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by the Asian Human Rights Commission

Sri Lanka

A Sri Lankan Police Officer’s Lament 

(This is a translation from a Sinhala poem written by a Sri Lankan police officer with over twenty-five years of experience reflecting over what is known as - Beeshana Samaya - period of terror in the South of Sri Lanka. His name is withheld upon request.)

How much good you do you hear no compliments
[The police is] a place full of acts unbecoming of the status [of the people who live therein] 
And people [officers] bowing to insolent and vain people
I see the police as a place where there is no gratitude, 
Even if any one does the duty sacrificing ones life 

[The police is a place] 
Where eyes that must be kept open are [in fact] kept shut
Where mouths that must be kept open to talk remain tight-lipped
Where there should not be evasion there is in fact escapism and evasion
And where there are officials who eat shit. 

Simply because you
Wear official coats and ties
Enjoy comforts with friends
Do not give fire^[1] to the ordinary people
Like a devil-dancer who plays with fire. 

The power [is given] to protect law and cause peace
To kill fear and to cause happiness.
To [please] relatives, friends, [to gain] money and other benefits, 
Do not chase law to the jungle. 

If the heat of power enlarges and blights your head
The day things go wrong you will fall on sharp nails
Glittering will vanish and darkness will descend
Even the big bellied butcher will chase you away.^[2]

There are great people too who look at what is the right 
Who do the official duty without taking sides
Search what is right and wrong and what is the truth
And say what one has to say even if one has to sacrifice part of one’s body. 
There are those who set one against the other through false conflicts
Set traps to put people in giant holes
Beat you by creating conflicts with ministers and members of parliament
For a weak [small] person like you is there any escape? 

Bear up to pain when you face suffering
Destroy all enemy forces that must be destroyed
Console all who need to be consoled
Make the police your golden temple 

Bear the responsibility that you have
Protect always the rights of people
Do not shrink before powerful people
[remember] it is not gold but people that we need to gather. 

Between skies and the ground there is no salvation
The rich have no understanding of Dukka^[3]
If you carry out your commitment well
As a good man you will have your satisfaction 

A Few Extracts from a Statement by the Same Officer 

Some say that today law has gone to the dogs. Some others say dogs have taken charge of the law. It is no secret that many law abiding persons have begun to have a very low opinion of justice as it prevails today. This unfortunate situation which has been aggravating since the middle of this century has now reached the position of an incurable cancer. This may be due to the pseudo ‘socialist-democratic’ turn of the country. This ‘social-democracy’ has drifted far from real socialism or true democracy. Today the law in Sri Lanka does not operate in the manner required by law. For a law enforcement officer even to think of trying to do his duty, not necessarily in a fully just manner but even in a manner in keeping with minimum requirements of justice, amounts to a contemplation of suicide. The possibility of using law for the common good has been almost fully closed. 

Due to the attempt of politicians who come to power to use law for self-serving purposes and not for common good, the law abiding citizens have fallen into an utterly helpless and a powerless position. 

It has become a common affair to witness daily that the law operates differently depending on who the person is. 

The water flows out from the lowest point of the paddy field. So it happens in [the field] of law too [in our country]. Before the very same law that the men have created for their own good, there are all too many instances when the weak person becomes weaker. 

It is no secret too that the unevenness and wrongful flexibility that is used at present in the way the law has operated has created a fertile background for the increase of crime and other social wrongs. Bribery, undue assistance to relatives, worship of prominent people and political interference are some of the factors that contribute to the tendency for the operation of law to change according to the different individuals. From the time of recording the first statement at the police station up to the ending in a prison in most instances, law operates according to differences of individuals. This fact is so well-known that no one will dispute it. 

............................. 

When one observes the way things happen, one can clearly observe that now even emergency laws, which are brought into operation under the pretext of security of the state and protection of people, only [serve the purpose of] hunting after the prominent opponents of the ruling regime [whichever the regime]. [They are used] to arrest them and to confine them. For this hunt the cat's paws that are used most often are police officers or the crime investigation division[of the police]. They [the ruling politicians] do not like the normal law regarding the arrests. The intelligent public and the police officers too know, that most of these types of arrests are a blatant violations of human rights. Still they are helpless. They cannot do any thing. They are persons working for a living. They are just absolute nothings. As far as the job is concerned they are robots.” 

Translator: Basil Fernando 

India

Annual Report 1995-1996, National Human Rights Commission [of India] p.p. 16 - 20. 

