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HRCSL deems IGP failed in duty on 9 May

27 Jul 2022

  • Recommends Presidential probe on Police’s lapses on the day
The Human Rights Commission of Sri Lanka (HRCSL) said yesterday (26) that Inspector General of Police (IGP) Chandana D. Wickramaratne had failed in his duty to provide adequate protection to peaceful protestors on 9 May, when pro-Government groups emerged after a meeting with former Prime Minister Mahinda Rajapaksa to carry out the attacks, and recommended that President Ranil Wickremesinghe conduct a probe into the lapses of the Police on the day with a view to preventing any recurrence.  In a press release issued in this regard yesterday, the HRCSL said that its report about the 9 May attacks concluded that IGP Wickramaratne “was clearly in breach of duty by failing to provide adequate protection to the peaceful protestors and to uphold the rule of law”. On 9 May, supporters of Rajapaksa gathered at the Temple Trees, where they engaged in chants, asking him not to resign. They were addressed by Rajapaksa and former Minister Johnston Fernando inside the Temple Trees. Footage on social media shows Namal Rajapaksa talking to them as well.  Following this, the crowd assaulted the protestors outside the Temple Trees, at “MynaGoGama”, where they were engaged in a days’ long struggle, demanding his resignation. The crowd then moved towards “GotaGoGama”, where they assaulted “Go Home Gota” protestors, setting fire to many structures near the Galle Face Green that belonged to the protestors.  The HRCSL’s Commission of Inquiry about the incident, had inquired from the IGP, senior Police officers, the then Army Commander General Shavendra Silva, senior State Intelligence Unit officers, and had consulted closed circuit television camera footage and other documentary evidence. “It was revealed that the Police could not accurately ascertain the speeches of the Parliamentarians and the other State and non-State officials inside the Temple Trees. The failure of not obtaining this crucial information is attributed to the Intelligence Unit under the Secretary of Defence, the State Intelligence Unit,” said the press release. Furthermore, the HRCSL revealed that although officers had been briefed by the IGP about an impending attack by the “pro-Government crowd”, “erroneous information received by the IGP later appears to have contributed to this violent attack”. “It is also conceded that there was an inherent duty of the senior officers on the ground to address the situation on the ground, but subject to the final supervision of the IGP. What cannot be delegated is the ultimate responsibility of the Head of the Department, in this case, the IGP, for everything that happens under his watch, including the actions or non-actions of his subordinates, in this case, Senior Deputy General of Police (SDIG) Deshabandu Tennakoon and other senior officers who were on duty. It is also apparent and absolute that, in this case, the SDIGs including Tennakoon, DIGs, and Senior Superintendents of Police must obey and implement orders given by the IGP.” Several allegations arose about SDIG Tennakoon following the incidents as he was seen in video footage at the Galle Face Green during the time of the attacks, beside Sri Lanka Podujana Peramuna (SLPP) MP Sanath Nishantha.  “It is certainly not proper, perhaps even illegal, if the ‘superior officer in charge’, in this case SDIG Tennakoon, consults directly with the Chief of his Chief, i.e. the former President Gotabaya Rajapaksa, without first consulting or reverting back to his direct superior, the IGP. Such behaviour disrupts the whole hierarchical system of the chain of command and undoubtedly has the potential to disrupt the whole operation. In this inquiry, it was revealed that SDIG Tennakoon, when he received instructions from the IGP through another officer over the telephone, had called the IGP before he called the President. Therefore, it is conceded that the call to the President by SDIG Tennakoon in this instance was legal and proper.” Thus, the HRCSL has recommended that President Wickremesinghe direct an investigation into the breach of duty by the IGP and take necessary steps to ensure that such actions by the Head of the Police Department will not occur in the future.  “It is also recommended that the President direct an investigation into the lapse on the part of all the senior Police officers, including the IGP downwards, who were on duty at the protesting sites in Colombo for their inability to provide adequate protection to the peaceful protesters on 9 May. And, if victims can be identified, the Police can adequately compensate those victims for the injuries suffered.”


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