Dear friends,
The Asian Human Rights Commission (AHRC) has come to learn of a case involving the illegal arrest and detention of a man by the Gokarella police, despite the latter being informed that the man they had arrested was not the person they were after. Mr. Sunil Premathilake was confronted by the police who were seeking a Mr. Sunil Premarathne. Though the names varied and Mr. Premathilake pointed this out, the police proceeded to arrest him regardless and took him into their custody. The following day Mr. Premathilake was brought before the Kurunegala Magistrates Court where he was remanded until 4 February 2006, and later released on bail. The next date of hearing in this case is on March 30.
On 28 January 2006, at approximately 2am, four policemen including a home guard named Ajith arrived at Mr. Premathilakes house and demanded, Who is Sunil Premarathne? When Mr. Premathilake said he was Sunil Premathilake, the policemen informed him that there was a warrant for his arrest and proceeded to arrest him. Mr. Premathilake insisted that he was not the man they were looking for and had never had a warrant issued against him. The policemen, however, ignored him and escorted him outside.
He was handcuffed together with another person whom he later learnt was Sunil Premarathne – a trader in illicit liquor and who often colluded with the Gokarella police for the betterment and financial gain of both parties. It is believed that Sunil Premarathne often appeared in court under various false names so that his prior criminal record would be concealed from the court. It is further believed that he colluded with the police to deceive both the courts and magistrate. Meanwhile he was also evading a court warrant for his arrest, all the while appearing in court under pseudo names. The victim also says that Sunil Premarathne was reluctant to appear in court in response to the warrant as he feared he would be arrested. So he induced the police to arrest a totally innocent man, falsely charge him and then produce him in court – instead of the liquor trader himself.
Following his arrest at his house, Mr. Premathilake was taken to the Gokarella police station and put into a holding cell. In the morning, his wife and siblings arrived at the police station and told the police that he was Sunil Premathilake; not Sunil Premarathne. But the police refused to listen to them. At about 9am the police took him to the Kurunegala Magistrates Court and presenting him as Sunil Premarathne and got him remanded until February 4.
On February 5 he was released on bail. The next date of hearing in this case (case number 3923/B) is set for March 30.
Mr. Premathilake suspects that the police intentionally and fraudulently arrested him, produced him in court and remanded him in lieu of Sunil Premarathne against whom a warrant of arrest had been issued on a previous occasion.
He therefore requests that the police be urged to immediately produce the real accused in the case and that immediate action be taken again the errant policemen who misled the court regarding the identity of the accused. He also demands that he be paid compensation for his illegal arrest and for being falsely deprived of his liberty for several days.
It should be noted that the substitution of accused persons in the Magistrates Court – especially concerning illicit liquor cases – is a common practice by the local police across the country. When an owner of an illicit liquor shop is apprehended and fined, regularly it is one of his/her workers who appears in court, pays the fine and even gets remanded. This is made possible because rarely is proof of ID of the accused required in the Magistrates Court. Both criminals and the police are benefiting from this system.
SUGGESTED ACTION:
Please write to the relevant authorities listed below seeking their intervention in this case. Such intervention must be immediate given that the victim is to appear before the court in a matter of days. An independent investigation must be immediately launched into who exactly the arrest warrant was issued against. If it is established that Mr. Premathilake was arrested incorrectly, then the charges laid against him must be withdrawn at once. The investigation should also look into the conduct of the police, including why they ignored the pleas of the victim and his family regarding his identity. Those police who arrested the victim, despite knowing that he was not the person the warrant was issued for, must be held responsible for their actions. The victim must be afforded compensation for his illegal arrest and for being falsely deprived of his liberty for several days.
To support this case, please click here: SEND APPEAL LETTER
SAMPLE LETTER
Dear ___________,
SRI LANKA: Illegal arrest and detention by the Gokarella police
Name of victim/complainant: R.D. Sunil Premathilake, 40 married with two children; Occupation: farmer, Address: Andapola, Dodamgahalanda
Name of alleged perpetrators: Policemen including the OIC of the Gokarella police station
Date of incident: 28 January 2006 until now
I write to inform you of a case I have recently learned of involving the illegal arrest and detention of a man by the Gokarella police, despite the latter being informed that the man they had arrested was not the person they were after.