(C) SYSTEMIC REFORMS: POLICE 

3.23 An efficient, honest police force is the principal bulwark of the nation against violations of human rights. A police force that is often over-worked and ill-equipped, whose conditions of service are inadequate and whose integrity is repeatedly questioned, itself becomes part of the problem. The Commission is strongly in favour of improving the quality of the police and restoring its prestige and lustre in the eyes of the nation. 

3.24 The Commission is therefore of the view that there is need to act with conviction and without further delay upon recommendations contained in Chapter XV of the Second Report of the Police Reforms Commission which, as long back as 1979, proposed a number of critically needed remedial measures to prevent “interference with, and misuse of the police by illegal or improper orders or pressure from political, executive or other extraneous sources.” In particular, that Report calls for full respect for the Supreme Court judgement in criminal appeal no. 218 of 1966, in the case of Abhinandan Jha and Others vs. Dinesh Mishra, reported in AIR 1968 Supreme Court 117 (V5 SC32) which directed that the investigative tasks of the police should be placed beyond any kind of intervention by the executive or non-executive. Paragraph 15:43 of that Report also urges a statutory tenure of office for chiefs of Police in the States, observing that the “Damocles’ sword of transfer’ should be removed from over their heads. Further, paragraph 15:46 of that Report recommended the constitution of statutory State Security Commission in each State to help the State Government “to discharge its superintending responsibility in an open manner, under the framework of law." 

3.25 This Commission finds itself greatly in favour of implementing these three critically important recommendations of the police Reforms Commission in the interest of improving the human rights situation in the country. The Commission believes that there is a yearning in the nation for an upright police force, whose probity and fairness are beyond reproach, that can be relied upon to protect the rights of the citizens of India. 

3.26 The Commission is aware that the recommendations of the Second Report of the Police Reforms Commission were earlier transmitted to the State Governments for consideration and that the matter of reform of the police is an on-going process and one that is, in important respects, for the States to undertake. Nevertheless, given the loss of credibility in the impartiality of the police, the increasing clamour in the country for a police force insulated in its investigative role from extraneous considerations, and the opportunity created by new governments in the Centre and a number of States, this Commission hopes and recommends that these key proposals of the Police Reforms Commission will be re-opened expeditiously for consideration and positive decision. The Commission further recommends that this matter be considered, if necessary, in a meeting of the Chief Ministers of all States and Union Territories and that, in the meantime, the Central Government endeavour to implement these proposals of the Police Reforms Commission in the Union Territories as an indication of its own commitment to police reform. 

3.27 In reiterating its recommendations on these matters, the Commission would like to make clear that it is not unalterably wedded to every detail of the recommendations of the Police Reforms Commission. The essential purpose of the Commission is to ensure that the spirit of those recommendations is fulfilled and that the integrity of the investigative role of the police is restored by insulating it from extraneous pressures.

(D) SYSTEMIC REFORM: PRISONS & OTHER CENTRES OF DETENTION 

3.28 The Commission has continued to discharge its responsibility “to visit, under intimation to the State Government, any jail or any other institution under the control of the State Government, where persons are detained or lodged for purposes of treatment, reformation or protection to study the living conditions of the inmates and make recommendations thereon” (Section 12(C) of the Protection of Human Rights Act, 1993). 

3.29 During the period under review, Members of the Commission visited prisons in Bangalore, Bellari, Bijapur, Hindalga, Jaipur, Madras, Madurai, Mandsaur, Meerut, Pune, Sabarmati and Trichur, while its investigating staff made special reports on the situation prevailing in Sakchi jail of Jamshedpur, the jails of Chaibasa in southern Bihar, and on the high incidence of deaths in Tiharjail of Delhi. 

3.30 The visits and reports confirmed the views expressed by the Commission in its report for 1994-95 that the state of prisons in India is generally marked by gross over-crowding, squalor and mal-administration. It is not necessary to repeat in detail the ills of our jails, sub-jails and lock-ups, as they were listed at some length in the previous report. Suffice it to say that the system cries out for reform. 

