Dear friends,
The Asian Human Rights Commission (AHRC) has learned that police in Kandy have failed to adequately investigate an unprovoked attack on a young man in Madalkelle.
CASE DETAILS:
According to information we have received, on 2 October 2009 at 7pm Christopher David was walking home from his job at the youth movement, Prajashakthi when he was assaulted by two men in front of the Parameshwara Tamil Maha Vidiyalaya. He was allegedly beaten with a pole and he sustained injuries to his head. David was able to hold on to one of his attackers until a passer-by came to his assistance, and has identified his attackers as M. Saman Dissanayake and D.M. Sarath Dissnayake, who are related to each other. One of the suspects told him that the attack was a case of mistaken identity.
The victim was admitted to the Madalkelle hospital and transferred to Kandy hospital due to the seriousness of his injuries, which include a fractured forehead and a laceration above his eye. He was examined there by a judicial medical officer. His father, Ambrose David, made a complaint to the Panwila police station that night at around 9pm but he claims that no action was taken until after he had made a second complaint to the OIC (Officer in Charge) of the station the next day. The suspects were arrested at 1pm on 3 October 2009 but were released on bail by the Teldeniya magistrate shortly after. The victim was released from hospital on 16 October.
The AHRC would like to draw attention to the fact that no eyewitnesses have been called to make statements and that there has been little further investigation seen. In court the police have failed to produce evidence in relation to the crime and significantly, have not arranged for the victims medical records to be presented, which would establish the seriousness of his injuries.
The victim continues to suffer from the attack, which has affected his eyesight and left him with constant headaches that cause him difficulties at work.
The AHRC urges a professional and full investigation into the crime, which includes arranging the testimony of eyewitnesses. An investigation into any obstruction of due process must also take place since there appears to have been a deliberate subversion of justice by Panwilla police officers.
The case (B 774/09) will be heard next on 25th Feb 2010 in the Panwila court.
SUGGESTED ACTION:
Please write to the local authorities listed below urging them to ensure an impartial and transparent investigation into the crime, followed by a fair trial; disciplinary and legal action must be taken against any officer shown to have willing obstructed due process.
To support this case, please click here: SEND APPEAL LETTER
SAMPLE LETTER
Dear __________,
SRI LANKA: Police show wilful negligence in dealing with a case of violent assault
Name of victim: Christopher David, 24; son of Ambrose David; resident of the new housing scheme in Mudulkelle Lower Division, Mudulkelle
Name of alleged perpetrators:
1. M Saman Disanayake of Mudulkelle
2. D.M Sarath Dissnayake of Kaludella
3. The OIC and other officers of Panwilla Police Station, Kandy Division, Central Range (West)
Date of incident: 2 October 2009
Place of incident: In front of the Parameshwara Tamil Maha Vidiyalaya, Madalkelle
I am writing to voice my deep concern regarding the lack of investigation into an attack on a young man in Madalkelle 2 October 2009. The 24-year-old was walking home from work at 7pm when two men allegedly attacked him with a pole. While the victim was able to identify his attackers and was taken to hospital with serious injuries, his father was forced to complain to the OIC a day after his initial complaint before moves were made to arrest the suspects.
I am informed that after being admitted to the Madalkelle hospital the victim was transferred to Kandy hospital where he remained until 16 October, and where he was seen by a JMO. His injuries included a fractured forehead and a laceration above his eye, which now cause him trouble at work. The suspects have been released on bail by the Teldeniya magistrate.
The case (B 774/09) will be heard next on 25th Feb 2010 in the Panwila court, however I am told that there is evidence that the police are obstructing due process and that neither an impartial investigation nor a fair trial is taking place. No statements have been taken from eyewitnesses, police have failed to produce evidence to the court in relation to the crime, and significantly, have not arranged for the victims medical records to be presented in court, which would establish the seriousness of his injuries.
I expect an immediate inquiry into this matter in accordance with the country’s laws and procedures. Please ensure that a thorough, impartial investigation is conducted into both the crime and the possible obstruction of justice by the OIC and other responsible officers at Panwilla Police Station. Please also ensure that all necessary disciplinary and legal action is taken against those proven to be involved.
Yours sincerely,
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PLEASE SEND YOUR LETTERS TO:
Mr. Mahinda Balasuriya
Inspector General of Police (IGP),
New Secretariat,
Colombo 1,
SRI LANKA
Fax: +94 11 2 440440
Email: igp@police.lk
Mr. Mohan Peiris
Attorney General
Attorney General’s Department,
Colombo 12,
SRI LANKA
Fax: +94 11 2 436421
Secretary,
National Police Commission,
3rd Floor Rotunda Towers,
109 Galle Road,
Colombo 03,
SRI LANKA
Tel/Fax: +94 11 2 395960
Email: polcom@sltnet.lk
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
Email: sechrc@sltnet.lk
Senior Superintendent of Police (SSP)
Office of the Senior Superintendant of Police
Kandy
SRI LANKA
Fax: +94 81 2233004
Tel: +94 81 2222228
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Please be aware that although we regularly update our contact databases, emails to local authorities do sometimes bounce back due to domestic technical issues. If this happens consistently please do inform us at the email address below.
Thank you.
Urgent Appeals Programme
Asian Human Rights Commission (ua@ahrc.asia)
