by Dushy Ranetunge
(June 20, London, Sri Lanka Guardian) In Sri Lanka and many other democracies only the Parliament has the authority to make law. Under stress of fighting LTTE terrorism, some security forces personnel also seem to think that they have the authority to make law.
The latest episode took place at around midnight on Tuesday (17th) at the Air force checkpoint opposite the CEB near Lake House.
Individuals leaving the Hilton Hotel were routinely being stopped by the police in front on Lake House. The police officer requested the driver to get down from the vehicle and come uncomfortably close. This was the breathalysing test of the policemen trying to sniff out if the driver had been drinking. The driver who did not appreciate the face of a policemen too close to his own, shrank away and informed the policeman that he had not been drinking. He was then asked to proceed.
After turning right, the driver was asked to stop again a few yards away at a checkpoint manned by the Air force opposite the CEB.
They went through the usual routine of checking the identities of all those in the vehicle.
A foreign national who did not have an ID card produced his foreign photo ID driving licence.
The Air force sergeant suggested that the plastic photo ID driving licence card, which is similar to the Sri Lankan photo ID driving licence card, could be faked and that the passenger should produce the foreign passport.
It was pointed out that Sri Lankan law does not require people to carry their passports around and further that even passports could be faked as exposed by the Karuna incident entering the UK with a diplomatic passport under a false identity.
The Air force officials insisted that the passport should be carried and that other foreigners carry the passport.
Once more it was pointed out that although other foreigners may carry the passport, there is no requirement under Sri Lankan law for foreigners to carry their passport.
The Air force officers were polite at all the time during the conversation, but their insistence on trying to make Sri Lankan law by insisting that foreigners should carry passports was confusing.
A foreign passport and a foreign driving licence card could both be faked.
Both contain the same information as a Sri Lankan national ID card, a Sri Lankan driving licence or a Sri Lankan passport. They all contain a photograph, full name and address, date of birth etc.
So when all the information is identical, the unlawful demand that foreigners should at all times carry the passport was confusing, and seem that the Air force sergeant was trying to establish immigration status rather than a security check for counter-terrorism. This also would be unlawful.
If the Air force sergeant had reasonable suspicion that the foreign driving licence was fake, he was within his rights to call the police and have the passenger arrested. But this did not happen.
He was simply trying to use the argument that the foreign driving licence could be faked to gain a foreign passport, which would have had only immigration information in addition to what was on the foreign driving licence. This is without doubt harassment, and not counter-terrorist action.
In the light of Supreme Court decisions regarding checkpoints, the Air Force was clearly acting unlawfully and not involved in counter-terrorism, but harassment.
When the argument was not getting anywhere, a final threat was issued by asking the passenger if he (Air Force sergeant) could call some others (his men) to come and sort it all out. The passenger responded by stating that the sergeant could call any others if he so wished. The sergeant already had two other armed officers standing by and giving him moral support, but it seemed that it was not adequate to enforce his illegal demand that foreigners should carry passports at all times.
Finally, with the stand off not getting anywhere, the foreign driving licence was returned and the vehicle was asked to leave.
- Sri Lanka Guardian
According to ruls & regulation of Srilanka forcess have authority to request national identity card if Srilankan unless Passport for the forgners.
I was a srilankan but now I am Swidish national
When I am travaling in Srilanka I use to have Swedish passport evando I was southern sinhala buddish
It's not seems to be s harasment.
when some one applying for UK visa he must give finger prints den it also harresment ?
What you described can not seen as a major harresment situvation. Because you must be aware of the sercurity situvation in Sri Lanka and locals must provide thier National ID and foreigners thier passport. If you did not know this information those AIR FORCE members made ysure ou knew it afterwards. As you said they were polite to you. Yes according to you country this may look like harresment but in you country you dont have to worry about bomb exploding while you go home afterwork
For All foreigners, I lived in many european countries. In most of these countries you have to carry your Identity card or the Passport. If you havn't got you PP with you (most of the foreigners like us) you will be accompanied to the police, and so and so. you will be completely harassed.
I am with the Air force officers, Thanks for your politeness. I know you are doing a really hard job. If I were there I might react differently with the people who are arguing to show the basic proof of Identity for a foreigner in Sri lanka. You all must carry your passport , Not your driving license, when you goto another country you cannot show your driving license to the Air port authorities to get into the country. Next time - please send them to police for the identity verification of these uneducated foreigners. We are having such a hugh problem in our country. Most of these type of foreigners doesn't come to help our cause rather worsen it.
Passport indicates two major elements. It confirms the person’s citizenship in his own country and it confirms the identity of the person. It is true that one can produce a fake passport. But the passports are checked at the immigration counter with the most sophisticated modern technology. If you can remember Karuna got caught in UK because of his passport. Fake driver license are much easier to make. Other than that we could not expect our air force officers to check the veracity of driver license coming from all over the world. Imagine, USA itself has 50 states and one district. Further many dependent areas including Puerto Rico and number of pacific islands. Each State has different type of driver license. Imagine the number of Driver License that Sri Lankan Police officers have to recognize without any authentication from the country of origin. Within the country the driver license is a valid identifier, but not when you are traveling out side of your country.
There are many countries who do not accept the DL as an identifier from a foreign national. Passport is the most suitable identifier for a foreign individual to carry in his possession to prove his identity. We should thank for the air force officers for their politeness. They are working in an extremely stress environment. I was visiting Sri Lanka last five years and have seen a tremendous amount of improvement in their discipline, and greatly appreciated their work in providing safety for its citizens. I am glad for your reference to the politeness of the officers. We always have to think how best we can help them and make their life bit easier so they can do a better job in protecting us. Near the Hilton hotel there are many check points due to many roads coming from different directions. Within the Heathrow Airport in UK I have been checked more than five different places, each terminal, each entrance, and each exit. It was very annoying and time consuming. But the intention is to protect us not to harass us. So when you get stop next time be polite to them. Understand them. Appreciate them. We could not expect them to have all the legal training. But we can help them by carrying our passports. Just like you say “thank you” to police officers in London or any other country say “thank you” to the officers in Sri Lanka, they are good people and they deserve it.
Poor air force officer.He has to stand in the rain and sun do one of the most dangerous and stressful jobs and at the same time tolerate your arrogance and slave mentality . Don't abuse the words like harresment.
so according to you all, if karuna (one of the worst ltte men) comes through the same check point show his "fake" pp, he gets through without a prob? and prabhakaran comes with a fake national ID..he gets through? obviously it wouldnt say "Leader -LTTE" now would it? these check points are waste of time. Most of the time, people get stopped to be harrased or to peek at young women. these guys have no proper training or instructions as to what to do. what waste of time and money!
In Sri Lanka all are equal before the law. If this foreigner has to carry his passport, then Palitha Kohona should carry his Australian passport at all times and Gothabaya Rajapakse should carry his American passport as all time. The above comments show the ignorance of law by Sri Lankans and the dilution of law and other by tribalism and emotion.
The law of the land cannot be compromised because the poor soldier is standing in the sun and the rain. It is his chosen profession and paid for by the tax payer. But them most Sri lankan's don't pay tax and are living off the few who do, expecting them to pay for health, free education , roads, etc
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