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Concerns about the Police disregarding RTI ACT continuously

05 Sep 2022

By Buddhika Samaraweera   The Right to Information Commission of Sri Lanka (RTICSL), which ordered the Sri Lanka Police to inform in writing on what basis it rejected an inquiry made under the Right to Information (RIT) Act regarding the alleged use of expired tear gas to disperse protestors in the past few months, stated that “strict decisions” will have to be made in the future if the Police do not act upon the RTI Act. Journalist Tharindu Iranga Jayawardena had made a request to the Police under the RTI Act regarding the alleged use of expired tear gas to disperse protests over the past few months. However, in response to his request, Senior Deputy Inspector General of Police (SDIG) in charge of the Police Administration Division had informed in writing that the disclosure of such information would pose a serious threat to national security, after which an appeal had been submitted to the RTICSL. Accordingly, when the appeal was taken up last week, the RTICSL emphasised that legal action will have to be taken against the Police for not dealing appropriately with such requests for information related to life and personal freedom. When the RTICSL asked the Police to explain how the exposure of such information will be prejudicial to national security, the Police failed to explain the matter. Furthermore, in relation to the request made by Jayawardena to provide the tender documents related to the purchase of tear gas from 2010 to 2022, the Police had responded that such information could not be provided because the Police destroy documents that are not related to cases once every five years. If that is the case, the appellant party argued that it seems that tear gas has not been purchased in the past five years, and if so, the Police have fired expired tear gas that had been bought five years ago. The RTICSL informed the Police that according to the relevant legal provisions, information up to 12 years must be protected, and the Police itself has even issued a circular in that regard. If the Police say that the information was destroyed, the RTICSL pointed out that an investigation will have to be conducted into the violation of the relevant legal provisions, and after the investigation, a case will have to be filed in the Magistrate’s Court.   During the hearing of the appeal, the Police agreed to provide some of the requested information. The RTICSL informed the Police to submit a written statement before 10 September regarding the provision of other information and stated that the appeal will be taken up again for hearing on 14 September.   The appeal was heard before the Commissioners of the RTICSL, retired judge Rohini Walgama, and Attorneys-at-Law Kishali Pinto Jayawardena and Jagath Liyanaarachchi. The appellant was represented by Attorneys-at-Law Suren D. Perera and Manushika Cooray, while a group of officials from the Police Supply Division, Police Legal Division, and Police Human Rights Division appeared for the Police.   Following the sudden death of a youth after an illness during the protest in front of the Prime Minister’s Office in Colombo on 13 July, several parties including the Committee for Protecting Rights of Prisoners (CPRP) claimed that there are reports that the Police have used expired tear gas to disperse the protestors and that there is reasonable doubt as to whether the death of this youth was due to the use of such expired tear gas. However, Police Media Spokesman, Senior Superintendent of Police, and Attorney-at-Law Nihal Thalduwa refuted such claims at that time.  


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