UPDATE (Sri Lanka): Assault on a police woman: disciplinary inquiry becomes a farce 

ASIAN HUMAN RIGHTS COMMISSION - URGENT APPEALS PROGRAMME

Urgent Appeal Case: UP-021-2006
ISSUES: Administration of justice,

Dear friends,

The Asian Human Rights Commission (AHRC) has received updated information regarding the assault of female police constable, Sunethra Koswatte (WPC No 3134) by Inspector of Police, Kasturiarachchi at the Matugama police station on 11 January 2006. (To see further details on the case please see UA-039-2006). Since then, an internal disciplinary inquiry has been started, however, due to the circumstances surrounding the inquiry justice is not being carried out.

After complaining about the assault on January 11, Ms Koswatte was transferred to the Bulathsinhala Police Station while Inspector of Police Kasturiarachchi continues to hold his post at the Matugama police station.  Our recent information has revealed that the Assistant Superintendent of Police, Matugama Priyalal Dasanayake has began an internal disciplinary inquiry into the incident, which is currently proceeding, despite the perpetrator’s presence at the station in question.

According to Ms. Koswatte the perpetrator has actively engaged in dissuading witnesses to testify to the incident. At the time of the incident there were at least 20 witnesses present, which includes 5 police personnel and 10 arrestees in the holding cell, and between 5-10 people who were lodging complaints at the Matugama police station. However, all police eye-witnesses are either denying witnessing the incident or are distorting the facts of what transpired. Ms. Koswatte believes that civilian witnesses may also be unduly influenced or coerced into giving false testimony.

If justice is to be served in this case, then a full and impartial investigation must be conducted. At present, however, the justice system is being jeopardized by the disciplinary inquiry’s current form.

_____________

SUGGESTED ACTION:
Please write to the relevant authorities listed below requesting intervention into Sunethra Koswatte’s case. Please urge them to request the immediate transfer of the perpetrator to another police station at least for the duration of the said inquiry; and in addition that the said inquiry be held outside the police department and for a civilian to be specially appointed to hear the said inquiry.  These requests are essential for justice to be granted to Sunethra Koswatte.

 

 

To support this case, please click here: SEND APPEAL LETTER

SAMPLE LETTER

Dear ________________,

SRI LANKA: Assault on a police woman: disciplinary inquiry becomes a farce

Name of victim: Police Constable Sunethra Koswatte (WPC No 3134), 35, attached to the Matugama police station. 
Name of alleged perpetrators: Inspector of Police Kasturiarachchi and the Officer-in-Charge of Administration of the Matugama Police Station
Date of incident: 11 January 2006
Place of incident: Matugama Police Station

I am writing to voice my deep concern regarding the authorities handling of the recent assault of female police constable Sunethra Koswatte (WPC No 3134) by Inspector of Police Kasturiarachchi at the Matugama police station on the 11 January 2006.

After complaining about the assault, Ms. Koswatte was transferred to the Bulathsinhala Police Station whilst the Inspector of Police Kasturiarachchi continues to hold his post at the Matugama police station. As such, when the Assistant Superintendent of Police, Matugama Priyalal Dasanayake began an internal disciplinary inquiry into the incident, which is currently proceeding, the perpetrator was present at the station which was undertaking investigations into his actions.

According to the information I have received the perpetrator has actively engaged in dissuading witnesses to testify to the incident. At the time of the incident there were at least 20 witnesses present, which included 5 police personnel and 10 arrestees in the holding cell, and between 5-10 people who were lodging complaints at the Matugama police station. However, all police eye-witnesses are either denying witnessing the incident or are distorting the facts of what transpired. Civilian witnesses may also have been unduly influenced or coerced into giving false testimony.

I ask that you instruct the required authorities to immediately transfer the perpetrator to another police station at least for the duration of the said inquiry. In addition, I urge you to see to it that the said disciplinary inquiry be held outside the police department and for a civilian to be specially appointed to hear the said inquiry.  These requests are essential for justice to be granted to Sunethra Koswatte.

I look forward to your intervention into this matter.

Yours sincerely,

----------------

PLEASE SEND A LETTER TO:

1. Mr. Chandra Fernando. 
Inspector General of Police (IGP) 
New Secretariat
Colombo 1
SRI LANKA 
Fax: +94 11 2 440440/327877

2. Mr. K. C. Kamalasabesan
Attorney General 
Attorney General's Department
Colombo 12
SRI LANKA 
Fax: +94 11 2 436 421

3. National Police Commission
3rd Floor, Rotunda Towers,
109 Galle Road
Colombo 03
SRI LANKA
Tel: +94 11 2 395310 
Fax: +94 11 2 395867
Fax HOME: +94 11 2 674148
E-mail: polcom@sltnet.lk

4. Dr. Radhika Coomaraswamy
Chairperson Human Rights Commission of Sri Lanka 
No. 36, Kynsey Road 
Colombo 8 
SRI LANKA 
Tel: +94 11 2 694925 / 673806 
Fax: +94 11 2 694924 / 696470 
E-mail: sechrc@sltnet.lk

5. His Excellency the Hon. Mr Mahinda Rajapakse
President Socialist Democratic Republic of Sri Lanka
C/- Office of the President
Temple Trees
150, Galle Road
Colombo 3
SRI LANKA
Fax: +94 11 2472100 / +94 11 2446657 (this is contact for Secretary to President)  
Email: secretary@presidentsoffice.lk

6. Prof. Manfred Nowak
Special Rapporteur on the Question of Torture
Attn: Mr. Safir Syed 
C/o OHCHR-UNOG
1211 Geneva 10
SWITZERLAND
Tel: +41 22 917 9230
Fax: +41 22 917 9016 (general)
E-mail: ssyed@ohchr.org

Thank you.

Urgent Appeals Programme 
Asian Human Rights Commission

Document Type : Urgent Appeal Update
Document ID : UP-021-2006
Countries : Sri Lanka,
Issues : Administration of justice,