Human rights and civil society activists say that legal issues are emerging regarding the ‘Yuktiya’ special operation, which is being implemented according to a concept of Acting Inspector General of Police Deshabandu Tennakoon with the aim of curbing the rising drug trafficking and crime wave in the country.
The aim of the ‘Yuktiya’ operation, which began on December 17 and covers the entire island, is to disrupt drug trafficking and dismantle the organized crime network associated with it, the police revealed.
Special attention has been paid to the Western, Northwestern and Southern provinces in this operation, Police Media Spokesperson Senior Superintendent of Police Attorney-at-Law Nihal Thalduwa said earlier.
However, it was observed that there was a public debate about the security forces searching homes and individuals during this operation and the publicity given to them through the media.
If it was a planned operation, why was a warrant not obtained?
While the police have limited powers to search a house without a warrant obtained from the court, the security forces do not have the power to search homes or buildings without a court order in an area, lawyer Hijas Hizbullah stated in his comments regarding Operation Justice.
“This is a planned operation. Then they should say that if this is a planned operation, why couldn’t a warrant be obtained? The magistrate can go and say that there is a problem in this area and that is why we should get a warrant to search these houses. And it is only in cases where it is not possible that these people are allowed to search without a warrant. For example, let’s say I arrested someone with drugs, then I can go to his house and search him. As soon as the message goes out that you have been arrested, I will hide the items. Then I will go with you, search him and take the items that are there and we will leave.”
“If they are going to clear this area by carrying out an operation, then they have time to ask the magistrate to issue a warrant. Now they are going to tell the media, the whole world, and then they will hide the drugs that are there. Why can’t the police who do that get a warrant?” the lawyer questioned.
Lawyer Hijas Hizbullah said that the police do not have the power to raid an area in the middle of the night without a warrant and said that it is a violation of human rights.
‘There is no problem with searching if the owner of the house wants it’
The Police Media Spokesperson was asked regarding the allegations made during the “Justice” operation about searching houses and individuals without obtaining a court warrant.
The media spokesperson said that warrants are not required to search for drugs and stated that the searches are carried out legally.
“If we take a flat, or if we take some areas of Colombo, we cannot search for those people who can move from house to house. We go and search the relevant house and move from house to house. We search that house and the other house where the wanted person is, and then if we think that we need to get a warrant for that house, we cannot do this.”
“Whether there is a warrant to search the house or not, there is no problem in searching if the owner of the house wants to. If he does not object, then there is no need for a warrant to search the house. If he says that we need to get a warrant for a certain matter, we can get a warrant. If someone asks us of his own free will, we do not need a warrant to search our house,” the SSP said.
He also pointed out that since this operation is being carried out using the full manpower of the Sri Lanka Police, there is no opportunity for anyone to go and hide in another area.
Have you ever escaped from the police in nightclubs?
The lawyer introduced this operation as a show by the poor people to make the acting IGP a hero by erasing court decisions on torture.
He points out that it is not known that the police have checked places where drug traffickers hang out and where drug use occurs, such as nightclubs, where the rich hang out.
“If you want to eliminate the drug business, you should go to the nightclubs. Why don’t you raid nightclubs? Isn’t the use of cocaine, the use of pills, the use of rich people in nightclubs drugs? Where does the money of those who spend it come from? If you start looking for them, you can find the corners where the real drug dealers do the drug business. Have you ever escaped from the police in nightclubs?”
“This is just a small operation targeting poor people to put on a show for the public. They live in a society that doesn’t care about human rights violations. They have no one else to stand up for the injustices they face. That’s why there are allegations that the police violated their rights, created a big drama, gave the IGP an acting appointment, and tortured him in the Supreme Court. They are trying to make him look like a hero to the public to erase all that. That’s the real story here.”
Lawyer Hijaz Hizbullah, who said that it is disgusting for the police to make the operations public through the media, said, “This further confirms that there is nothing else here except media spectacle. If the police can go with the media and set up media cameras, why can’t they get a warrant?” he questioned.
The lawyer also said that by showing the people arrested through the media and their locations through the media, it will hinder them from getting a fair trial and rebuilding their lives.
‘A person who is not a victim becomes a victim because of the media’
The President of the Young Journalists Association was asked regarding the media reports that are being made by media institutions in violation of ethics while reporting on the search operation launched by the police.
“There is a serious problem in terms of media ethics, we saw this during the Corona period. We asked the Human Rights Commission, the Information Department, and journalists to give a guideline. The situation is the same now. I think after some reports, a situation arises where people cannot go out on the streets. Someone who is not a victim becomes a victim because of the media, someone who is a victim because of the police, and someone who has been searched for once in the media becomes a victim again.”
Tharindu Jayawardena of the Young Journalists’ Association condemned these media reports as an unethical act.
He expressed suspicion that news heads of media institutions may be publishing incidents that violate ethics to support political interests.
The chairman also pointed out the risk of laws being enacted against the media in the future if ethical reporting is not done.”
“There has already been a discussion in society that there should be no privacy laws in Sri Lanka. Then, as soon as such a law is brought in, it will only harm journalists. But if we report ethically within the current space, there will be no need to bring such laws.” Tharindu Jayawardena further emphasized.
Assets worth nearly Rs. 162 million seized
The Police Headquarters stated that 1810 suspects and 55 suspects have been arrested in 1864 raids conducted (December 21).
Detention orders are to be obtained for 145 of the suspects.
Meanwhile, the Police stated that from these raids, officers of the Illegal Assets and Property Investigation Division have so far confiscated a number of properties belonging to organized crime and major drug traffickers.
The total value of the properties is nearly Rs. 162 million.
4665 people involved in drug trafficking and the underworld
President Ranil Wickremesinghe has ordered the arrest of 4665 people involved in drug trafficking and the underworld in the operation to suppress drug trafficking and underworld activities in the country. Minister of Public Security Tiran Alles said that he has received the full blessings of Wickremesinghe and therefore, no matter what the impact, the operations will not be stopped.
Minister of Public Security Tiran Alles expressed these views while participating in a press conference titled ‘One way for a stable country, everyone’ held at the Presidential Media Center on (21).
“The special operation called ‘Justice’ that has been implemented island-wide has been the talk of the entire country. Drugs and underworld activities have continued in this country. Therefore, someone must stop these activities. Therefore, I have decided to take necessary measures to stop drug trafficking and underworld activities in this country. It was with that aim that Operation ‘Justice’ was launched. In this matter, a special responsibility has also been assigned to the Community Police Committees.”
“We have received intelligence reports that there are 4665 people involved in drug trafficking and the underworld. I have instructed to arrest all of them. In the past 4 days alone, 731 people in the intelligence report have been arrested,” Minister Tiran Alles said.
Temporary restriction
Police Media Spokesperson Senior Superintendent of Police Attorney Nihal Thalduwa said that the “Justice” operation will be temporarily restricted due to the deployment of police officers on special duties in conjunction with the Christmas holidays, and he stated that the operations will continue as before.
13,666 suspects have been arrested in 7 days from the “Justice” operation, which was launched nationwide from December 17th, and the police revealed that detention orders have been obtained for 717 suspects and investigations are underway.
In addition, illegal assets investigations have been initiated against 174 suspects and 1097 people addicted to drugs have been referred to rehabilitation centers.
Also, during the operations, security forces have been able to seize 09kg of heroin, 04kg of ice, 272kg of cannabis, 944,651 cannabis plants, as well as 117kg of marijuana, 35kg of ash, 989g of hashish, 03kg of tul, 520g of kush and 65,924 narcotics.
