SRI LANKA: Cops and robbers at the Nochchiyagama police station 

ASIAN HUMAN RIGHTS COMMISSION - URGENT APPEALS PROGRAMME

Urgent Appeal Case: UA-116-2006
ISSUES: Arbitrary arrest & detention,

Dear friends,

On 12 March 2006, at about 6pm, an argument ensued between Sameera Harischandra and friends and four persons who were posing as ‘cattle traders’. After some time the four persons alighted from their vehicle – a white truck bearing the license plate 47-3692 – and walked up to Sameera and brutally assaulted him. So severe was the assault that Sameera’s leg was fractured. The four persons then dragged him by his leg and threw him into their truck. But oblivious to the injuries the victim had suffered the perpetrators continued to beat him and threatened to throw his body on a pile of burning tyres. The perpetrators also assaulted Sameera’s friend, Buddhika and another person, but they both managed to get away.

Several people who saw Sameera’s abduction followed the track and as they reached nearby the Nochchiyagama police station, managed to overtake the truck and shout to the perpetrators to release Sameera. However, the perpetrators ignored this and soon turned their truck into the police station compound. It was only then that onlookers noticed that one of the four perpetrators inside the police station was in fact a serving policeman.

Upon hearing of this case, Sameera’s brother and the complainant in this case, Mr. Lusantha Harischandra proceeded to the Nochchiyagama police station. There he noticed that Sameera was bleeding and still being detained inside of the truck. When Lusantha, and his other brother Edward, shouted “why are you trying to kill our brother?”, several policemen pounced on them and proceeded to assault them with their fists and boots. After 20 minutes of this, the brothers were arrested and detained. Soon after, and following considerable protests by the local villagers, the police took Sameera to hospital.

That night, three of the four perpetrators were placed into the holding cell. While they were released in the morning, the brothers were only released around 3pm. The brothers also claim that during their detention that night, a policeman named Tyron Fernando approached them and accused them of assaulting him. Mr. Fernando said they would only be released if they paid him Rs. 20,000. When the brothers insisted it was they who were the victims of assault, not him, Mr. Fernando threatened to haul them before court. The brothers said that it was only after they paid the police Rs. 20,000 – which they got from one of their relatives – that they were released from the station. The police then forced the brothers to settle the case of causing grievous injuries to Sameera by accepting Rs. 7,000 from the perpetrators.

Thereafter as the brothers too were injured, they visited hospital and received treatment for two days. While in hospital, they made the authorities aware of the assault committed against them. Later their father complained about the incident to the Assistant Superintendent of Police in Anuradhapura.

The brothers further say that while in police custody they observed the close relationship between the police and the three civilian suspects. They later discovered that although in the guise of cattle traders, the perpetrators were actually roaming about as cattle thieves and that one among them was confirmed as a policeman.

Sameera was transferred from the Nochchiyagama hospital to the Anuradhapura hospital where he was treated for more than one week.

SUGGESTED ACTION:
Please write to the relevant authorities listed below concerning this matter. Please call for speedy action to be taken against those who abducted and assaulted Sameera. Immediate disciplinary and legal action must be taken against the policeman who accompanied the cattle thieves, and the other policemen who committed crimes during this incident.

 

 

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

SAMPLE LETTER

Dear __________,

SRI LANKA: Cops and robbers at the Nochchiyagama police station

Names of victims:
1. Sameera Harischandra, Rajanganaya, Maragahawewa, near Anuradhapura
2. Lusantha Harischandra (Sameera’s brother)
3. Edward Harischandra (Sameera and Lusantha’s brother)
Name of complainant: Lusantha Harischandra
Names of perpetrators: 
1. Policemen attached to the Nochchiyagama police station
2. Four persons, including a policeman, who were posing as cattle traders
Date of incident: 12 March 2006

I write to voice my condemnation at the conduct of policemen attached to the Nochchiyagama police station.

