Dealing With Custodial Violence and Police Brutality

South Asian countries have similar problems where custodial violence and police brutality is concerned. Our introductory article looks at the manner in which the D.K. Basu decision delivered in 1997 by the Supreme Court of India is currently being blatantly ignored in the very state from which the said case originated.

Unless the directions and requirements laid down by apex court trickle down to the lowest levels of judiciary and enforcement authorities, the protection of human rights of citizens will remain a dead letter of law. As far as South Asian countries are concerned, it is imperative that the Central and State Governments, National Human Rights Commissions, the Judiciary, Media and the Non-Governmental Organisations make
a sincere and concerted effort to create mass awareness of basic human rights. Awareness is thus the key to this whole issue. Creation of that awareness together with provision of the necessary support for a victim to go before the courts and highlight the wrongs done to him or her remains a priority.

Custodial violence has been particularly prominent in Sri Lanka. We welcome the recent establishment of a unit to deal with public complaints by the National Police Commission and ongoing efforts to put into place procedures to deal with such complaints as mandated under Article 155G (2) of the Constitution.

These efforts are being supported by a large number of members of the clergy, teachers, committed activists and public minded citizens, some of whom have been victims of brutality by police officers, who despite being subject to judgements of the Supreme Court declaring them to be responsible for human rights violations, still serve in the police force and have indeed, been promoted thereafter.

The second article in this publication discusses issues relevant to the question of constitutional making gone wrong in Sri Lanka, making a pithy analogy in regard to the dreaded ¡¥mad cow¡¦ disease which resulted in the culling of thousands of animals in the West not so long ago.

In this instance, the emergence and continuation of the 'mad constitutional disease' in a country that once projected a success story for South Asia, resulted in what was recordedly the highest number of disappearances in the world at that point of time as well as in the painful destruction of democratic institutions that earlier served the people.

Our concluding analysis examines the context of the interventions being made by the United Nations Human Rights Committee in respect of individual communications lodged by individuals complaining of violation of their rights under the International Covenant on Civil and Political Rights by the Sri Lankan State.

The writer makes a persuasive case for the domestic implementation of the UNHRC Communication of Views, and asks as to how sanctity could be attached to the actions of a State party who maintains that adherence to obligations imposed by treaties to which that State party has voluntarily subjected itself in all its full force, is limited to mere rhetoric in international fora? On the contrary, such an insistence would be tantamount to self-immolation in the community of nations, which any country ¡V even the most powerful - can ill afford.

In accordance with our normal practice, we also publish News and Views as well as Case Watch in this volume of Protection and Participation. We would appreciate if cases that are decided on similar lines by other courts in the region are sent to us by our readers in South Asia.