A man is shot dead while in the police custody of the STF

File Photo

(September 29, Hong Kong, Sri Lanka Guardian) According to the information we received Mr. Jayakody Arachchilage Oman Perera of No 22, Palle Kalley Janapadaya in Kurunegala was arrested at around 4.45 pm on Tuesday 31 August 2010, at his residence by police officers attached to the Special Task Force (STF). The police officers brought Jayakody by a police jeep from Kurunegala to Colombo. It was during this journey that one of the officers shot Jayakody apparently because he attempted to escape. He was shot inside the vehicle near the Japalawatta Industrial Zone junction in Minuwangoda. Jayakody was rushed to the Minuwangoda Hospital from where he was transferred to the Intensive Care Unit of the General Hospital, Gampaha. He died at the ICU at around 9.40 pm on the same day.

According to the police version the incident Jayakody was shot dead by the STF officer when he attempted to escape from their custody. The police stated that Jayakody was arrested on suspicion of involvement in a series of crimes including murder and drug related offenses.

Sadly this is another incident of the death of a suspect in police custody. It has been pointed out time and time again that the police are responsible for the safety of the suspect at all times. The STF are supposedly highly trained and efficient officers. They are considered the elite of the Sri Lankan Police Service. How then was it possible for these elite officers to be so lax in their duty so as to allow Jayakody the opportunity of escape? The safety of the suspect whilst in the custody of any branch of the Sri Lankan police is a non-transferable responsibility and deaths in custody is becoming frighteningly more common. The officers are legally bound to report the details on all development of the detainee while in police custody including his movements and wellbeing.

Many identical cases have been reported in Sri Lanka within the past few months. Ironically, according to the police reports every suspect who has been shot dead while in police custody, have all tried to escape. If this is indeed such a common danger why then has the Inspector General of Police not issued orders to all the officers under his command to guarantee their own safety by ensuring that the suspect is securely restrained? Another common incident is where the suspects attempt to escape while showing the police a stash of concealed weapons. Despite being surrounded and guarded by well trained and professional police officers they are able to locate a hand grenade which they then attempt to throw at the officers.

This is a scenario which has been used so frequently by the Sri Lankan police that it is now laughable. The officers, particularly those of the STF must have been aware of the danger, real or imagined that Jayakody posed. Why then did they not supervise his movements more closely? Why he was not handcuffed securely? According to Departmental Orders any suspect being arrested must be handcuffed to prevent his escape and ensure his safety and that of the officers.

The Officer-in-Charge of the STF detachment is responsible to protect all the detainees under this custody. Having reached this rank this officer alone should have the experience necessary to handle the situation. It is the non-transferable duty of the police to ensure the safety of any suspect under detention.

Sources: Asian Human Rights Commission