According to information I have received, on 12 March 2006 a Mr. Sameera Harischandra (and friends) got into an argument with four persons posing as cattle traders. The four persons alighted from their vehicle (a white truck bearing the license plate number 47-3692), approached Mr. Harischandra and brutally assaulted him. So severe was the assault that Mr. Harischandra suffered a fractured leg. The four men then threw Mr. Harischandra into their truck where they proceeded to beat him further. Prior to their driving off, the perpetrators also assaulted Mr. Harischandra’s friend Buddhika and another person, both of whom managed to run away.

Several people who witnessed Mr. Harischandra’s abduction then pursued the truck that he had been driven off in. After following the truck for some time, the pursuers then noticed it enter the compound of the Nochchiyagama police station and realised that one of the four cattle traders was in fact a policeman.

Mr. Harischandra’s brothers, Lusantha and Edward soon learned of this incident and went to the Nochchiyagama police station to enquire into the matter. When they arrived they saw that their brother was bleeding and still being detained in the truck. When they demanded to know what was going on, they were pounced upon by several policemen who proceeded to brutally assault them for 20 minutes before arresting and detaining them. Meanwhile, bowing to the protests of the local villagers, the police took Mr. Harischandra to hospital to receive treatment for his injuries.

That same night three of the four ‘cattle traders’ were detained in police custody. While they were released in the morning, Lusantha and Edward were not released until 3pm. The brothers also claim that while in detention a policeman named Tyron Fernando approached them and accused them of assaulting him. He also said that unless the brothers paid him Rs. 20,000 he would haul them before court. Only after the brothers paid him the full amount – which they obtained from a relative – were they released. The police then forced the brothers to settle the case of causing grievous injuries to Mr. Harischandra by accepting Rs. 7,000 from the perpetrators.

The brothers required two days hospital treatment for their injuries, while Mr. Harischandra was hosptialised at Nochchiyagama hospital then Anuradhapura hospital for more than one week. Their father lodged a complaint with the Assistant Superintendent of Police in Anuradhapura.

The brothers observed the close relationship between the police and the cattle traders while at the police station. They also later discovered that although in the guise of cattle traders, the perpetrators were actually roaming about as cattle thieves and confirmed that one of them was a policeman.

In light of this, I call on your intervention to bring justice to this case. I ask that speedy action be taken against those who abducted and caused grievous injuries to Mr. Harischandra. Immediate disciplinary and legal action must be taken against the policeman who accompanied the cattle thieves. Disciplinary and legal action should also be taken against the police for their brutal assault on Lusantha and Edward Harischandra.  Finally, disciplinary and legal action should also be taken against Tyron Fernando for his bribing of the victims, and against all police personnel who forced the parties to settle the matter for Rs. 7,000.

I trust that this action will be taken swiftly.

Yours sincerely,

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PLEASE SEND YOUR LETTERS TO:

1. Mr. K. C. Kamalasabesan 
Attorney General 
Attorney General's Department 
Colombo 12 
SRI LANKA 
Fax: +94 11 2 436421

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

3. Human Rights Commission of Sri Lanka 
No. 36, Kynsey Road 
Colombo 8 
SRI LANKA 
Tel: +94 11 2 694 925 / 673 806 
Fax: +94 11 2 694 924 / 696 470 
E-mail: sechrc@sltnet.lk 

4. Mr. J Thangawelu
DIG Legal
Police Headquarters
Colombo 1
SRI LANKA
Fax: 94 11 2381 394
Email: legaldiv@police.lk

5. 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: polcom@sltnet.lk

6. 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. 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

9. Ms Leila Zerrougui
Chairperson
Working Group on Arbitrary Detention
Attn: Mr Miguel de la Lama
OHCHR-UNOG
1211 Geneva 10
SWITZERLAND
Fax: +41 22 917 9006 (ATTENTION: WORKING GROUP ARBITRARY DETENTION)
Email: mdelalama@ohchr.org

Thank you.

Urgent Appeals Programme
Asian Human Rights Commission (ahrchk@ahrchk.org)

Document Type : Urgent Appeal Case
Document ID : UA-116-2006
Countries : Sri Lanka,
Issues : Arbitrary arrest & detention,