Abstract:
Police brutality, defined as the excessive or unlawful use of force by law
enforcement officers, is closely linked to broader forms of state-sanctioned
violence. Legal frameworks such as Emergency Regulations have, in certain
contexts, legitimised coercive policing practices which, when combined with
police brutality, contribute to the restriction of civil liberties, particularly the
rights to freedom from torture, personal liberty, and freedom of expression.
These practices have also significantly eroded public trust in law enforcement
institutions. This study focuses on Sri Lanka due to its recent history of police
brutality and state-sanctioned violence, particularly in the application of laws
such as the Prevention of Terrorism Act. Through selected case studies involving
judicial decisions, documented incidents of police brutality, and institutional
responses, the research examines how these practices are interrelated and how
they contribute to the erosion of fundamental rights. The study further
analyses the impact of such practices on democratic governance, including
reduced public cooperation with the police, declining crime reporting, and
increased social unrest. The research adopts a qualitative doctrinal and sociolegal
methodology. This includes legal analysis of relevant statutes and case law,
complemented by thematic analysis of documented incidents of police brutality.
Secondary public opinion data is utilised, drawing on reports published by
human rights organisations, commissions of inquiry, and prior empirical
studies assessing public perceptions of law enforcement. The findings
demonstrate that repeated instances of police brutality, often justified on
grounds of public order and national security, disproportionately affect
marginalised communities and undermine public confidence in law
enforcement agencies. The study concludes that sustained state tolerance of
excessive police force weakens democratic governance and highlights the
urgent need for reform of Sri Lanka’s legal and institutional policing
frameworks through stronger oversight, enhanced accountability, and a shift
towards rights-based policing.
