Dear friends,
The Asian Human Rights Commission (AHRC) has received information regarding the botched arrest and shooting of two men by Urubokka police officers, who then fabricated their charges. The Assistant Superintendent of Police admitted that they were innocent in the Magistrate’s Court, however the officers responsible have not yet been investigated for misconduct.
CASE DETAILS:
On 16 March 2009 four men were helping a friend put up posters for his father’s funeral in Kosgoda. It was after nine pm when they noticed a parked motorbike, with men wearing helmets standing nearby. As they pulled away someone started shooting at their three-wheeler.
The driver, Hathumuna Liyanage Indunil Ranganath was shot in the back and lost control of the vehicle. It struck a tree and he fell out, losing contact with his three friends. According to him, two men approached him with a torch, dragged him onto the road by his shirt collar and questioned him; when his mobile started ringing in the undergrowth they wouldn’t let him answer it. Ranganath then recognised a policeman called Rohitha from Urubokka station, but the officer ignored his greeting. The men then put him into a three wheeler and left him outside the Mawarala hospital on a bench. Though their route had taken them passed Ranganath’s house, his pleas to stop and tell his family had been ignored and at no time had the men introduced themselves as police. Ranganath admitted himself to the hospital.
Two of his friends, Manoj Nishantha and Sunil Rubasingha, were unharmed in the crash, but Janaka Muthukumarana had been shot twice in the thigh and once in his right ankle. Friends took him to Mawarala hospital, but just before they left they say that police arrived at the scene and told them to go on their way.
Later that night the two injured men were reunited in an ambulance taking them from Mawarala to Matara hospital. When they were visited by a magistrate the next day they found out that they were in remand; they weren’t aware of the charges.
In the meantime friends and supporters of the two men started a protest; at one stage they took the corpse of the friend’s father and barricaded the main road in Kosgoda village. Local politicians and activists got involved, and met with the Deputy Inspector General, who promised to take steps to release the men, arrange for their medical treatment and repair their damaged vehicle.
However a B report submitted by the police to the magistrate had accused the victims of playing a role in a ransom case, which they were staking out. They claimed that a gun (a Gulkatass) was found near the crashed three-wheeler, and that they had only fired after clearly identifying themselves and asking the men to stop. The report also claims that the police admitted Ranganath to hospital. No evidence has been given for these claims.
On 19 March the Assistant Superintendent of Police was forced to retract this report in front of the magistrate and admit that the two accused men had no connection with the ransom case, and that they should be granted bail. However the magistrate said that since they had already filed the fire arms charge he couldn’t grant the men bail; this was later sought from the High Court
The men were released from hospital into the custody of Matara Prison, but given bail on 7 April by Matara High Court.
ADDITIONAL INFORMATION:
A string of procedural errors and illegal actions taken by the police in this case lead to two men being badly injured and unjustly sent to remand prison. A complaint (HRC/1663/09) was sent to the National Human Rights Commission on 2 April and an inquiry arranged for the 15 May, in which preliminary investigations were made.
A petition signed by more than 200 villagers and Buddhist monks have demanded an impartial inquiry into the incident by the Deputy Inspector General of Police.
SUGGESTED ACTION:
Please write to the authorities listed below calling for a swift investigation into this crime, the discharge and arrest of those proven guilty of gross misconduct and for compensation to be provided for the four victims. Please also recommend that mandatory training be arranged for the police at Urukbokka Station.
To support this case, please click here: SEND APPEAL LETTER
SAMPLE LETTER
Dear __________,
SRI LANKA: Two men are shot, illegally detained and charged with a fabricated offence by Urubokka police
Names of victims:
1. Hathumuna Liyanage Indunil Ranganath; shot by police officers, illegally arrested and falsely charged
Of 319 Mahahenawatta, Ahalakanda, Gomila, Mawarala
2.Janaka Muthukumarana; shot by police officers, illegally arrested and falsely charged
3.Manoj Nishantha, shot at but unharmed by police officers
4.Sunil Rubasingha, shot at but unharmed by police officers
All from Polgashena, Ahakakanda, Gomila, Mawarala
Officials responsible:
Various officers of the Urubokka police, Matra Division, Southern Range, including
1. An officer Rohitha
Date of incident: 16 March to 17 April 2009
Place of incident: Mawarala
I am writing to voice my deep concern regarding the botched arrest and shooting of two men by Urubokka police officers, who then fabricated their charges.
I have been informed that on the evening of 16 March the four victims were driving a three wheeler and putting up posters for a funeral when they came under fire from Urubokka police officers; they were not given any warning. Hathumuna Liyanage Indunil Ranganath was shot in the back and Janaka Muthukumarana was shot twice in the thigh and once in his right ankle before the vehicle crashed.
Ranganath was reportedly treated roughly and dropped outside Mawarala hospital by men he assumed were police officers; he admitted himself. Muthukumarana was taken to Mawarala by friends. I am told that the two were taken to Matara hospital, and when they were visited by a magistrate the next day they found out that they were in remand, though they weren’t aware of the charges.
In the meantime friends and supporters of the two men started a protest and local politicians and activists got involved, and met with the Deputy Inspector General. It seems only because of this that the DIG promised to take steps to release the men, arrange for their medical treatment and repair their damaged vehicle.
However a B report submitted by the police to the magistrate accused the victims of playing a role in a ransom case that they were staking out. They claimed that a gun (a Gulkatass) was found near the crashed three-wheeler and that they had only fired after clearly identifying themselves and asking the men to stop. The report also claims that the police admitted Ranganath to hospital. No evidence has been given for these claims, which contradict the testimony of the victims.
On 19 March the Assistant Superintendent of Police was forced to retract this report in front of the magistrate and admit that the two accused men had no connection with the ransom case, and that they should be granted bail. However the magistrate said that since they had already filed the fire arms charge he couldn’t grant the men bail.
The men were released from hospital into the custody of Matara Prison and finally granted bail on 7 April by Matara High Court.
It’s clear to me that a string of procedural errors and illegal actions taken by the Urubokka officers have lead to two men being badly injured and unjustly sent to remand prison; and disciplinary and legal action is in order.
I call for a swift investigation into this crime, for disciplinary and legal action against the officers proven guilty of gross misconduct, and for compensation to be provided to the four victims. It appears that training is required at Urukbokka station; I suggest it be provided and made mandatory to prevent further violations against civilians.
I look forward to your action in this case.
Yours sincerely,
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PLEASE SEND YOUR LETTERS TO:
1.Mr. Jayantha Wickramaratne,
Inspector General of Police (IGP),
New Secretariat, Colombo 1,
Fax: +94 11 2 440440/327877;
E-mail: igp@police.lk
2. Mr. Mohan Peris
Attorney General
Attorney General’s Department
Colombo 12
SRI LANKA
Fax: +94 11 2 436421
3. Secretary, National Police Commission,
3rd Floor, Rotunda Towers, 109 Galle Road
Colombo 03, Sri Lanka.
Tel: +94 11 2 395310,
Fax: +94 11 2 395867
E-mail: npcgen@sltnet.lk or polcom@sltnet.lk
4. Secretary, Human Rights Commission of Sri Lanka,
No 108 Barnes Place
Colombo 07
SRI LANKA
Tel: +94 11 2 694 925 / 673 806
Fax: +94 11 2 694 924 / 696 470
E-mail: sechrc@sltnet.lk
5. Senior Superintendent of Police
Office of the Senior Superintendant of Police
Matara Division
SRI LANKA
Fax: +94 41 22222221
Tel: +94 41 22222113
Thank you.
Urgent Appeals Programme
Asian Human Rights Commission (ua@ahrchk.org)
