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Sri Lanka’s Al Capone Syndrome threatens human security

Rise in incidents of gun violence

16 June 2022 03:05 am - 2     - {{hitsCtrl.values.hits}}

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Be it Al Capone, Pablo Escobar, El Chapo or any other crime boss, violence in the form of shootings or any other crime that happens with the blessings of drug lords, politicians or businessmen, cannot be tolerated in a country that calls itself democratic. Five incidents of shootings were reported within a span of four days during June and in one of these shootings a state witness too was killed. Many who are being killed in these shootings also seem to be in their youth; raising a further question on whether the youth have opted for drugs and underworld related operations as a result of the prevailing economic crisis. 


The Daily Mirror therefore focuses on the distribution of weapons within the society, how outdated laws assist those engaging in crimes and how Sri Lanka can put an end to its escalating gun culture.

 


Alleged link to Army deserters and drug addicts

Police Officers investigating the crime scene at Bastian Mawatha following a shooting that happened earlier this year


Speaking to the Daily Mirror, former Attorney General Palitha Fernando said that sometime back weapons were issued to VIPs as they were vulnerable to being victims of violence. “Many didn’t return the guns to the state. Subsequently certain underworld gangs were formed. Prior to issuing a licence a person’s background, police records etc., are checked. But now there is no specified criterion required to be met to possess a firearm. On the other hand many Army personnel deserted the Army while still possessing weapons and we haven’t been 100% successful in getting back those weapons. Today’s underworld possesses firearms and there are hired assassins. Sometime ago we heard of the white van culture and this is something we cannot condone. Then there are weapons like Gal Katas; which are locally manufactured guns. Sometimes politicians are authorised to carry a gun for their own protection,” said Fernando. 


Recalling certain incidents that took place at the time, Fernando said that whenever there was a bank robbery or other daring robberies, an Army deserter was involved. “But for petty thefts, it was usually a drug addict. Army deserters are trained to handle weapons. However, weapons cannot be smuggled into the country,” he explained. 

 


Human security over national security 
The National Commission Against the Proliferation of Illicit Small Arms (NCAPISA) was setup during President Chandrika Bandaranaike’s tenure. This Commission was setup to coordinate approaches related to small-arms related problems in Sri Lanka. “At the time the Commission Secretary was Gotabaya Rajapaksa and it was he who signed the document as the Defence Secretary,” opined Vidya Abhayagunawardena, Coordinator for the Forum on Disarmament and Development (FDD). “The reason to setup this Commission was that it was around that time that the United Nations setup the Programme of Action to Prevent, Combat and Eradicate the Illicit Trade in Small Arms and Light Weapons (UN POA) and Sri Lanka chaired this programme. It was a huge boost for us and the government got technical support as well as funding. We setup the commission ((NCAPISA) and the first thing we did was form a gun amnesty and collected around 30,000 Small Illicit Arms from various places except the North and East because at the time the war was going on. But it wasn’t a proper survey because the war wasn’t over, there were Army deserters and they brought weapons to the South and the LTTE was selling weapons here and there. For the first time in South Asia we destroyed Illicit Small Arms at the Independence Square during 2006-2007,” said Abhayagunawardena. 


“In 2008 we produced this report and the war concluded in 2009 and the Commission was dismantled thereafter. We questioned the government on why they dismantled it because we should have ideally continued the commission with the support from the UN. After the war, only a few civil society organizations spoke about human security. But our number one concern regarding the country is human security. National security is part of human security,” said Abhayagunawardena. 


Abhayagunawardena further said that previous regimes hadn’t touched upon the subject of illicit small arms. “This should continue every year with the situation. In a post-war situation we should have a focus on human security and it is part of reconciliation. If I don’t have a job and cannot have at least one meal, I will try to rob a house, try to kill somebody, become an agent to bring drugs and I will go against the state. This is why we need a proper system in place.


“The most recent incident was the Easter Sunday Attack. A week before the Easter Attack the Christchurch Attack took place in Wellington. New Zealand is one of the best countries in the world when it comes to human security. Within a week Jacinda Adern banned the particular assault weapon and by mid April they amended their Firearms Act. All people handed over their weapons to the government and the government paid them money. That is development. But what about Sri Lanka?” he questioned. 

 

Outdated laws
There are certain acts with regards to firearms and explosives including the Firearms (Amendment) Act No. 22 of 1996, Offensive Weapons Act No. 2 of 2011, Explosives Act and the Dangerous Knives Act or the Knives Ordinance. “But the fine for carrying a prohibited knife is only Rs. 50! The fine for the possession of illegal explosives is Rs. 25,000. Stamp fee for a weapon used in agriculture is Rs. 50. These Acts have been gathering dust and haven’t been amended at all. How can we say we live in a modern society if our laws and systems have been outdated? If the system and laws are in place violence will reduce. People would be aware of repercussions of carrying an automatic weapon. Locally we should amend existing laws and fines and we are requesting the government to increase the fines. The fine for carrying an illicit firearm should be raised at least to Rs. 500,000 given that the weapon is not used in any murder, theft or illegal activities. We don’t have to put people in jail, but if there’s a high fine, people wouldn’t attempt to engage in gun violence. If the firearm is involved in a murder the fine could be raised to Rs. 5 million,” he suggested.

