The Executive Committee of the Bar Association of Sri Lanka (BASL) today stated that it strongly condemns the recent killing of two suspects in police custody, namely Melon Mabula alias ‘Uru Juwa’ and Tharaka Perera Wijesekera alias ‘Kosgoda Tharaka’ which has occurred on two consecutive days.
"These deaths have all the hallmarks of extra-judicial killings and we call upon the State to ensure the safety and security persons in their custody," the BASL said.
On the 12th of May 2021, an Attorney-at-Law representing Tharaka Perera Wijesekera had informed the BASL by e-mail that his client had been suddenly transferred from the custody of the Criminal Investigation Department (CID) to a special police Unit at Peliyagoda and that he fears that his client will be killed in custody.
"Acting upon the complaint of the Attorney-at-Law, between 2000 and 2100 hours the President of the BASL informed the Inspector General of Police (IGP) Mr. Chandana Wickremeratne via email and also by text message and WhatsApp the apprehensions of the said Attorney-at-Law and reminded the IGP that the Police and the State have a duty to protect persons in their custody. The IGP was reminded that the Supreme Court in many decisions has re-iterated the duty and responsibility cast on the State to ensure the safety and security of persons in its custody," the BASL said.
The Attorney-at-Law concerned had also informed the IGP, the Director CID and the Human Rights Commission of Sri Lanka of his concerns. Despite the said notifications by the BASL on behalf of an Attorney-at-Law representing his client, the news media has now reported that Tharaka Wijesekera has been killed while being detained by the Peliyagoda Special Crimes Division, allegedly "when he tried to attack police while recovering some weapons".
They stated that it is an imperative requirement of criminal justice that persons accused of serious crimes including murder are tried by a Court of law and punished for their crimes and that the networks that aided and abetted such activities are prosecuted and dismantled.
"This requirement is defeated by the failure of police officers to control the unarmed suspect purportedly accompanied by them without the use of lethal force. It is incomprehensible how on several occasions the Police have been unable top protect unarmed suspects in their custody," the BASL said.