2.11 Developments on 28 April 2022 2.11.1 Police officers arrested The CID arrested the former SSP for Kegalle, K.B. Keerthirathna who had ordered to open fire at the protestors in Rambukkana as well as the police officers who had undertaken the shooting, on orders of the Kegalle Magistrate.85 A total of four police officers arrested in connection with the incident were remanded86. 3. Domestic and International frameworks protecting the freedom of peaceful assembly and the right to protest Sri Lanka has an obligation under international human rights law to ensure that the right to life is protected.The Universal Declaration of Human Rights (Article 3) and the International Covenant on Civil and Political Rights (Article 6) recognizes the right to life. Although the Constitution of Sri Lanka does not recognize the right to life explicitly, it is recognized in judicial pronouncements.87The use of lethal force by law enforcement agencies is strictly regulated under international human rights law,88 and lethal force may only be used after other alternatives have been exhausted and must correspond to the level of threat. It must be proportionate, necessary and legal.89 The right to protest peacefully is protected under both domestic law and international human rights law. Sri Lanka has a positive obligation to protect, promote and guarantee freedom of expression and right of peaceful assembly under both the Constitution (Articles 14(1)(a) and (b) and its international obligations under Article 21 of the International Covenant on Civil and Political Rights. The freedom of expression and assembly includes the right to protest. It is the responsibility of the state to facilitate peaceful protest including by traffic management, provision of medical services and cleaning up after a protest.90 The blocking of streets and occupation of public spaces may take place during a protest as was the case in several of the incidents considered in this report. The use of force in any instance must be strictly proportional and be restricted to the use of non‘#Rambukkana: CID arrests SSP Keerthirathna over shooting’ News First, 28 April 2022. https://www.newsfirst. lk/2022/04/28/rambukkana-cid-arrests-ssp-keerthirathna-over-shooting/ 86 ‘Rambukkana police shooting: Four cops including former Kegalle SSP remanded’ Ada Derana, 29 April 2022. http://www.adaderana.lk/news/82114/rambukkana-police-shooting-four-cops-including-former-kegalle-sspremanded 87 Rathnayake Tharanga Lakmali v. NiroshanAbeykoon Inspector of Police Officer-in-Charge, Crime Branch, Embilipitiya Police Station Embilipitiya et al. S.C. Minutes 17 December 2019. https://www.supremecourt.lk/images/ documents/sc_fr_577_2010.pdf; 88 Code of Conduct for Law Enforcement Officials (General Assembly resolution 34/169)(1979) and the Basic Principles on the Use of Force and Firearms by Law Enforcement Officials (1990) 89 General Comment No. 36 (2018) on Article 6 of the International Covenant on Civil and Political Rights on the Right to Life. https://tbinternet.ohchr.org/Treaties/CCPR/Shared%20Documents/1_Global/CCPR_C_GC_36_8785_E.pdf 90 Civicus. “Toolkit: Your right to Protest”. https://civicus.org/protest-resilience-toolkit/your-right-to-protest/ 85 24

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