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
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