On 03 April 2023 The Attorney General informed the Supreme Court that the Inspector General of Police has prepared and submitted to the court a set of guidelines to be implemented to minimize the number of cases of suspects being shot dead while trying to escape when they are taken out for investigation purposes such as “displaying weapons”.
Subsequently, the Chairman of the three-judge Supreme Court bench, Justice Buwaneka Aluvihare, addressed the Inspector General and said that the court had issued orders to prepare such a set of guidelines in order to ensure the rule of law and to protect the trust in the police.
The judge thanked the IGP for preparing and submitting the relevant guidelines to the court and also instructed the IGP to issue the necessary instructions and orders to the officers to implement them effectively.
The guidelines prepared by the IGP and submitted to the court state the following:
Protecting the life of an arrested suspect should be the primary responsibility of the police officers and even in cases of natural illness, they should be questioned, hospitalized and provided with necessary treatment.
The guidelines also state that strict attention should be paid to the safety of suspects arrested in connection with dangerous criminal cases such as organized crime gang members, drugs, murder, and terrorist activities.
When such suspects are in custody, OICs should ensure their safety and the Sub-Service Officer should check on the suspect every half hour and make notes about it.
When it is necessary to take such a suspect out, the Assistant Superintendent of Police in charge of the district should be informed and necessary instructions should be obtained.
It is stated that suspects should not be taken out except in cases of necessity and if they are taken out, specific notes should be made about it and maximum measures should be taken to prevent attempts to snatch weapons and the escape of the suspects and that the relevant suspect should be placed in a suitable vehicle at a suitable place so that it is not possible to do so.
When taking suspects to places where allegedly firearms and grenades are hidden, officers should ensure that they are handcuffed and the relevant road instructions state that the officers should carry out the relevant search and examination in the presence of the suspect on the instructions of the suspect.
The relevant guidelines state that officers should ensure that video footage is recorded in all such cases, and that such video footage can be used as evidence against a suspect, and that it is also important to protect the transparency of the incident if it occurs.
Under no circumstances should a suspect be subjected to physical or mental torture, and that threats, inducements and promises should not be made to obtain confessions. It states that steps should be taken to provide access to the suspect’s next of kin and lawyer to meet him when necessary.
The guidelines further state that lawyers representing them should be provided with maximum assistance to protect their rights so as not to hinder police investigations.
In addition, the relevant guidelines also include the procedure to be followed in the event of the death of a suspect in custody.
Accordingly, it states that in the event of a death in custody, an impartial investigation should be conducted and a Magistrate’s Inquiry should be conducted.
In the event of a death of a suspect in police custody, the relevant investigation should be conducted under the supervision of the Deputy Inspector General in charge of the district, the Deputy Inspector General in charge of the province or the Superintendent of Police in charge of the division, as the case may be.
Such an investigation should be conducted by deploying officers at another police station outside the police station where the incident occurred and it is important to record evidence as independently as possible from the suspect’s next of kin and external parties in such cases, the guidelines have emphasized.
The guidelines further state that lawyers representing them should be provided with maximum assistance to protect their rights so as not to hinder police investigations.
In addition, the relevant guidelines also include the procedure to be followed in the event of the death of a suspect in custody.
Accordingly, it states that in the event of a death in custody, an impartial investigation should be conducted and a Magistrate’s inquiry should be conducted.
In the event of a death of a suspect in police custody, the relevant investigation should be conducted under the supervision of the DIG in charge of the district, the DIG in charge of the province or the Superintendent of Police in charge of the division, as the case may be.
Such an investigation should be conducted by deploying officers at another police station outside the police station where the incident occurred and it is important to record evidence from the suspect’s immediate relatives and external parties as independently as possible in such incidents.
If in such an incident, a matter such as dereliction of duty by an officer is revealed, the Provincial Senior DIGs should take steps to investigate the matter and in such a case, the Provincial DIGs should immediately initiate investigations into the relevant incident through the Special Investigation Unit under their jurisdiction.
It also states that in cases where the Provincial DIGs decide that the relevant investigation should be conducted by the Special Investigation Unit of the Police Headquarters due to the complexity of the incident, the relevant investigation should be referred to the IGP with the recommendation of the DIG.
The IGP has issued a circular to all police stations in the island stating that from now on, when taking suspects in police custody out for investigation, officers should ensure that they act in accordance with these instructions and that if any officer is found to have acted contrary to these instructions, strict disciplinary action will be taken against him.
Translated from Sri Lanka Mirror article published on 04 April 2023