Senanayke, DIG, was closely implicated in the cover-up operation of the May 17, 2012, Wasim Thajudeen murder, yet unsolved. DIG Vass Gunawardena and his son Shiyam were sentenced to death, for the murder of businessman Shiyam Mohammed ( May 2013), for a Rs 10 million fee.

The above examples represent just the tip of the iceberg, that is the body of evil constituting the law, politics and administration in this country, that has been growing exponentially since 1977.

President AKD has vowed to cleanse the country of crime and corruption. Unlike many of his predecessors, who made similar promises to the nation but, once in power, proceeded to harness those very forces for their purposes, there is absolutely no doubt about his sincerity. But the nexus between criminal enterprises, the police and politicians-past and present- (the NPP exempted), runs deep and wide. The systemic corruption, which involves every segment of the public service, is equally ramified.

The powerful NPP government cannot be dismantled by the Opposition within the House. Its Achilles heel is the entrenched, all-encompassing venality, and the resistance of all those who have profited during those decades of corruption, to any attempt to cleanse it. Unless AKD is able to systematically, but very quickly, excise the evil elements, he will not be able to deliver on many of his promises to the nation. And we say yet again, the patience of the majority is running out and recent happenings have provided grist for the opposition mill, who have no viable alternative to offer the nation, except the NPP regime’s failure to deliver on promises.

Given the known connections between crime and some opposition politicians – in Parliament and outside- it is certain that they will actively contribute to, or catalyze events designed to discredit the government. The present regime needs to be mindful, at all times, that its unscrupulous, corrupt predecessors, especially those facing the possibility of long jail-time at the conclusion of ongoing investigations, will use every possible strategy to derail and destabilize the government.

The Rajapaksa-led, SLPP vanguard with prince Namal as its standard bearer, who desperately needs real political power if he is to retain civic liberty, is already the focal point of this movement, assisted by racists like Udaya Gammanpila, Wimal Weerawansa and Sarath Weerasekera. The JVP-NPP rose from 3.48% to 61.56% in four years. Given a stagnant economy, shortages of essentials, and successful hate-mongering against an ethnic or religious minority- the Rajapaksa political weapon of choice- a revival of the SLPP from its present 3.14%, cannot be discounted.