Of crime, politicians and mafia

The murder of six year old Seya Sevdam has stirred the conscience of the people. Demonstrations calling for the speedy arrest and maximum punishment for the offenders have sprang up in many localities including the Capital city.

 

This is not the first of such horrendous crimes. Unfortunately, it may not be the last too. Similar demonstrations took place after the serial killing of women at Kahawatta, Ratnapura and the rape and murder of schoolgirl Sivalogan of Jaffna. Usually, such public anger and public demonstrations wane off with the passage of time and the incidents are forgotten. Politicians and law enforcing officers also make bold pronouncements loaded with good intentions and a bit of blowing their own trumpets. As usual the story ends there.

 

Such incidents should be an eye-opener to look deeply into the escalation of horrendous crimes and their links with the political hierarchy and state apparatus, especially with the law-enforcement officials.

 

Just take a quick look at some of the recent news reports. A high-ranking police officer was taken into custody for providing security to treasure hunters. Several prison officials were interdicted after it was established that they have provided an outsider facilities to visit a drug offender inside the lock-up at the Courts Complex at Hulftsdorp, Colombo. Several army and police officials are in custody over abductions and intimidation of persons. Public perception is that only 10 percent of narcotics are nabbed by Customs and 90 percent escape being detected, apparently due to negligence or collusion with drug lords. Unfortunately, narcotics and other drugs confiscated and handed over to the police get evaporated into thin air and only a fraction of the confiscated amount reaches the Courts.

 

Another disturbing factor is the collusion of local as well as national politicians in criminal activities. The number of politicians arrested or charged with such crimes as assault, rape and intimidation are countless. The unfortunate phenomenon is that such politicians are never punished by their respective parties and they obtain nomination for subsequent elections. Strangely enough they get elected, even heading the preferential votes pointing to utter indifference of the public to the morality of the candidates. It is as if the public too have lost their conscience or sold it for a mess of porridge.

 

A keen observer could also witness a nexus between the underworld mafia and the politicos. Corrupt politicians provide a climate of impunity to the criminals and the hapless public can do nothing except keeping their mouths shut in fear of reprisals from the offenders.

 

This politico- underworld link has a direct influence in corrupting the state officials to become willing partners in covering-up many a serious crime.

 

If such is the case in ordinary crimes one could imagine how far more complex the nexus between politicians, criminals and corrupt state officials would be in case of large-scale economic and financial crimes. In this situation, the lethargy shown by officials in proceeding with investigations against highly placed politicians, especially those of the last regime and the lame excuses given by persons in authority for their inaction  does  not give any confidence to the public that justice will be done. Many have already lost hope as most of those against whom there are allegations have secured important Cabinet and other portfolios that enable them to influence the investigations.

 

The present government as well as some of its predecessors have time and again pointed to the shortcomings in the criminal justice system that facilitates criminals to take advantage of such shortcomings. However, legal reform is a slow process. Due to its elitist and technical nature the intricacies of the legal system are beyond the comprehension of the ordinary public and hence there is no public agitation for legal reform. This factor alone contributes to the conservatism and inertia in the legal system. The Government must without delay initiate a process of legal reform so that international pressure on it could be considerably reduced.

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One could recall in this context the conclusion arrived at by the Human Rights Council of the United Nations now sitting in Geneva that the Sri Lankan judicial system is not adequate to inquire into serious allegations of human rights violations that are supposed to have taken place during the civil war in the country. One has to admit that this conclusion is true, even though political motivations may have prompted its authors to arrive at it.

 

The Human Rights Council comprises States parties and each State party has its own national agenda and national interest. We cannot blame them for acting thus. However, the Sri Lankan State too must act on its own national agenda and national interest. In assessing the national interest it is not sufficient to consider only the internal situation. The international situation and primarily, Sri Lanka’s role as a responsible member of the international community must be taken into account.

As regards the issue under consideration by the Human Rights Council it is best that Sri Lanka investigates on its own the allegations made in the Council Report. It is in the national interest to do so since an international inquiry would erode the sovereignty of the State. To investigate and punish the offenders and establishing norms of conduct that bar any repetition of such incidents is the only way of achieving national reconciliation and stable peace. In view of the above mentioned deficiencies in the Sri Lankan judicial system it is apparent that international assistance may be required to update it to modern global standards, especially with regard to protection of victims and witnesses. However, the question of how far one can go in involving foreign jurists in any domestic investigative mechanism has to be tackled with care so as not to transgress national sovereignty.

 

The exact nature of the resolution that would be passed by the UNHRC is yet to be seen. The more resolute the Sri Lankan delegation in pursuing the national interest without being cajoled by powerful States the easier it would be to implement it.