“Man arrested by the police yesterday was found dead today, was the heading of a news item yesterday in a well known Sri Lankan newspaper. Such a report of custodial deaths is so common that the news item would have provoked little surprise. Deaths in police custody have become a triviality. News about torture in police custody provokes no better response. Such news is so common that nobody even questions the veracity of the report. The reaction is that is the way things are.
There were two major news items in the recent week about police corruption. One was about a government auditors report on widespread corruption in the police department regarding purchases. The buying of items such as spoons made from coconut shell which can be bought for Rs 20/- in the market and which were accounted for at Rs 200/- each; a door mat worth Rs 200/= which was accounted for at Rs 2,600/50 each; a hand towel worth Rs 20/= which was purchased at Rs. 120/= each and an electric coconut shredder worth Rs 5,500/= and which was purchased at Rs 23,500/= are among the many items which have been questioned by the Auditor Generals Department. Since these items are often bought in large quantities to serve various operations where many thousands of officers participate, the alleged fraud involves large amounts of money. For one operation alone the amount comes to Rs 5,247,584/=. When many such transactions are taken together it comes to a staggering amount. Once again public reaction would be the same: everyone knows that it is how things are.
The next news item was the questioning of the former Inspector General of Police by the Commission for Bribery and Corruption. The tip off had come, according to the reports, from some senior police officers themselves. Once again the public surprise is not about the allegations of corruption but how it was possible that there is an inquiry about it in the first place. The question that is in the minds of the public is, why only him? There is the presumption that everyone at the top is in the same game, except of course for some rare exceptions. The sort of psychological conditioning in the society is that any official is presumed to be corrupt. The public knows that there is corruption around every corner. However, there is nothing to spur them into action.
The energy to fight back against corruption, extrajudicial killings, forced disappearances and torture can come only when the people believe that the rule of law still continues to operate, even with some limitation. It is a very low feeling that generally exists throughout the country about the rule of law. In some areas, like the north and east it does not exist at all. Even in the rest of the areas, including the capital, Colombo, belief relating to the law has fallen to an all time low point.
Perhaps one of the universal tests of measuring the belief in the rule of law in a particular country is the attitude level of the judges. Attitudes are best judged by actual deeds. Here is one example by which to judge the attitude level of the judges themselves.
A young man complaining of severe torture which resulted in a brain injury and severe injuries to his feet made his tryst with justice and the journey took him over six years from April 2002 to October 2008. What did the judge decide? Here are the words of the judge herself recorded form her judgment:
“If the suspect was assaulted on the soles of his feet, particularly if he was assaulted for about thirty minutes, there should be severe injuries on the soles of the feet. But the according to the medical report there is no mention of any injuries to the soles of the feet. For the suspect to have been struck on the soles of the feet for thirty minutes without any signs of injury is truly wondrous.
(Translated from the judgment delivered on 9 October 2008 by the judge of the High Court of Negombo in case No. 259/2003)
Now compare the judges word with the evidence before her in the very case record. In contrast to this finding by the High Court judge the medical report of the Assistant Judicial Medical Officer (AJMO) Dr. Kumudu Kumari Jusa, stated that on the soles of the feet were injuries nos 9 & 10.
8. Contusion 2 inches x 2 inches on the sole of the left foot;
9. Contusion 2 inches x 1 inch on the sole of the right foot; and
.
The AJMO gave detailed evidence on injuries Nos 8 & 9 and explained in detail the nature of these injuries and stated categorically that these injuries could not have happened in any other way except by way of assault.
“Q. You came to a conclusion on the basis of injury no. 10 and injuries no’s 8 & 9?
A. It can be said that this is due to an assault. Injuries nos 8 & 9 which are injuries to the soles of the feet cannot happen in any other way.
Q. Why is that?
A. Having injuries on the soles of the feet like injuries nos 8 & 9 specially, can happen due to assault on the soles of the feet. It can happen also if a person falls from a height to the ground. If it is not like that there is no way for there to be injuries on the soles of the feet.
Q. If a person falls from a height injuries like this can happen?
A. Yes. If you fall from a height there would be bone fractures and accompanying injuries.
Q. Did you observe a fracture of the bones?
A. No.
Q. After examining this patient what is the conclusion you came to?
A. That the injuries are due to an assault.
Q. To come to that conclusion, injuries nos 8 & 9 contributed a lot?
A. Yes.”
(Also from the same case record)
If the performance of a judge of the High Court, even in faithfully recording the evidence before her can be as wrong as this, does that not indicate the attitude level within the judiciary itself?
Under these circumstances are there any legal means left for the people of Sri Lanka to fight against torture, extrajudicial killings, forced disappearances and corruption by the police and others.
