Rule of Law must be upheld

 

Amidst the ongoing economic crisis, which has directly affected numerous sectors including politics, the people’s uprisings have significantly contributed to make positive and negative changes in the country.

While challenging the democratically and constitutionally established administration of the country in 2019, the Aragalaya was able to unite the entire country for one purpose and bring in a new appearance to the system.

However, while the positive side of the Aragalaya is being that, it was evident that the real Aragalaya is now being misused by some third parties to achieve their narrow agendas and interests risking the lives of entire Sri Lankans. A country where the Rule of Law does not prevail will end up in anarchy with its citizens being utterly insecure. The recent developments in the country which occurred due to

the economic crisis also challenged the Rule of Law to some extent. However, the situation is still under control. In this backdrop, citizens of the country should be mindful of the consequences of an anarchical situation caused by the absence of Rule of Law.

Police Media Spokesman, Attorney-at-Law SSP Nihal Thalduwa in an interview with Daily News explained how the latest developments in society challenged the

Rule of Law and what consequences can be expected if such situations continue further.

 

Q: What are the challenges for the Police during this social unrest?

A: Considering the prevailing economic crisis in the country, the Sri Lanka Police followed a flexible policy against the public when enforcing the law. People were in a stressful mood due to this situation and we were well aware of it. Under this stressful environment, sometimes the public engaged in arguments and clashes with the Police and military officers. They scolded us and insulted us when we tried to maintain law and order amidst protests and other objections. But, we tolerated them. We even did not take action against them, except if they harmed the officers or other individuals. Amidst this situation we observed that the public were going beyond the limits without giving due respect or adherence to the country’s law, which sometimes led to violence too. This situation posed a threat to the law enforcement authorities including the Police officers to carry out their job and duties and maintain law and order across the country. People who came to Colombo on July 9 took over and forcibly occupied several administratively crucial places in the Colombo Capital such as the Presidential Secretariat, Temple Trees, President’s House and also the Prime Minister’s Office in addition to several other institutions including the State-owned media. The protestors had also attempted to damage the statue of late S.W.R.D. Bandaranaike at Galle Face after which a Court order was also obtained to prevent people from reaching the premises.

These developments brought a black mark to the country’s image internationally in addition to the damage caused to these ancient buildings. We tried to take action through the judiciary system to prevent these incidents but those efforts also ended in clashes between the Police and the protestors. However, the Sri Lanka Police continued its traffic and environmental duties at the vicinity of the Presidential Secretariat even amidst the ongoing protest that is being held for over 100 days. We had informed them to vacate the place, the entrance to the Presidential Secretariat nine times during this 100 days. The Galle Face protest itself became illegal once they blocked the entrance but, at that time also we did not take action to remove them. We could have done that. But we didn’t.

In parallel with those protests and the country’s unusual situation, we observed that the situation was deteriorating further and the Rule of Law could not be upheld if people continue to disturb the law enforcement authorities in enforcing the law and the people do not respect it. We noticed motorcyclists were riding bikes in the cities without wearing safety helmets when the Police officers were present. That is how the situation was developing, which could badly affect not only the Rule of Law but also to the security of society including the Police and Tri-Forces officers and the general public. Actions to disperse the illegal assembly at Galle Face were taken only in this backdrop. The uniform of a Police officer is a symbol of the country’s law. An attack on one officer or a group is an attack on the law. Those attacks challenged the law.

The Constitution is the fundamental law of the country. We, the Police, do not disturb the people’s right to peaceful assembly ensured by the Constitution. But, we do not tolerate violence. The violence leads a society towards anarchy. Also everyone has to respect the other’s right to occupation. Police and Tri-Forces officers are also engaged in the occupation which they are prepared to. Therefore, nobody should disturb or threaten them. A protest disturbing the officers is not a peaceful one.

Apart from these things, the most important fact the general public should keep in their mind is that it is the Police or the Tri-Forces officers who will legally intervene or respond to the complaints of the public with regard to any crime or injustice against them. That could either be a murder, burglary, theft, harassment or a threat. When society challenges the law enforcing officers disturbing their duty, the entire system collapses. If the officers feel it is insecure to visit the scene of a crime or to attend to the complaints wearing his or her uniform, they will be hesitant to do it. Then, it directly affects the security of the general public. Then, people will handle the law as they wish. In such an insecure society, no one is secure. The people’s right to live depends on law and order only. Not only the Police or Tri-Forces, even the citizens of the country have a duty to protect the lives of the people under the Right of Private Defence Section of the Penal Code. In order to build a properly functioning and healthy society, the law should freely function and the Rule of Law must be upheld.

