Operation ‘Yukthiya’, which was started to combat drug trafficking and organised crime in Sri Lanka, is continuing. Nearly 25,000 suspects have been arrested under this island-wide operation. The number of raids carried out for that almost equal that value.
However, how this operation is carried out and how the police arrest people are receiving strong criticism and acknowledging that the fight against drugs and crime is an essential program for a free social environment. However, society has pointed out that it should be done within the limits of the law.
Damage to people’s dignity
How the police arrested a young man who was addicted to drugs in the Wedaruva area of Kurunegala district is an incident that has been heavily criticised. It was also presented in the public media how the concerned young man was dragged along the ground and arrested in such a way that he was seriously tortured. Social commentators say that the police operate this way by desecrating the noble virtue of treating every citizen as respectable.
Ruki Fernando, a human rights activist, has pointed out that the fight against crime and drugs is a critical issue in terms of the process of securing human rights. However, Ruki Fernando has pointed out that there are accepted standards for that activity and that there is no way of protecting those standards in this operation.
It is unclear what action will be taken against those arrested
Meanwhile, another allegation is that the police have failed to adequately disclose information regarding the measures taken regarding the arrested persons and their whereabouts. Ruki Fernando points out that even though the media and the police spokesperson revealed that thousands had been arrested, important information such as the measures taken against them, the places where they are kept, and security and health facilities are not disclosed. Therefore, he emphasises that society has a right to know what is happening to the arrested people.
Overcapacity in prisons is harmful
Although the number of inmates who can be accommodated in Sri Lankan prisons is only 11,000, it is revealed that the number of inmates currently incarcerated is close to 20,000.That is without the people arrested under this operation. Human rights activists point out that in such a situation, the rights of prisoners are not considered.
The silence of the parliamentary representatives
Meanwhile, society is also questioning whether the parliamentary representatives follow a silent policy regarding the ‘Justice’ operation. Society questions why the political representatives of the opposition ignore the human rights violations that occur, especially during the arrest of the suspects. Lawyer Dulan Dasanayake has pointed out that the people should understand what is hidden in this silent practice of politicians. Especially since there are many elections coming up, it is also believed that the political parties are engaged in a quiet practice in this regard. Some commentators think that the opposition will not talk about the violation of human rights due to the consideration of the possibility that it will turn into a disadvantage in the elections if they are caught in any accusation of launching conspiracies to disrupt this operation.
Violation of legal terms
There are clear terms in the Criminal Procedure Code on how to arrest a person and human rights organisations have seriously pointed out that those terms are being violated in this operation. The matters mentioned in Article 13 of the Constitution are significant here. The Human Rights Watch organisation has also emphasised that there is no possibility of arresting anyone in a way that violates the procedures prescribed by the law.
Meanwhile, another problem in Sri Lanka is that it takes a long time to receive the taster reports of the people who are arrested with drugs. In such a situation, the suspects must remain in remand for long.
Some drug samples are sent to the taste tester, and after testing, it is revealed that they do not contain drugs. Situations like the fact that the suspects had to spend many months in prison are also criticized. In such a situation, it is also possible to identify the situations where some defendants have to resort to a long-term court process for a bail process.
Chairman of Sri Lanka Human Rights Commission, retired Supreme Court Judge L.T.B. Dehideniya. A letter addressed to the Attorney General with Dehideniye’s signature has informed that people are being subjected to violence during such operations. Article 11 of the Constitution of Sri Lanka recognises the freedom to be free from torture as a fundamental human right and persons who are arrested when such a constitutional right exists. He has also explained that being subjected to torture is a sad situation.
Meanwhile, Police Media Spokesman and Senior Superintendent of Police Advocate Nihal Talduwa have said there may be some inconveniences related to drug suppression in raids. He has also emphasised that it is essential to get the support of the people to reduce such situations.