3.31 While a number of serious efforts have been made since Independence to grapple with the antiquated system of Jail Administration in existence, the fact remains that, in essentials, it requires a major overhaul, starting with the century-old legislation that governs the entire system, namely the Indian Prisons Act, 1894. The Commission therefore embarked upon the drafting of a new Bill, inter alia, taking into account the work of the All-India Jail Manual Committee of 1957-59, the Report of All-India Committee on Jail Reforms 1980-83 (chaired by Justice A. N. Mulla), the Report of the National Expert Committee on Women Prisoners, 1 987 (chaired by Justice V. R. Krishna lyer), and the Report of Group of Officers on Prison Administration chaired by Shri R.V. Kapur. Further, the Commission kept in mind the United Nations Standard Minimum Rules for the Treatment of Prisoners of 1957. 

3.32 In pursuance of the objective which it had set for itself, the Commission addressed a letter to all States and Union Territories on 29 May 1995 asking for comprehensive information on the basis of a detailed questionnaire that it had framed. This included, inter alia, questions relating to over-crowding, diet, wages, whether there were separate arrangements for women and juveniles, medical facilities, the nature of institutional arrangements for under-trials and matters concerning administration, including computerisation of data etc. 

3.33 An analysis of the data received was presented to a National Conference of Directors General of Police, Inspectors General of Prisons and Home Secretaries that was called by the Commission on 14 November 1995. At that Conference, a core group was set-up to draft a Model Prison Bill to replace the Prisons Act of 1894. The core group held meetings in Delhi in January and February 1996 and was assisted by staff and consultant of the Commission itself. As part of the process, the Commission has held consultative meetings with non-governmental organizations and experts in Delhi, Guwahati and Lucknow with a view to developing a national consensus on the basic issues of prison reform. It is the intention of the Commission to finalize the draft Bill in the course of 1996 and to recommend that legislative action be undertaken, at an early date, on the basis of that draft. 

3.34 In the meantime, the Commission has continued to press for specific actions which were communicated to the Lt. Governor through a letter from the Chairperson and have stimulated swift action. A new building for Jail no. 5 has been completed two years ahead of schedule and has become functional as of 6 March 1996with an additional capacity of 750. Further, some 1 30 additional staff have been appointed for the new jail, and the medical staff has been augmented. In addition, arrangements have been streamlined to better ensure the treatment of prisoners from Tihar jail in Deen Dayal Upadhyaya Hospital. 

3.38 The condition of homes for juveniles in the Delhi area has also attracted the critical attention of the Commission following a complaint that it received of a death by negligence. After examining the information that it gathered, the Commission noted that conditions in these homes were often volatile and brutal. Reacting to repeated reports in the press regarding these homes, the Commission widened its enquiries and decided to ask the Chief Secretary and other concerned official s of the National Capital Territory of Delhi to appear before it for a comprehensive review of conditions in such institutions. In the course of the ensuing discussions, the Commission was informed that the Lt. Governor had appointed a Committee, on 1 0 December 1 995, to oversee and report upon the functioning of 80 such institutions/homes run by the Department of Social Welfare in the National Capital Territory of Delhi. The Commission, for its part, suggested the participation by a doctor, nominated by it, to assist in the work of t he Committee. it also asked that the report of the Committee be provided to it immediately upon completion. That report has now been received. Upon being analysed, the Commission will make its further recommendations to the Lt. Governor in regard to the management of these institutions. There may well be need for the Commission to widen its interest in such institutions beyond the nation’s capital. From reports that it has received, the problems in Delhi may pale before those in other parts of the country. 

3.39 A major concern of the Commission at the time of the writing of its report for 1994/95 had been the condition of jails and centres of detention in Jammu & Kashmir. The Commission had been pressing for transparency in this regard. Since then, the International Committee of the Red Cross has been functioning in the State, alleviating many of the concerns of the Commission. The Commission welcomes the development. 

Hong Kong

Hong Kong Human Rights Commission accused the government of failing to act against “police brutality," saying that complaints against the police office were not independent. (South China Morning Post, 23-10-1996, commenting on United Nations Human Rights Committee session on Hong Kong.)

Indonesia

Outcry over death of hold-up suspect in police custody

[JOE LEAHY in Jakarta South China Morning Post, 25.10.96]

The official human rights commission was last night waiting to question the family of a man who died in custody after being accused of taking part in a 300 million rupiah (HK0,000) highway robbery. “We’re waiting for the results of the interview before we go any further,” a spokesman for the National Commission On Human Rights said.

