The criteria for selecting the new IGP

2023-03-23

The question of who the next Inspector General of Police (IGP) should be is part of public debate these days. The focus here is more on who the person should be rather than what the expectation from the new IGP is in terms of the challenges faced on the one hand concerning the rule of law system in Sri Lanka, and on the other, in terms of the challenges faced by the Police Department.

 

Perhaps, also a relevant factor is how the Police can meet the challenges of playing an effective role in the administration of justice in Sri Lanka, as the Police is one of the core partners in the administration of justice. The Constitutional Council (CC) will have the duty of making the final selection of the person who would play, for good or bad, a vital role in the future of this all-important department for several years to come. It is not an exaggeration to say that in the recent past, the performance of those who held this post has been disappointing. One has even been subjected to punishment by the highest court in Sri Lanka. Therefore, there should be a clear difference this time, and at least a beginning should be marked as an attempt to recover the institution’s ability to perform its fundamental duty of the enforcement of the law, the providing of security, and above all, the protection of the people. Having such objectives in mind, we suggest that the CC should develop its own criteria for the assessment of the candidates whose names will be submitted to the CC. As a matter of public interest, we suggest that the criteria should also include the following: That the person who is selected for this post has a thorough understanding of the philosophy of the rule of law as a foundational principle of Sri Lanka’s legal system. That the notion and the principles associated with this all-important principle are familiar to the candidate and that the candidate is firmly committed to upholding this principle at all costs. This can be judged by the performance of the candidate in terms of his/her past experiences The Supreme Court (SC), on several occasions, has seriously criticised the issue of extrajudicial killings, that have been taking place in various police stations at various times. There is a public allegation that extrajudicial killings are being used as a tactic for many purposes, and this matter came into scrutiny in a recent case before the SC when the SC, expressing its serious concern on this matter, went on to state “that the Police has ceased to be a professional force”. This is an extremely serious criticism while public concern too has been expressed on this matter in Parliament, in the media, and almost everywhere in the country. Thus, it would be a major task for the new IGP, not merely to be making statements condemning this practice, but to examine thoroughly, the causes which have made this possible and to take firm action in order to ensure that this practice is stopped forthwith. This will be one of the major tests of the performance of the new IGP and will likely be tested within a very short time by the people of the country. The inefficiency of the policing system has been a further concern over a long period of time. The major reasons for this may not only be the problems that exist within the policing system but also other factors which have arisen outside the policing system. For example, obtaining adequate funding to run the department in a proper manner is one of the major challenges faced by the department. While a large part of the national Budget is allocated to the security sector, the funding allocated to the Police does not correspond with the numerous duties that are imposed on the department. Thus, resolving this problem in a firm manner with the support of the public will be a challenge for the new IGP The most serious criticism against the policing system is that it has become subservient to outside masters, particularly to politicians. This may be a result of the governance processes which have gone wrong for several decades. However, for whatever reason, there is a serious loss of confidence in the department, mainly due to the perception that this institution, which is a monolithic institution that should be run on the principle of command responsibility, is not, in fact, functioning in this manner. Outside forces undermine the internal command structure, and those in charge of the internal command structure, have given into these interferences. Therefore, finding ways to overcome this problem will be perhaps the most important political challenge that the IGP will have to face. For that very purpose, the person selected should be the type ofperson who would be able and willing to meet this overall challenge One of the major issues of the policing system at present is with regard to respecting human rights. Many cases that come by way of fundamental rights applications and also decisions of the court, and also other criticisms, centre around the issue of human rights violations by the policing system. The issues of illegal arrests, illegal detentions, torture, the finding of fault in reports in court, and the unprincipled and illegal applications on the prolonging of bail are among the criticisms which are made constantly. Some of these allegations of illegal arrest and illegal detention, and similar problems, may be rooted in the problem of the politicisation of the system. However, it may also be due to incompetence and the lack of organisational development within the policing system itself. Therefore, a comprehensive study on these matters and an immediate action plan for countering these practices are needed for the health of the organisation, and also, for the wellbeing of the Police staff themselves, who are unnecessarily exposed to bad practices, as these practices have not been reviewed and changed periodically.

