Photo courtesy of ALRC
“Injustice anywhere is a threat to justice.” Martin Luther King
The incidents of extra judicial killings are on the rise again with several suspects being killed while allegedly trying to escape or dying while in police custody. The police are identified as the main perpetrators. The killings are human rights violations and raise questions about the rule of law and the limits of police powers. This article discusses the nature of the problem, its impacts, the influence of civil and political society, international examples of suppressing such crimes, the role of social media users and solutions.
Extra judicial killings refer to the killing of suspects by the police while in custody or under some pretext such as while trying to escape, while taking suspects to show weapons or during an exchange of gunfire. However, since there are no independent investigations, doubts arise as to whether these are genuine situations or planned killings. During the civil war and afterwards, such allegations have been made against the police and the military.
A September 2023 UNHRC report stated that human rights violations, especially deaths in police custody, remained unresolved. The report cited the death of a young man named A.G. Samantha Preethi Kumara in police custody on January 10, 2023. The police claimed that he had injured an officer during an investigation and died from internal bleeding. However, there was no independent investigation. Proper investigations and punishments for such incidents are limited.
The impact of these killings on society is undoubtedly serious. On the one hand, it can be seen as a justification for eliminating criminals such as drug traffickers and underworld gang members but it inevitably threatens the rule of law since every person has the right to a fair trial before the court; this right is violated through such killings. Unlimited police power contains the serious risk of misuse. A 2021 UNHRC report pointed out that Sri Lanka’s culture of impunity exacerbates the problem.
Civil society, including human rights organizations, intellectuals and the media, should exert strong pressure to tackle the problem. Organizations such as the Centre for Policy Alternatives have criticised extra judicial killings and are demanding investigations. Civil society can raise public awareness through the media and pressure the government with protests and seminars. It can build public opinion to force the government to follow transparent policies and obtain support from international organizations.
Parliament, political parties and the government bear the primary responsibility for providing solutions to the killings but often attempt to justify them or remain silent. This will rapidly erode democratic values. For an example, the government claims that killings during anti-drug operations are crime suppression. However, there should be clear guidelines on police powers through legislation, the establishment of independent investigative bodies and open, transparent discussions by politicians. Political will is vital.
Steps taken by various to end extra judicial killings can be an example for Sri Lanka. Colombia: Despite widespread police killings against drug traffickers in the 1990s, the establishment of an independent Inspector General after 2000 and the support of international human rights organizations reduced the killings. South Africa: The Truth and Reconciliation Commission was established in 1995, conducting investigations to punish those responsible and rebuild trust lost during the apartheid era. England: After the accidental killing of a Brazilian national by London police in 2005, an investigation was conducted through the Independent Police Complaints Commission and police training was improved to minimise such incidents.
Social media users can influence ending these killings by sharing information about the incidents in a way that does not prejudice or hinder investigations, raising public awareness and building campaigns to pressure the government. There are two examples for this. Arab Spring (2011): Through social media in Tunisia and Egypt, information about human rights violations was exchanged and people became organized, leading to public protests against the then government, which went on to cause political changes. #BlackLivesMatter (2013): This movement, which began on Twitter against police killings in the US, spread globally after George Floyd’s death in 2020, creating pressure for police reforms. In Sri Lanka, a campaign with a hashtag like #EndExtrajudicialKillings can be built through social media to raise social awareness and pressure the government. The urgency of such a social movement has become more acute recently.
As a remedy, establishing an independent investigation mechanism is a crucial task. Instead of investigations within the police, external, transparent examinations should be conducted. The UNHRC in 2015 proposed introducing an independent mechanism like South Africa’s Truth and Reconciliation Commission. Legal action should be taken against officers responsible for these incidents, ending the culture of impunity. Police officers should be given proper training on human rights and clear guidelines on their powers. As proposed by Amnesty International, another important aspect is to demonstrate that the government is bound to act in accordance with international agreements such as the Convention Against Torture. All of this will require political will from the government and public support.
Extra judicial killings will harm Sri Lanka in the long term. It is a threat not only to human rights but also to social trust. As international reports indicate, this is not a problem limited to Sri Lanka; it is a global challenge. Through active influence from civil society, political society, the media and social media users, and learning from international examples, finding a solution to end the killings is not difficult; it requires an open, transparent dialogue and agreement on the solutions presented. Otherwise, talking about the rule of law will be limited to words and all social values will be eroded.