The Emergency Law Regulations are now in effect by the Gazette Extraordinary No. 2289/07 dated July 18, 2022 issued by the President. Under these regulations powers have been granted to the law enforcing authorities including the military forces to intervene to ensure the continuity of the essential services. The clause 41 of this Gazette Extraordinary says “It shall be the duty of all public servants, Police officers, members of the Armed Forces and employees of the statutory boards and authorities to take steps in good faith to enforce the provisions of these regulations in good faith, impartially and comprehensively and prevent a violation of any of the regulations contained herein to the best of their ability.”

Even when these regulations were in effect, the Police took legal action against those who were arrested at Galle Face on July 22 morning only under the normal law. That is how we treated the people in a very flexible manner amidst this critical situation. But we cannot tolerate this anymore and let the situation deteriorate causing any damage to the public security. Therefore, Police request the public to respect the Rule of Law and allow the peace officers to carry on their duties with no disruption.

 

Q: It is claimed that the way in which the Security Forces cleared the Galle Face protest site on July 21 night was inhuman?

A: I can assure that all those who joined this operation were military and Police personnel only. No outsiders were there. While the assemblies should be conducted according to the law, the illegal assemblies should be dispersed according to the law as well. The assembly in front of the Presidential Secretariat is also an illegal one. But, we dispersed them in a legal manner. However, if anyone has a complaint about the way in which the Security Personnel dispersed the GotaGoGama protestors on July 22 through the joint operation conducted, they can seek the support of the country’s legal system.

 

Q: Several media personnel were attacked by the Security Personnel during the tense situations reported recently in Colombo?

A: Most of these incidents were reported amidst the tense situation and clashes that were reported at night. During a tense situation it is difficult for the Security Officers to verify the identity of each and every individual. Journalists wearing only the media accreditation card on such occasions will not be sufficient. We recommend that Journalists wear a safety helmet and a jacket bearing the word ‘PRESS’ that will be helpful to clearly identify them. However, if someone was assaulted even after him being identified as a journalist, legal action can be taken against those officers. Journalists keeping the media accreditation card alone with them during the coverage of a riot, would not provide them safety or security. The relevant media institutions have the responsibility to provide their journalists with necessary safety equipment for their safety. This has been an issue that prevails for a long time. As the Director (Media) of the Police Department, I have discussed this matter with the Ministry of Mass Media and suggested to provide journalists with security equipment.

 

Q: Why was the Emergency Law imposed in the country on July 18?

A: The main purpose of the recently imposed emergency regulations is to ensure the continuity of the essential services throughout the country amidst the prevailing situation.

 

Q: What is the reason for calling out the military to maintain Law and Order in the country through the Emergency Law?

A: Under Section 12 of the Public Security Ordinance (Chapter 40) the President has the powers to call out the members of the Armed Forces when necessary.

 

Q: Don’t you think that the joint operation conducted on July 22 to disperse the protestors caused to intensify the public anger?

A: Various groups and people may have different opinions on that. But, what we dispersed was an illegal assembly that was occupying the front of the Presidential Secretariat. Police had informed them on several occasions earlier to vacate the place peacefully.

 

Q: What do you have to say about the social media contents being posted and shared against the Security Personnel and their families?

A: Some of these contents are posted by organised groups with vested interests. Then others share them. The second party is not the members of those organised groups. There are some others who post their opinions too. Under Clause 15 of the Emergency Regulations that are already in force, those spreading baseless statements or rumors will be prosecuted. Currently, the investigations are going on.

 

Q: How are Police officers facing the tense situations at filling stations?

A: The department has deployed Police officers for the duties at the filling stations for the security of that place and to maintain the law and order there. We are not in a position to deploy more than two officers for one shed. Our officers face difficulties when handling hundreds of people at a single filling station round the clock. So, I request the public not to get into arguments or clashes with the Police officers. Also, the public has a responsibility to act peacefully to receive the issuing amount of fuel by each shed.

 

Q: Have the Police observed any increase in the rate of crimes and robberies amidst the ongoing crisis in the country?

A: Police haven’t observed any development in the number of crimes taking place other than the usual numbers. Also, there is no such situation where people with no criminal history start to commit crimes due to the economic issues yet. These are good indicators to say that the Rule of Law still prevails in the country and the country’s situation is still under control. We should not allow social unrest to explode causing unnecessary consequences to society.

Police Media Spokesman, Attorney-at-Law SSP Nihal Thalduwa. 

Pictures by Samantha Weerasiri