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Sunday, 20 June 2010

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Civilians' rights assured - Bar Association Chief



Shibly Aziz PC

It is the common belief that most police officers are not aware of the meaning and formation of the word Police which stand for Polite, Obedient, Lenient, Intelligent, Courteous and Efficient.

Public media often report that when an innocent person visits a police station to seek justice and fairplay for his or her grievances, they are treated shabbily by police officers or had been subjected to untold hardships and confronted with more serious situations

There had been a number of incidents in the past where innocent people have been harassed tortured and even killed by the police while in custody due to sheer disregard of law and accepted legal procedures.

It is not only ordinary civilians who were victimised by the police but also the people of the stature of senior attorney Eardley Perera PC and JMO Udugama, Dr. Salgado who were victimised by the police for which eventually the police officers concerned were punished after going through the legal process and being convicted.

An incident was reported recently where an Attorney-at-law was badly abused by the officer-in-charge of the Bambalapitiya Police Station, when he visited the police station to look into the interest of his client who was in police custody.

The Attorney-at-law in question instituted legal proceedings against the OIC for violating his fundamental rights and obstructing his duties for which the accused tendered an apology at the trial and the matter was settled amicably.

However, the Supreme Court has directed the IGP Mahinda Balasuriya to formulate a code of conduct in entertaining complaints from the public on their grievances and also to assist lawyers who visit police stations to look after the interests of their clients in police custody.

The Sunday Observer contacted the President of the Bar Association of Sri Lanka, PC, Shibly Aziz for further clarification and he said that the legal framework of the code of conduct has been already drafted by the legal Draftsman which will be subjected to scrutiny and endorsed by the relevant authorities and it will be incorporated in Section 57 of the Police Ordinance. It will be translated in to all three languages and gazetted soon and will come into effect shortly.

He said that a committee will be appointed to monitor the smooth implementation of the new procedures by all police stations in the island and the public will be informed of their legitimate rights.

The constant complaints by the public on harassment, intimidation and unlawful detention by the police will be minimised with the implementation of those new procedures, he said.

Police media spokesman SP Prashantha Jayakody told the Sunday Observer that there is a very effective set of guidelines in the Police Ordinance for dealing with the public which the police follow at present and if there are further additions or introductions to the prevailing guidelines over a Supreme Court judgement, they too will be exercised in future for better civil administration in the society.

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