By Rangana Hetti Arachchige –

Rangana Hetti Arachchige

The recent police shootout in Kotahena, which resulted in the deaths of two suspects arrested in connection with a murder, has stirred significant controversy. According to police reports, the suspects were killed after allegedly attempting to snatch firearms during a search operation. However, this event raises troubling questions about the growing prevalence of extrajudicial killings in Sri Lanka, particularly under the current government. The public must ask: Is this a return to a dark chapter in Sri Lanka’s history, or an unfortunate continuation of a dangerous trend?

Extrajudicial killings: A long-standing problem

Extrajudicial killings are not a new phenomenon in Sri Lanka. Over the years, successive governments have been accused of sanctioning or turning a blind eye to the unlawful killing of suspects by police or other law enforcement agencies. The most glaring of these incidents have often been framed as “shootouts” or “encounters,” with the suspects allegedly engaging in armed resistance. These events typically occur under the cover of police operations to combat crime, terrorism, or organized gangs.

While some may argue that these killings serve to swiftly deal with dangerous criminals, the reality is far more complex and alarming. The practice undermines the fundamental principle of justice and due process – the cornerstone of any functioning democracy. Under any circumstance, suspects must be presumed innocent until proven guilty in a court of law. The state’s role is to ensure that individuals are afforded a fair trial, not to serve as judge, jury, and executioner.

The international perspective: A clear violation of human rights

International law, particularly the Universal Declaration of Human Rights and conventions under the United Nations, unequivocally condemns extrajudicial killings. Amnesty International, in its reports on countries with problematic human rights records, consistently calls out such incidents, highlighting the widespread harm they cause to the rule of law and international norms.

The International Covenant on Civil and Political Rights (ICCPR), to which Sri Lanka is a signatory, prohibits arbitrary deprivation of life, and any killing by the state without legal justification is a violation of this covenant. Extrajudicial executions fail to meet the legal threshold of necessity and proportionality, and they completely disregard the judicial process that serves as a safeguard against state abuses of power.

As global attention shifts towards more transparent policing, countries that continue to condone or ignore extrajudicial killings risk isolating themselves from the international community and undermining the values that support democratic governance and human rights.

A pattern of abuse: Parallels to past incidents

The Kotahena shooting suspects’ deaths are eerily reminiscent of similar incidents in Sri Lanka’s recent past. During the tenure of previous governments, there were numerous reports of suspects being killed in “encounters” with law enforcement, particularly in the context of anti-terrorism or anti-narcotics operations. These extrajudicial killings were frequently dismissed as part of the fight against organized crime and terrorism, yet they remained unchecked and unpunished.

It is worth noting that the public, particularly during the period leading up to the 2019 presidential elections, overwhelmingly rejected the return of these “tough-on-crime” policies, which often served as a cover for human rights violations. Despite promises for reform and a stronger commitment to human rights, the current government seems to be backtracking on these principles, with the Kotahena incident exemplifying a dangerous and regressive shift. This not only undermines the credibility of the government but also erodes the trust the public places in the state to uphold justice fairly and impartially.

The role of accountability: Lessons from International Law

International law provides ample guidance on best practices for handling suspects, especially those accused of serious crimes. The basic principle that must govern police and military operations is the prohibition of torture and extrajudicial killings. Laws in countries like the United States, the United Kingdom, and across the European Union emphasize the need for transparency in law enforcement, the importance of judicial oversight, and the absolute prohibition of extrajudicial executions.

In terms of accountability, countries that face such challenges have taken proactive measures to ensure that law enforcement agencies are held responsible for violations. For instance, the United States has adopted various reforms following incidents of police violence, including body cameras, independent investigations into police shootings, and community-based policing strategies. Similarly, the United Kingdom has long maintained an independent watchdog, the Independent Office for Police Conduct (IOPC), to investigate incidents involving police use of force.

Sri Lanka must look to these models beyond the Police Commission and strengthen its own mechanisms for holding law enforcement accountable. Such practices would help reduce the risk of unlawful deaths at the hands of police and restore public faith in the judicial system.

The slippery slope: How extrajudicial killings undermine society

The dangers of extrajudicial killings extend beyond the immediate loss of life. When a government condones or turns a blind eye to such practices, it sends a message that the rule of law is optional. This message weakens the societal contract between citizens and the state and fosters an environment where human rights are disregarded.

Moreover, the growing normalization of extrajudicial killings creates a dangerous precedent where people are more likely to accept violence as a solution. This mentality not only leads to more brutality in policing but also erodes the moral fabric of society, further dividing the population and sowing distrust in both the police and the judicial system.

Furthermore, when the police take on the role of judge and executioner, it makes it far more difficult to distinguish between true criminals and those who may have been wrongfully accused or misjudged. The arbitrary nature of these killings increases the likelihood that innocent people may be harmed, further eroding the integrity of law enforcement.

The way forward: Restoring justice and accountability

In light of these grave concerns, it is imperative that the government take immediate action to stop the practice of extrajudicial killings. Steps must be taken to ensure that every individual, regardless of the charges against them, is treated in accordance with the law and is entitled to a fair trial.

The government must reaffirm its commitment to the Universal Declaration of Human Rights, to which Sri Lanka is a signatory, and undertake comprehensive reforms within the police force, including enhanced training on human rights, the establishment of independent oversight bodies, and the adoption of body cameras for police officers during operations.

A clear message must be sent to the public and the international community that Sri Lanka will no longer tolerate extrajudicial killings under any circumstances. Only then can we move forward as a nation committed to justice, accountability, and the rule of law.