The above Bill was passed in Parliament
yesterday as usual with the Govts overwhelming inbuilt majority as there are
none in Govt who will dare to challenge
In a country seemingly at peace, with no
threats against it, and with another monumental amount spent last year for riot
control equipment, why do we need this when even in the best of times during
the LTTE wars we only had this for a few years on a temporary basis. Now it is
law, and on a permanent basis, and for a stipulated list of offences, but if
there is a need to detain for 48 hrs without presenting before a magistrate,
any offence from the list can be selected, even if none are relevant! In effect
a 48 hold by police, the usual arresting party.
Of course our citizenry is grossly unaware
of the implications as is always the case these days. However to put it simply
it can apply to ANYONE in Sri Lanka, rich or poor, connected or not, where upon
a spurious complaint, in the current circumstances by a politically connected
person, the police (they only act if a politically connected person is doing
the bidding as they are frightened of the wrath of a senior officer or a
politician who will have him interdicted) can hold you in a remand cell, and
torture the daylights out of you with no recourse. Whilst agreeing that one can
be tortured for a 24 hr stint, it is more difficult to present a tortured
individual within 24 hrs without the magistrate realizing that something is
afoot. In the case of a 48 hr detention, one can be severely tortured for 24 hrs and
then various temporary measures taken to erase the damage from torture in the
next 24 hrs after obtaining the confession under torture.
So if the accused says the confession was
obtained by torture, it may be difficult for him to prove and the magistrate is
more likely to take the word of the police, when there is little outward
evidence he or she with their limited powers of outward inspection are able to
glean from that the allegation!
What is the resultant effect then of this
bill? Simply put, it will create a further level of fear amongst people who
wish to complain about an injustice, as they may fear torture themselves. We
must be careful not to create a climate of fear where the innocent are afraid
of making a complaint for fear of being accused, a very common new development
in our criminal justice procedures of Sri Lanka today.
So just think about this – we have
politicized our bureaucracy, we have politicized our judiciary, we have
politicized our police force, so have we injected our citizenry with so much fear
that they fear making a complaint against politicians?
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