Policing the Police: Challenge for newly face-lifted Police Commission

6 March 2019 01:18 am Views - 541

Some say that the Police have gone to the dogs. Without being so harsh, yet being realistic, we would euphemistically admit that some dogs have got in to the Police force. They are wreaking havoc, abusing power, desecrating the hallowed police uniform, wagging tail at politicos and making people lose their trust in the very concept of law and order. Despite measures aimed at an independent, efficient and non-corrupt Police force, such as the establishment of the Police Commission, with appointments by the Constitutional Council, as well as many pledges for good governance, excesses committed by Police officers continue unabetted.  

The abduction, torture and murder of two young businessmen from Rathgama is a case in point. It was not long ago that the former OIC with seven other officers attached to the Angulana Police Station were sentenced to death for the murder of two youth. So is the case against an Ex-DIG of Police who had run an abduction for ransom racket, got caught red handed and serves time pending death. The case of the murder of the Superintendent of the Noori Estate Deraniyagala was yet another saga that left a scathing indictment on the Policemen of the area including the senior ones. Many pending cases and investigations involve members, including top rankers of the Police for complicity in abduction, torture, murder, rape etc. On a daily basis we hear about acts of bribery, corruption, abuse of power, assault etc. committed by police officers acting ultra vires viz a viz powers conferred upon them.  

Atmosphere of impunity 

As the Rathgama  incidents reveal, there prevails an atmosphere for those in uniform of to abduct, torture, murder and then dispose persons undetected, unchecked or unquestioned by anybody. Despite the next of kin making repeated complaints and a Senior Police officers repeatedly guaranteeing action with regard to the fate that befell the unfortunate businessmen friends from Rathgama, there seemed little progress in investigations initially, until they were forced to protest twice blocking the Galle Road. It was only then, that policemen attached to the particular Police Unit were transferred, culprits questioned and apprehended and search intensified on those evading arrest. If not for the protests, who can say for sure that this heinous crime too would not have been swept under the carpet?  
Being one of the least popular of all state institutions and one of the most corrupt with bribery and under hand deals rife in their dealings with the public. In addition, the demeanour of many police officers is simply despicable; they act rudely, contemptuously and disrespectfully to those who come seeking their assistance. 

Standards of recruitment of police officers have undeniably gone down and it is unclear as to what criteria are being used in recruitment 

Plummeting standards 

Standards of recruitment of police officers have undeniably gone down and it is unclear as to what criteria are being used in recruitment. Promotion and upward progression in the service too, had been questionable until the Police Commission was established. Yet as recent incidents show, when the top brass act in brazen neglect of the directives of the Commission, becoming law unto themselves, the gravity of the problem is evident. In comparison to Police forces in more advanced nations, our standards are a far cry. The excuse of inadequacy of resources for that kind of extensive and intensive training of officers, does not explain as to why they cannot be polite, at least, to and be aware of the rights of those who seek their services. It also does not provide an excuse as to why police officers themselves act in a manner reminiscent of criminals and delinquents.   
The remunerations of the Police officers, the lower ranks in particular, are appalling and inadequate. The frustration thus caused as well as the desperateness to progress financially could very well lead to illegal and unethical behaviour unbecoming of the uniform. While the top brass salivate for promotions at the feet of politicians the rest are left to their own devices to make a quick buck to supplement their pauper like income. 

Politicisation , the perennial problem

Politicisation of the police is a perennial accusation aimed at the Police Service, not entirely without justification. The putrid socio-economic and political culture bred by the Free market economy and the Executive Presidential system remain the fountain of many ills we face today including those afflicting the police. Unfortunately, it is not the Police who suffer as a result but the common man left at their mercy. A system of political favouritism for promotions and upward mobility in the service, leads to erosion of the work ethics of the service rendered. Police OICs in the 1980s who saluted underworld criminals surrendering their seat to do ‘duty’ is proof that this malady is not something new. Yet the most disturbing new trend among police officers to get involved in gruesome, criminal, illegal acts including abduction and murder, sometimes as a means of making big money and sometimes under a misguided notion of crime prevention needs to be checked.   

As the Rathgama case indicates, the habitual resorting to torture as means of interrogation is common among the police; an indication, not only of the utter disregard for human and fundamental rights of those being investigated but also of the lack of expertise and knowhow of carrying out investigation properly, technically and lawfully without resorting to illegal acts. There is a plethora of Fundamental Rights cases where the Supreme Court has denounced acts of grave human abuse of Police officers which sheds light on the brazen violation of the basic law of the land and human dignity of those in their custody.  

Extra Judicial executions

After a brutal civil war lasting three decades and being ruled under emergency regulations more than under ordinary law, it would almost be acceptable that those in law enforcement and security apparatus habitually act with impunity, being a law unto themselves. We have turned a blind eye to those excesses in the name of national security and patriotism when youth -- both Sinhala and Tamil were rounded up, tortured and executed extra judicially when suspects in custody for serious crimes, died ‘accidentally’ in a bizarre manner, mostly trying to throw bombs while being taken to show places of crime or arms caches, very few raised concern. 

Sri Lankan Police have an appalling record in custodial deaths with dozens dying in custody without any scrutiny on such incidents. It seemed that the civil society too, for their part, were of the view that quick justice was what the underworld thugs and criminals deserved. But we overlooked something; the officers who were in the habit of killing extra judicially give us no guarantee that the killing spree will be confined to habitual criminals. The impunity emboldens them to take the law unto their hands.   

The Police Commission has got a face lift with a new Chairman and three more members being appointed. Despite criticism the Commission has been able to raise hopes that the Police force will be independent, unbiased and efficient, ultimately benefitting the public. It is up to the new Chairman and the Commission members as well as the IGP to ensure that such hopes are not dashed on the ground. The IGP in particular should have realized by now that ‘meditation at the threat of disciplinary action’ hardly works.   

Policing the Police remains an urgent need that has to be addressed without delay.