On 28 January 2006, at approximately 2am, four policemen including a home guard named Ajith arrived at Mr. Premathilakes house and demanded, Who is Sunil Premarathne? When Mr. Premathilake said he was Sunil Premathilake, the policemen informed him that there was a warrant for his arrest and proceeded to arrest him. Mr. Premathilake insisted that he was not the man they were looking for and had never had a warrant issued against him. The policemen, however, ignored him and escorted him outside.
He was handcuffed together with another person whom he later learnt was Sunil Premarathne - a trader in illicit liquor and who often colluded with the Gokarella police for the betterment and financial gain of both parties. It is believed that Sunil Premarathne often appeared in court under various false names so that his prior criminal record would be concealed from the court. It is further believed that he colluded with the police to deceive both the courts and magistrate. Meanwhile he was also evading a court warrant for his arrest, all the while appearing in court under pseudo names. The victim also says that Sunil Premarathne was reluctant to appear in court in response to the warrant as he feared he would be arrested. So he induced the police to arrest a totally innocent man, falsely charge him and then produce him in court - instead of the liquor trader.
Following his arrest at his house, Mr. Premathilake was taken to the Gokarella police station and put into a holding cell. In the morning, his wife and siblings arrived at the police station and told the police that he was Sunil Premathilake; not Sunil Premarathne. But the police refused to listen to them. At about 9am the police took him to the Kurunegala Magistrates Court and presenting him as Sunil Premarathne and got him remanded until February 4.
On February 5 he was released on bail. The next date of hearing in this case (case number 3923/B) is set for March 30.
Mr. Premathilake suspects that the police intentionally and fraudulently arrested him, produced him in court and remanded him in lieu of Sunil Premarathne against whom a warrant of arrest had been issued on a previous occasion. Such suspicions by Mr. Premathilake are not without their just cause. I have learned that the substitution of accused persons in the Magistrates Court - especially concerning illicit liquor cases - is a common practice by the local police across the country. When an owner of an illicit liquor shop is apprehended and fined, regularly it is one of his/her workers who appears in court, pays the fine and even gets remanded. This is made possible because rarely is proof of ID of the accused required in the Magistrates Court. Both criminals and the police are benefiting from this system.
Owing to the urgency of Mr. Premathilakes case, given that he is to face court in a matter of days, I write to you now seeking your immediate intervention. An independent investigation must be immediately launched into who exactly the arrest warrant was issued against. If it is established that Mr. Premathilake was arrested incorrectly, then the charges laid against him must be withdrawn at once. The investigation should also look into the conduct of the police, including why they ignored the pleas of the victim and his family regarding his identity. Those police who arrested the victim, despite knowing that he was not the person the warrant was issued for, must be held accountable for their actions. The victim must be afforded compensation for his illegal arrest and for being falsely deprived of his liberty for several days.
I trust that you will take action in this matter prior to Mr. Premathilakes appearance before the court.
Yours sincerely,
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PLEASE SEND LETTERS 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. Mr. J Thangawelu
DIG Legal
Police Headquarters
Colombo 1
SRI LANKA
Fax: 94 11 2381 394
Email: legaldiv@police.lk
6. 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
7. Piyasena Ranasinghe
Director General
Commission to Investigate Allegations of Bribery or Corruption
36, Malalasekera Mawatha
Colombo 07
SRI LANKA
Tel: +94 11 2 586 851
Fax: +94 11 2 595 045
8. Ms Leila Zerrougui
Chairperson
Working Group on Arbitrary Detention
c/o Miguel de la Lama
OHCHR-UNOG
1211 Geneva 10
SWITZERLAND
Fax: +41 22 917 9006 (ATTENTION: Working Group on Arbitrary Detention)
Email: mdelalama@ohchr.org
Thank you.
Urgent Appeals Programme
Asian Human Rights Commission (ahrchk@ahrchk.org)