 


Legal issuance of weapons
He further alleged that the gun registry at the Ministry of Defence is not automated. “As long as the weapon is registered with the Ministry of Defence there is no problem. They are responsible and they know the number of bullets issued and why they were used. But then again Sri Lanka’s gun registry is not automated. It’s a big book. This Commission report says that the gun registry should be automated with regard to the firearms. This way people will be protected. Countries like New Zealand, Japan and Switzerland are following these methods. Even Philippines- that had a massive drug problem- now seems to have a system in place. The Philippine President was bold enough to sign international conventions such as the Arms Trade Treaty (ATT),” he said. 

 


Why Sri Lanka should ratify the ATT
“Therefore, what the Government should immediately do is look at the Commission report which is freely available online and see where we can start immediately. There’s a lot of funding available for the Government if it looks at the POA and the ATT. Sri Lanka should become a party to the ATT. Afghanistan and Maldives are the only two countries in South Asia that ratified the convention. Bangladesh is still a signatory. We say we are a neutral nation, but what is our neutrality if we don’t adhere to these conventions,” he questioned.


“If we become a party to the Treaty we can get a lot of technical and financial assistance from western nations. In 2018 Japan was the chair of the convention and the Japanese Ambassador to Geneva visited Sri Lanka and invited us to become a party to the ATT and Japan was ready to help Sri Lanka with technical and financial support apart from the UN. We therefore lost many opportunities. Even China, which is one of the biggest Arms producers in the world has become a party to the ATT. Therefore the Government should seriously look at the Commission report, amending the laws and becoming party to the ATT and POA,” he said in his concluding remarks while reminding that Sri Lanka is committed to fulfilling the Sustainable Development Goals and under SDG No. 16 one of the components is to reduce violence and the proliferation of illicit Small Arms. 


 

“Gun culture cannot be wiped out until the ‘Wild Bunch’ calls the shots”: Walaliyadde 

As such, the laws need to be tightened in order to reduce violence. However, weaker laws assist those engaging in crimes allowing them to evade the law by using loopholes. “So long as this unholy alliance runs the nation there is no purpose in enacting any law,” said President’s Counsel Tirantha Walaliyadde in an interview with the Daily Mirror. 
 
Excerpts: 
 
Q There has been a spate of shootings over the recent few weeks. What are your observations?
I would call this the “Al Capone Syndrome”.  Unfortunately, the residence of the Al Capone Clan is surrounded by a deep moat and is well patrolled. This Clan has its opposition, which, by the way, is now part of the proposition, also resident in the same refuge by the lake, the whole lot numbering around 225, who know next to nothing about law but claim authority on the subject. Let us call it the “Wild Bunch”. It is here that the trouble lies- the mainstream shooters are not the Capones but their recruits are taken from all the trash cans that fester in the city. These little thugs form the 9mm culture under the grandiose label “The Underworld”. Gun culture cannot be wiped out, so long as the Wild Bunch, shall we say, calls the shots. The only solution is the lake by the moat which seems to beckon…don’t you agree? Of course, one must also consider the plight of the fishes who may also swim to Galle Face in such an unpalatable event. At the moment the Bunch is busy playing musical chairs.
 
 
Q What are the laws to control the use of small arms, guns and other weapons?
One is the Firearms Ordinance as amended-Act 22/1996. 
Section 2 of the Firearms Ordinance (Chapter 182) (hereinafter referred to as “the principal enactment”) is hereby amended as follows: - In context, “automatic gun” means a gun which repeatedly ejects an empty cartridge shell, and introduces a new cartridge on the firing of the gun;’ 9mm guns would fall into this category along with the T56 range and so on.
Briefly, anyone who possesses, or uses an automatic firearm to commit an offence, is liable to be punished with death or life imprisonment.
 
 
Q Do you see any pros and cons in bringing about gun control laws to a country like Sri Lanka?
So long as this unholy alliance runs the nation there is no purpose in enacting any law. It’s a waste of public money. There is sufficient law to protect this society from all types of crimes ranging from simple assault through elections, currency, bribery, computer, corruption, to insurrection terrorism and murder. The fault lies in its selective application. Again, this seems to be due to the manipulations of the Wild Bunch, and, that has contributed in the main to this miserable state of affairs. The object of criminal punishment in terms of this current violent trend in society should be deterrence and not rehabilitation.
 