 

A further concern is the investigative capacity of the policing system and its various branches. In recent years, the failures in the investigative aspect have become all too glaring. A vast number of complaints are either not investigated or such probes have not been completed, and often, there is also criticism that for extraneous reasons, some of these investigations have been suppressed. Many well-known cases are often cited as examples of these failures. When the investigative capacity of police stations is judged from the point of view of the past, it becomes quite clear that some decades ago, there was considerable development of the capacity of the policing system to deal with crimes at the local level, while crimes which often end up in the Criminal Investigations Department are those of a serious nature. In all these instances, in the past, the policing system has shown considerable integrity and capacity in dealing with these problems within a very reasonable period of time. This tradition has been lost and therefore, the causes of the loss need to be examined, understood and remedied.

We are living in a world with vastly developed modes of communication. Internet facilities, information technology (IT), and digital facilities today are all a part of the administration of any institution. However, the Sri Lankan policing system remains backwards from the point of view of digitalisation and the adaptation to IT for its work, and that is a part of the reason for its many problems. A quick plan for the improvement of the technological aspect at all levels from the local police station up to the various relationships in the area headquarters as well as for the central leadership of the policing system is needed for the whole system to develop technologically so that the workings will be much more orderly, information will be very much more preserved and not tampered with, while efficiency will be improved. This central aspect, if approached quickly with the help of experts in the field, could contribute a great deal towards solving the earlier problems which are also affected by this backwards system that exists at present.

This will mean improving the technology-related skills of the staff of the Police at all levels – beginning at the very top level and particularly at the levels of Officers-In-Charge, Assistant Superintendents of Police and the like. The development of communication skills should be given priority. Testing the capacities of persons in these matters can be exercised through the help of experts in this field. Once this skill training is introduced, it will soon catch up and enter into the mainstream of the system, and the system will also be able to exercise this function with other branches of governance, particularly with the branches of the administration of justice.

Another major problem that the next IGP will have to face is to completely revise and change the police training methodologies within the department. Short training programmes have clearly shown to have no effect in creating the kind of police force that can earn the respect of the people and also perform their duties with a sense of dignity and professional pride. This would mean dividing various types of training depending on which branches they were from and providing special training for special tasks and if necessary, providing the training abroad, so that experiences from other countries could be brought into that of the Sri Lankan policing system, are all matters that need very urgent consideration.

The moral and ethical development of the Police is a very serious need within the policing system. The use of language among each other by the officers, higher-ups and the lower ranks should reflect the respect that exists within the department and particularly the basic notion of equality which is at the heart of the constitutional system of Sri Lanka. The same applies to dealing with the public, where drastic changes are needed in the use of language and in behavioural patterns, where politeness, courtesy, and respect for each other should dominate these relationships. The population of the country has improved greatly from the point of view of their education, and they expect a higher level of moral and ethical behaviour from all institutions and of course particularly the institution that deals with the protection of the people, which is the policing system.

These are some of the matters that could be included in the criteria for the selection of an IGP. This clearly shows that the person who comes into the job should carry a certain vision for achieving changes in an institution that is in desperate need of changes. This is not just an institutional need, it is a need of the country. The stability of the country will depend very much on the stable functioning of the policing system that is able to carry out its duties at all levels, particularly at a time when a massive economic crisis has hit the country and the levels of challenge to law and order have become more severe than ever.

The requirement today is for a wellfunctioning system that could win back the confidence of the people. As poverty increases, there is likely to be an increase in thefts and robberies, simply because of dire need. Under these circumstances, developing strategies for not only dealing with crime but also social problems such as malnutrition, by providing various types of services so that the other authorities who are dealing with these matters are able to deliver their services more efficiently, should be a part of the training on the outlook of the police officers. The helpful approach to those who are in need, such as to those who are old, and also people with various disabilities, must be inculcated into the policing system so that people will begin to see a changed approach to dealing with social stability, law, and order.

 

The writer is the Asian Human Rights Commission’s Policy and Programmes Director