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Deaths in state custody: Committee studying new scheme for conduct of inquests
A Justice Ministry committee is examining the possibility of adopting a new and special scheme for the conduct of judicial investigations and inquests pertaining to deaths in the custody of the Police, armed forces and other State authorities.
The 10-member committee is headed by Ravindra Fernando, Senior Professor of Forensic Medicine and Toxicology at the Faculty of Medicine, University of Colombo. Its main premise is to study the existing legal framework, procedures and practices relating to the conduct of inquests into deaths and to recommend amendments.
The committee is likely to suggest that Section 369 in Chapter 3 of the Criminal Procedure be replaced by a completely new Act.
Authoritative legal sources said that, in the three-year period before January 8, 2015, a total of 24 deaths took place in incidents where the police claimed a suspect was killed in self-defence or while attempting to flee from custody. There have been none since then.
But the committee’s work does not pertain only to custodial deaths. Prof Fernando said it will study a whole gamut of issues.
The members have already received about 100 proposals following a recent International Committee of the Red Cross (ICRC)-sponsored workshop on ‘Reforms Relating to the Conduct of Inquests of Deaths’.
Procedural issues were taken up. Even the manner in which an Inquirer into Sudden Deaths is appointed was examined. It was recommended that the minimum qualifications be raised from GCE Advanced Level passes.
The efficiency of the investigation into a sudden death was discussed, particularly as inquest procedures are not described in the law. Basic matters, such as the need to educate medical workers about the release of bodies from hospitals, were flagged.
One example of how existing procedures had failed was the death of rugby player Wasim Thajudeen.He was killed, purportedly in a motor vehicle accident. But the magistrate did not conclude the cause of death—whether it was an accident, suicide or murder. The case has, therefore, been pending for three years.
“The committee shall also consider existing procedures and practices followed in the conduct of inquests into deaths, and recommend to me the adoption of better procedures and practices,” its mandate from the Justice Ministry reads.
They include procedures and practices related to the conduct of inquests by inquirers and post-mortem examinations by forensic medical specialists and other medical officers.
The committee will consider, too, the conduct of special inquests into deaths resulting from or associated with mass-scale natural and manmade disasters and accidents resulting in large numbers of deaths.
“Such rules shall include procedure and criteria for the appointment of Inquirers, functions of Inquirers, best practices to be followed in the conduct of inquests and postmortem examinations, and exhumation of human remains,” the mandate states.
The other members of the committee are Additional Solicitor General Yasantha Kodagoda, Justice Ministry Additional Secretary Sunil Samaraweera, Colombo Chief Magistrate Gihan Pilapitiya, Senior Superintendent of Police (SSP) Priyantha Jayakody, Attorney-at-Law Ranjan Mendis from the Bar Association of Sri Lanka, Dilhara Amerasinghe, Consultant to the Ministry of Justice, Justice Ministry Senior Assistant Secretary A.K.D.D.D Arandara, Colombo City Coroner Ashroff Rumi and Justice Ministry Assistant Secretary Thilini Ratnasuriya.