So, to bring matters under swift control, the following could be  done ;
  • Activate the death sentence very early in drug trafficking related offences and contract killings. 
  • Remove the power of presidential pardon in drug related offences involving trafficking and contract killings. 
  • Impose a minimum sentence of 7 years rigorous imprisonment without rehabilitation or parole for users/addicts of hard drugs who started after the age of 16. 
  • Establish an independent body of investigators with police powers parallel with the police, but independent of it, and powers of prosecution, responsible only to Parliament.
  • The catch here is: whom will the appointing authority be? So, Heads, I win- Tails, you lose - a catch 22…
Q Recently a state witness was killed in one of these shootings despite having an authority and an act to protect victims of crime and witnesses. What are the loopholes you see in this law and establishment?
The Witness Protection Act-if I may call it so for convenience- is not quite practical in Sri Lanka, the reason being that this country is territorially too small to accommodate the Act, and, because of the Wild Bunch through whose good offices the Act is activated regarding a person to be protected or an offender to be arrested and prosecuted and so on and so forth. Maybe one should ponder long and hard before invoking the Act if the complaint involves the Wild Bunch or its relatives, associates, acquaintances etc., in any way. The Act is also subject to much abuse because all a victim or witness has to do in order to cancel bail is to make a complaint in terms of the Act and the accused is likely re-remanded and the next bail has to come from the Court of Appeal, which will take time. 

 

“No records of weapons being smuggled”: Navy Spokesman
When asked about the smuggling of weapons into the country, Sri Lanka Navy Spokesman Captain Indika De Silva said that there are no records of weapons being smuggled into the country. 

“No link between recent shootings and Army deserters”: Army media Spokesman
Responding to a query on Army deserters who left the Army with their weapons, Army media spokesman Brigadier Nilantha Premaratne denied any links between Army deserters and the recent spate of shootings. “If there is information about an Army deserter with a weapon he would be arrested immediately. Thereafter we take the weapon as well. But no such incidents have been reported so far,” said Brigadier Premaratne.

“Certain illegal weapons still being circulated”:MOD
However, when asked how a licence is issued to a person who needs a firearm, Ministry of Defence Media Spokesman Col. Nalin Herath said that reports of all legal weapons with a licence that are being circulated within society are maintained by the Ministry. This is the same when a licence is renewed as well. When a license is issued everybody from the Grama Niladhari of the particular area to the Divisional Secretary, Area Police-Officer-in-Charge and even the Inspector General of Police are informed,” said Col. Herath. 
“But the problem is that there are certain illegal weapons which are still being circulated in society,” he continued. “Some have ended up in society and we don’t have records. Then there’s a drug mafia operating on one side. The underworld and drug mafia are also lined. So when somebody gets 100kg of heroin there’s an offer for weapons. Like a buy 1 get one free deal. Therefore we are in the process of formulating a strategy to apprehend perpetrators,” said Col. Herath. 

Intelligence services on alert: SSP Thalduwa 
Investigations pertaining to recent shootings are currently being done by the Sri Lanka Police. “As a means of preventive action being taken we have alerted the intelligence services as well,” opined Police Media Spokesman SSP Nihal Thalduwa. “These incidents fall into the category of organized crime and intelligence services are now assisting the police in apprehending perpetrators,” said SSP Thalduwa. 
When asked if automatic weapons were used in recent crimes, SSP Thalduwa said that a T-56 assault rifle was found during the Modara shooting. “Other shootings were done mainly with pistols and revolvers,” he said.
SSP Thalduwa then explained several ways in which illegal weapons could be distributed among society. “Certain weapons were obtained by the LTTE during the height of the war. Those who engaged in these crimes sought support from Army deserters to gain access to weapons. Drug dealers import weapons from overseas contacts. But we have also found that the same weapon gets exchanged between gangs. If they don’t have a weapon they would contact someone who possesses one. Likewise there’s a large number of illegal weapons out in the society,” he added.

Minister requests for time to respond
This shows that Sri Lanka should prioritise amending the laws pertaining to firearms, explosives and weapons. However, when contacted, the newly appointed Public Security Minister Tiran Alles requested for more time from this newspaper to analyse the incidents and respond to questions. 

 


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  Comments - 2

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  • Sokrates Thursday, 16 June 2022 09:06 AM

    As long as the boss of all mafia bosses is the president of this country, nothing will change.

    Sangaralingham Thursday, 16 June 2022 10:07 AM

    What a surprise.govt did it for over 30 years.bombing in north east terrorist not far parliament failed members in parliament never learned. Religion never observed many elected none changed collect salary get free cars not functioned as effective politicians.amendments for self advancement not for the country.people want new constitution.all symbolism must be done away.reason and logic for unity harmony equality environmental protection greening of the country less fossil use. Energy from nature


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