H M G V Kotakadeniya, an advisor to the Sri Lankan Ministry of Defense on police matters, is today reported as having said that the Inspector General of Police (IGP) will now be able to appoint and transfer police, since the National Police Commission (NPC) has ceased to function due to the continued delay in appointing a new Constitutional Council, which is itself responsible for the composition of the NPC.
What authority does this advisor have to confer powers on the IGP? Do his powers exceed those of the Consitution of Sri Lanka? Presumably not, as neither the minister of defence nor the president of Sri Lanka have such powers. In fact, they are duty-bound to uphold its provisions. Yet, the constitution has, under its 17th Amendment, allocated the powers of police appointments and transfers to the NPC, not the IGP. And nowhere is there anything written about a role in policing for the Ministry of Defence.
The Asian Human Rights Commission condemns the statement attributed to Kotakadeniya as irresponsible and against the best interests of a people struggling hard to regain lost rights due to the extreme politicisation of their institutions. As a former deputy inspector general of police and law graduate, the advisor surely understands basic legal principles. Ironically, he once made headlines by crying out against politicisation of the police when he was denied the IGP post, despite having seniority. Yet his statement now reminds us of the bad days when ministers freely manipulated the policing system with the intent to obtain political and personal goals.
Kotakadeniya has also chosen to ignore a UN treaty body that has called for the immediate appointment of members to the Constitutional Council and the National Police Commission. After officially meeting a Sri Lankan delegation in Geneva during November 2005, the Committee against Torture wrote that
“While noting the significant role of the National Police Commission in disciplinary investigations of the police force, the Committee notes that the terms of office of its current Commissioners will expire at the end of November 2005 and is concerned that no new Commissioners have yet been appointed. The State party [Sri Lanka] should proceed with the urgent reappointment of the Commissioners of the National Police Commission. Furthermore, the State party should ensure that the public complaints procedure provided for in Article 155G(2) of the Constitution is implemented and that the Commission is given adequate resources and full cooperation by the Sri Lanka police in its work.”
The emergence of the National Police Commission ended the era when draconian powers and subtle means were combined to manipulate the policing system for petty ends by ministry of defence, thereby substantially damaging the rule of law in Sri Lanka. There are now serious efforts afoot to return to those days. There are strong grounds for suspicion that a scheme exists to sabotage the 17th Amendment and re-politicise the police, among other key national institutions. Kotakadeniya may be set to take the lead role in wiping out the National Police Commission(NPC) and constitutional safeguards against the abuse of public authority by politicians.
Any person who openly calls for the constitution to be contravened, or connives to sabotage its provisions, does not deserve to hold a public office. The Asian Human Rights Commission demands that Kotakadeniya openly repudiate his statement and make a public avowal of his loyalty to the constitution. If he does not, he must resign. We also call for strong public efforts to oppose a return to the days prior to the establishment of the National Police Commission when the Ministry of Defense felt that it could run roughshod over the rights of the Sri Lankan people and do with the police force as it pleased.
