Activists, rights groups raise alarm bells on custodial deaths

In response to escalating incidents of extrajudicial killings, activists and rights groups organised a candlelight vigil in front of the Welikada Police station in Rajagiriya, demanding law enforcement authorities and the government to end impunity on police brutality and custodial deaths

In response to the recent incident, the Acting Inspector General of Police Priyantha Weerasooriya has recommended the removal of Welikada Police Chief

In response to escalating incidents of extrajudicial killings, activists and rights groups organised a candlelight vigil in front of the Welikada Police station

On April 1, Sathsara Nimesh (26) was arrested by the Welikada Police following a complaint on unauthorised entry into a house in Nawala. But on April 2, Nimesh was pronounced dead. According to the Police, Nimesh had shown signs of mental distress and had behaved in an aggressive manner, banging his head on the wall of his cell, which prompted the Police to transfer him to the Mulleriyawa Mental Hospital where he had passed away while receiving treatment. However, in May 2023, R. Rajkumari (41), a domestic worker, died under mysterious circumstances while in the custody of the Welikada Police after being arrested on suspicion of theft. In response to the recent incident, the Acting Inspector General of Police Priyantha Weerasooriya has recommended the removal of Welikada Police Chief to the National Police Commission while two police officers, who neglected duties, have also been suspended. The move aims to ensure a fair and impartial investigation into the circumstances surrounding the suspect’s death. However, in response to escalating incidents of extrajudicial killings, activists and rights groups organised a candlelight vigil in front of the Welikada Police station in Rajagiriya, demanding law enforcement authorities and the government to end impunity on police brutality and custodial deaths.

Recent incidents of extrajudicial killings 

Nimesh was a resident of Meegahakiula, Badulla. According to the victim’s mother, Nimesh had called her during the late hours of April 1 and had complained that the Police was troubling him. The mother had pleaded with the Police to protect her son and that she would come the next morning. According to her, Nimesh’s clothes were recovered from a dustbin at the Police station.

Coincidentally or otherwise Rajkumari too was a resident of Badulla. Rajkumari was arrested on May 11, 2023, but she was pronounced dead the following day after being admitted to hospital. The Colombo Magistrate subsequently ruled that Rajkumari’s death was a homicide caused by assault with blunt weapons. Four policemen including a sub-inspector and two sergeants were arrested in connection to Rajkumari’s death. 

On November 8, 2023, Nagarasa Alex (25) and another individual were arrested by the Vaddukodai Police on their alleged involvement in a robbery. However, after being detained for a period of 72 hours- where Alex endured severe torture at the hands of the Police- he succumbed to injuries on November 19. The post-mortem examination revealed that ‘there were no natural causes that directly or indirectly contributed to the death, but there were multiple injuries and abrasions on the trunk, both upper and lower limbs. 

Concerns and appeals from civilians and activists 

The candlelight vigil organised in Rajagiriya had no political affiliation. It was organized by civilians and activists who were concerned about their own safety at a police station while questioning the state on who is responsible and accountable for custodial deaths. They questioned whether it is appropriate for the Police to use force and take the law into their own hands while calling themselves the apex body to maintain law and order in the country. 

“The police shouldn’t be deciding on behalf of the courts” - Abeygunawardena

In her comments, Kanaka Abeygunawardena (a participant at the vigil) said that she came to participate at the vigil as a citizen because she’s a mother of a son, who is the same age as the recent victim of an extrajudicial killing. 

“We have repeatedly heard about similar incidents. The Police has no right to use force against civilians other than enforce the law; that is under any circumstance. This is irrespective of a suspect’s religion, race or sexual orientation. Therefore I decided to come and be here to show my solidarity with those who are voicing against police brutality. Such incidents should not happen in future. My son might go through the same experience unless we ensure our law enforcement authorities are responsive and accountable. They are also part of the legal system in this country and they can’t apply the law unless they take people to courts. It is the courts that decide whether people are guilty of an offense or not. The police shouldn’t be deciding on behalf of the courts,” she added.

“Accountability must happen for this murder” – Gunawardena 

Chanchala Gunawardena, another participant said that people believe in the Government’s action that supports accountability and transparency, which it does through the Clean Sri Lanka Programme to clean the society.“Accountability should be respected and delivered from the police because people have trust in the Police and we are expecting protection and support. That is why their assistance was sought and when we see that assistance, support and trust broken and instead a young person who needed that help was hurt in this way, we have to ask what is then the system, the change and how do we get there? Accountability must happen for this murder, on this crime and I hope the government believes the trust that people have put in them and delivers that,” she said. 

“If govt. remains silent more people will take to the streets” - Weerasingham

“This government was born as a result of people who took to the streets at a time when they were devoid of their fundamental rights and were concerned about their own safety,” said Human Rights Activist Velusamy Weerasingham. “It was people who brought about this change in the system and this government was elected by people. But we don’t feel that the government elected by the people is working for the people. This is neither the first incident nor the last with regards to police brutality and custodial deaths. Incidents of using force to kill innocent civilians are on the rise. Today the police station is a place that people fear to walk into. During Keheliya Rambukwella’s tenure, patients feared for their lives when they got admitted to hospital. Now people are uncertain about their life once they walk into a police station. The very place that should secure the safety of people has become an unsafe place. We condemn these crimes. The government should put an end to impunity. At this rate, more people will take to the streets to express their disappointment towards the government if they continue to remain silent. Justice should be served to the victims and the perpetrators should be brought to book,” he added.

“Nobody has a licence to murder civilians” – Seneviratne 

In her remarks, attorney-at-law Achala Seneviratne said that sometime back, members of the incumbent government also voiced against similar injustices on the streets. “But now that they are in the government, we expect better accountability. Two custodial deaths happened at the Welikada Police station. Previously it was Rajkumari and now it is this youth. The Welikada OIC remained in his position during the previous instance. When we wrote to the Human Rights Commission (HRCSL), the Human Rights Commissioner recommended that an investigation should be launched against this OIC. This was in December 2024, but if they did a proper investigation another murder wouldn’t have taken place and the OIC wouldn’t have remained. Stricter punishments should be enforced against police officers. Already Deshabandu is being punished for his wrongdoings and it’s relatively easier to apprehend individuals in lower ranks. Law and order is not about killing people. There’s a procedure following an arrest. Law and order is not about harassing people while in custody and then giving excuses and murdering suspects. Nobody has a licence to murder civilians. Law and order is about enforcing the law effectively, irrespective of police officers, political leaders or judges. If police officers are resorting to such crimes in the guise of law and order then I believe that the law isn’t equal to all,” she underscored.