IntelScoops

Colombo, August 4, 2025 — The Human Rights Commission of Sri Lanka (HRCSL) has taken a necessary step by demanding accountability from the police over custodial deaths. But the country has heard promises before — promises of reform, investigation, internal review. What it has not seen is enduring change.

For years, Sri Lanka’s custodial system has operated in the shadows. Suspects are arrested — sometimes without formal charges — and end up dead before they see a courtroom. These are not isolated tragedies. They are systemic failures. And each time it happens, it chips away at the rule of law, public trust, and human dignity.

The HRCSL’s order to the Inspector General of Police (IGP) to appoint a responsible officer and submit a report by August 28 is welcome. It shows the Commission has not lost sight of its mandate. But a report is not justice. Nor will it prevent the next tragedy — unless it leads to real, structural reform.

The Problem Is the System, Not Just the Individuals

Blaming rogue officers is not enough. The truth is that Sri Lanka’s custodial framework lacks independent oversight, transparency, and consequences. Police investigating themselves rarely produces accountability. Internal inquiries, even when launched, are often closed-door affairs with no public disclosure.

Even when victims’ families bring formal complaints, they face delays, denials, and sometimes intimidation. The legal process is slow, expensive, and deeply unequal.

Time for Independent Custodial Oversight

What Sri Lanka needs — urgently — is a permanent, independent custodial oversight body. One that is legally empowered to:

Inspect police stations and detention centres unannounced Document and publicly report on detainee conditions Monitor all deaths in custody and initiate automatic investigations Recommend prosecutions in cases of misconduct or abuse

This is not a radical idea. Other democracies have done it — and seen results. South Africa, India, the UK, and Australia have all experimented with civilian-led monitoring mechanisms to hold law enforcement accountable. Sri Lanka must now follow suit.

The Law Must Change

Parliament must amend existing legislation — including the Police Ordinance and Criminal Procedure Code — to introduce minimum custodial standards. These should include:

CCTV monitoring of all police cells, with footage stored securely Mandatory medical checks before and after detention Access to legal counsel within the first hour of arrest Automatic inquests for all deaths in custody, with findings made public

The Attorney General’s Department must also adopt a zero-tolerance approach to custodial abuse, pursuing cases without delay or deference to rank.

A Question of Will, Not Capacity

Sri Lanka has no shortage of capable legal minds, experienced investigators, or human rights advocates. What it often lacks is political will and institutional courage. Protecting detainees — even those accused of wrongdoing — is not a matter of sympathy. It is a legal and moral obligation under the Constitution and international law.

When a person is taken into custody, the State becomes responsible for their safety. Death in custody is not simply a tragedy — it is a failure of that duty.

We Owe It to the Dead — and to the Living

A democratic society must be judged not only by how it treats the powerful, but how it treats the powerless. The poor, the marginalised, the accused — they deserve justice, too.

Sri Lanka must rise above its silence. The lives lost in the darkness of custody deserve light, truth, and action.

Now is the time to stop writing reports — and start rewriting the rules.