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Civil society organisation, the Lawyers Collective has expressed its concern about the Government’s failure to appoint a new Inspector General of Police (IGP) and the impact it may have on the Sri Lanka Police and the country’s criminal justice system.
In a statement issued over the weekend, the organisation highlighted the importance of restoring public confidence in the police to administer justice and the rule of law.
Full statement as follows:
The Lawyers’ Collective expresses deep concern over the failure to appoint an IGP according to the Constitution and its profound impact on the Police Department and the criminal justice system. Over the last eight months, the President has repeatedly extended C.D. Wickremeratne’s tenure, even after he has surpassed the age of compulsory retirement. Yet another purported extension, without the approval of the Constitutional Council, appears to have been made by the President on or about 3 November 2023.
The failures of leadership have contributed to a significant erosion of public confidence in the Sri Lanka Police over the past few decades. Issues such as a lack of independence, politicisation, torture, custodial deaths, and a lack of professionalism have all played a role in diminishing trust in the police.
The recent Supreme Court case of Mohammed Rashid Fathima Sharmila v K.W.G. Nishantha and others (SCFR 398/2008- S.C.M. 03.02.2023) highlighted the loss of credibility within the police force, stating, “It only highlights the utterly unprofessional approach to duty by the personnel who man it, and as a consequence, people are increasingly losing trust in the police. It had lost the credibility it ought to enjoy as a law enforcement agency.” In these circumstances, the Lawyers Collective emphasises the critical importance of restoring public confidence in the Sri Lanka Police for the administration of justice and the rule of law.
In accordance with the Constitution, Article 41, the President has a duty to nominate a candidate for the IGP position and shall only appoint a candidate approved by the Constitutional Council. Both the President and the Constitutional Council are entrusted with the sacred duty of ensuring that the appointed individual possesses an exemplary service record, is free of any blemishes, and has the capability to rebuild trust in the police. The Lawyers Collective reminds us that the highest norms and standards of good governance guaranteed by the constitution must be upheld by the Executive in the selection of IGP.
It is of paramount importance that individuals who have been found to have violated fundamental rights or perpetrated illegalities or criminal acts against whom there are fundamental rights or criminal cases pending and against whom allegations of involvement in unlawful activities, including torture and police brutality or serious negligence in their duties including in relation to the Easter Sunday massacre should not be considered for this appointment.
The Collective emphasises seniority is one consideration and that the appointment to this office demands that the most suitable candidate be nominated.
Furthermore, the Lawyers Collective suggests that prior to the approval of the IGP’s appointment, the Constitutional Council adopts rules for the procedures and processes governing the performance and discharge of the Council’s duties and functions, as provided for by the Constitution, to ensure a rigorous process and merit-based and accountable decisions.
The release was signed by Councils Rienzie Arsecularatne PC, Upul Jayasuriya PC, Dr. Jayampathy Wickramaratne PC, Geoffrey Alagaratnam PC, Dinal Phillips PC, Saliya Pieris PC, Upul Kumarapperuma, Prof. Savitri Goonesekere, Prof. Deepika Udugama, S.T. Jayanaga PC, Prof. Camena Guneratne, Harshana Nanyakkara, K.W. Janaranjana, Srinath Perera, Sapumal Bandara, Akalanka Ukwatta, Ermiza Tegal and Manoj Nanayakkara on behalf of all members of the organisation.
