Custodial Safety: Even a Hardened Criminal’s Human Right

If the life of one whom the law has taken into its custody is at the mercy of the mob, the administration of justice becomes a mockery -- US Supreme Court Chief Justice Melville Fuller

Among the main news in last week’s print and electronic media were two that drew our attention. One was that of the killing of underworld criminal Dharmakeerthi Tharaka Perera Wijesekera alias ‘Kosgoda Tharaka’. He was in custody when killed in a police shooting. Police spokesman Ajith Rohana said 34-year-old Tharaka Perera had been taken to Rendapola in Mirigama ‘to conduct a special operation’ and had died on admission to the Wathupitawela Hospital after he suffered injuries during the shooting. 

The other, a day earlier, was that of the killing of underworld criminal Mabulage Dineth Melan Mabula alias ‘Urujuwa’. According to the Nawagamuwa OIC, the 27-year-old suspect was shot dead ‘during an altercation with the police at Navagamuwa where he had been taken for further investigations’, while he too was under police custody.

We hold no brief for underworld criminals, but keen to underscore the fact that killing themwhile in police custody is in no way acceptable. What we hold sacred is the human right of every person, even of hardened criminals, for a fair trial and the due process of the law. That is why we have law and courts listening to arguments for and against an accused in an impartial manner and hand down its ruling after his/ her innocence or guilt are proven beyond reasonable doubt. Every life is precious and the taking of life whether by criminals or by the law enforcement agencies, for whatever reason, has to be roundly condemned. In recent times there have been several similar incidents with similar scripts; the suspects ending up ‘killed while in custody’. 

Meanwhile, the Bar Association of Sri Lanka (BASL) issued a statement condemning the killing, while in police custody, of Mabulage Dineth Melan Mabula alias ‘Urujuwa’ and Dharmakeerthi Tharaka Perera Wijesekera alias ‘Kosgoda Tharaka’.

“The State and the Police should have a duty to ensure the safety and security of persons in their custody, irrespective of the character of such persons and the seriousness of the nature of the allegations against them,” the BASL said. “These deaths have the hallmarks of extra-judicial killings.”

The BASL said despite IGP Chandana Wickramaratne being informed, Tharaka Wijesekera, who was detained by the Peliyagoda Special Crimes Division had been reportedly killed “when he tried to attack the police while recovering some weapons”. The BASL reminded the IGP of the many Supreme Court decisions reiterating the duty and responsibility cast on the State to ensure the safety and security of persons in its custody
“On May 11, 2021 another suspect named Melan Mabula alias ‘Urujuwa’ had met with his death in a similar manner. We are informed that representations had been made to the police as regards his safety, prior to his death,” the BASL said. “Such deaths are an affront to the Rule of Law and will tarnish Sri Lanka’s image. It is an imperative requirement of criminal justice that persons accused of serious crimes including murder are tried by a Court of law and punished for their crimes while the networks aiding and abetting such activities are prosecuted and dismantled.”

It urged the President and the Government to take serious note of these incidents and to take action to prevent a repeat of such occurrences and requested the authorities to conduct an independent and impartial investigation into these killings. 

The Lawyers for Democracy (LFD), a representative body of legal practitioners in the country, has also condemned the killing of the two suspects while in police custody. “There is no doubt this is plain murder and it is time to put an end to this type of barbaric action by the State,” it said. “These acts are a serious challenge to the rule of law and are the latest cases to be reported of persons in police custody being killed after this government assumed office. It is strange to listen to the police unashamedly relating similar stories after every such killing,” it said.

(The above are excerpts from the two letters)
There is no gainsaying the fact that the onus is on the democratically elected government to uphold democratic values, principles and the rule of law if the government is to earn the favour of the people. There is no other way to proceed even though the challenges and obstacles may be many and the path not as straight or smooth.