The alleged beating by security officials of Cece Sarudin and a second man, Norman Lubis, after they survived an armed robbery on one of Jakarta’s main highways has caused a storm. General Feisal Tanjung, the head of the armed forces, which in Indonesia includes the police, yesterday also promised a full investigation. 

Reports quoted the family of Sarudin, who was detained on October 11, as saying police handed over his allegedly battered body for burial on Monday. Sarudin’s mother claimed, after identifying the corpse, that Sarudin’s face had been beaten beyond recognition, the Kompas daily reported. However, a prison warden denied that Sarudin was beaten, saying he died of an illness. “You can come here and see for yourself if you don’t believe it,” he said. Sarudin and another man, identified as Lubis, were detained by police in Bogor, about 60 kilometres from Jakarta, on October 11.

The pair were arrested after Zainuddin Lesmana, the treasur of a private company, was shot dead on the Jakarta-Bogor freeway. His vehicle was reportedly carrying up to 650 million rupiah when another car forced him to the side of the road. Lesmana was shot as he tried to back the car away. The attackers took up to 350 million rupiah and left a second bag containing the rest. Sarudin and Lubis did not try to escape. They were questioned first as witnesses and later became suspects. Lubis is allegedly still in poor condition. 

Japan

Police hushed up murder bid

[South China Morning Post, 31.10.96] 
The Government has admitted hushing up the attempted killing of Japan’s police commissioner by one of his own men. A senior minister said a pol ice member of the Aum Shinri Kyo cult had confessed to the attempted murder during questioning but police kept it quiet for nearly seven months. Home Affairs Minister Hiroyuki Kurata made the remarks at an upper-house committee meeting.

“We began questioning the police officer in early April and he admitted the crime around the beginning of May,” Mr Kurata said. “But there were many unclear points and contradictions, his confessions frequently changed and it was not clear what he really meant.” He said police were still trying to prove the confession.

National Police Agency Commissioner General Takaji Kunimatsu was gunned down in daylight outside his apartment in March last year, 10 days after a deadly nerve-gas attack on the Tokyo subway allegedly carried out by the cult. The national agency, which is supposed to oversee the metropolitan department, has said it only found out about the confession in October. Mr Kunimatsu himself told the upper-house committee yesterday he “felt that it should have been reported earlier” and admitted the failure to submit a report damaged the image of Japanese police. “It is a serious matter regarding public confidence in the police force across the whole country,” he said. Mr Kunimatsu vowed to “investigate the matter thoroughly” from now on. “We will conduct the investigation strictly and seriously,” he said.

Asked if he was taking responsibility the affair, the police commissioner said: “I have no intention of adopting an ambiguous stance.” Mr Kunimatsu has already indicated he is ready to stand down if it emerges that one of his own men was his assailant. During yesterday’s meeting, a committee member said such a scenario would further damage the police. “How can police protect people if they can’t even protect the head of the police force? Now we have someone on the inside who is making a confession. If the confession proves to be true, it is a serious problem,” the lawmaker said.

Yoshihiro Inoue, head of the cult’s self-styled intelligence ministry, told Tokyo District Court on Wednesday that the officer began divulging inside information to the cult in 1994. Parents sue city for .3m over bullied schoolgirl’s suicide. The parents of a girl who killed herself after she was bullied at school have filed a 20 million yen (HKS 1. 3 5 million) lawsuit. The suit, against Toyama city is the first to invoke the constitutionally guaranteed right to an education.

According to Katsumi and Toshie Iwawiaki, the parents of 13-year-old Hirokol Toyama is to blame for their daughter’s suicide because the bullying that drove her to kill herself took place at a city-run school. Hiroko committed suicide in December 19881 after complaining of being bullied for six months at Okuda Junior High School. The lwawakis claim in their lawsuit that the bullying threatened Hiroko’s right to an education, and they accuse the school of not only neglecting its obligation to ensure students’ safety but also of burning the condolence letters that Hiroko’s classmates had written after her death.

Article 26 of the Japanese constitution guarantees a universal right to education “correspondent to a person’s ability.” A 14-year-old schoolgirl committed suicide yesterday by hanging herself at a park in Niigata, northern Japan. Police suspected the death was related to school bullying. The student hanged herself with an electrical cord hooked over a trellis in the park. She was taken to a nearby hospital, but later died. Police said she left a suicide note indicating that she had been bullied by classmates.

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1. Give fire in implies causing intense suffering
2. The police officers often go to the butchers to get meat free.
3. The Buddhist term for suffering