SRI LANKA: A man is shot dead while in the police custody of Special Task Force

Dear friends,

The Asian Human Rights Commission (AHRC) has received information that a man was shot dead by police officers while in the custody of an officer attached to the Special Task Force (STF) of the Sri Lankan Police. He was arrested on 31 August 2010 and brought to Colombo. While travelling by police jeep along with some officers the victim was shot in the head by one of the police officers. Then victim was admitted to Minuwangoda hospital and transferred to General Hospital Gampaha where he succumbed to his injuries after a few hours. The fact that no proper investigation has been carried out yet is a denial of justice to the victim and his family. The case illustrates the exceptional collapse of the rule of law in the country.

CASE NARRATIVE:

According to the information we received Mr. Jayakody Arachchilage Oman Perera of No 22, Palle Kalley Janapadaya in Kurunegala was arrested at around 4.45 pm on Tuesday 31 August 2010, at his residence by police officers attached to the Special Task Force (STF). The police officers brought Jayakody by a police jeep from Kurunegala to Colombo. It was during this journey that one of the officers shot Jayakody apparently because he attempted to escape. He was shot inside the vehicle near the Japalawatta Industrial Zone junction in Minuwangoda. Jayakody was rushed to the Minuwangoda Hospital from where he was transferred to the Intensive Care Unit of the General Hospital, Gampaha. He died at the ICU at around 9.40 pm on the same day.

According to the police version the incident Jayakody was shot dead by the STF officer when he attempted to escape from their custody. The police stated that Jayakody was arrested on suspicion of involvement in a series of crimes including murder and drug related offenses.

Sadly this is another incident of the death of a suspect in police custody. It has been pointed out time and time again that the police are responsible for the safety of the suspect at all times. The STF are supposedly highly trained and efficient officers. They are considered the elite of the Sri Lankan Police Service. How then was it possible for these elite officers to be so lax in their duty so as to allow Jayakody the opportunity of escape? The safety of the suspect whilst in the custody of any branch of the Sri Lankan police is a non-transferable responsibility and deaths in custody is becoming frighteningly more common. The officers are legally bound to report the details on all development of the detainee while in police custody including his movements and well-being.

Many identical cases have been reported in Sri Lanka within the past few months. Ironically, according to the police reports every suspect who has been shot dead while in police custody, have all tried to escape. If this is indeed such a common danger why then has the Inspector General of Police not issued orders to all the officers under his command to guarantee their own safety by ensuring that the suspect is securely restrained? Another common incident is where the suspects attempt to escape while showing the police a stash of concealed weapons. Despite being surrounded and guarded by well trained and professional police officers they are able to locate a hand grenade which they then attempt to throw at the officers.

This is a scenario which has been used so frequently by the Sri Lankan police that it is now laughable. The officers, particularly those of the STF must have been aware of the danger, real or imagined that Jayakody posed. Why then did they not supervise his movements more closely? Why he was not handcuffed securely? According to Departmental Orders any suspect being arrested must be handcuffed to prevent his escape and ensure his safety and that of the officers.

The Officer-in-Charge of the STF detachment is responsible to protect all the detainees under this custody. Having reached this rank this officer alone should have the experience necessary to handle the situation. It is the non-transferable duty of the police to ensure the safety of any suspect under detention.

ADDITIONAL COMMENTS:

The Asian Human Rights Commission has reported innumerable cases of arbitrary arrest, detention, torture and extra judicial killings cases of citizens at the hands of the police which is illegal under international and local law and which have taken place at different police stations in the country over the past few years. The Asian Human Rights Commission has observed that the Sri Lankan police have used torture as an instrument to terrorize innocent persons and harass the public. Further, the country’s police are implementing a policy of eliminating criminals by killing them after arresting them without producing them to the court of law.

The Constitution of Sri Lanka has guaranteed the right freedom from torture. According to Article 11 of the Constitution ‘No person shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment’. Further, Article 13(4) “No person shall be punished with death or imprisonment except by order of a competent court, made in accordance with procedure established by law. The arrest, holding in custody, detention or other deprivation of personal liberty of a person, pending investigation or trial, shall not constitute punishment.” Further article 13 (5) guarantees the right of presumption of innocence until being proven guilty.

Furthermore, Sri Lanka has signed and ratified the International Covenant on Civil and Political Rights (ICCPR). Nevertheless the lack of protection offered to those who are willing to take cases against abusive police officers and the state authorities, means that the law is under-used continues to be employed as a tool by the police to harass people. This not only takes a long-term toll on the victim and his or her family, but on society as a whole, by the undermining of civilian respect for the law and encouraging impunity.

Furthermore, the Asian Human Rights Commission has continuously exposed the way the witness and the victims are getting harassed and on some occasions even killed to suppress the justice. Furthermore we have urged the State of Sri Lanka to adopt a law for the protection of witness protection.

SUGGESTED ACTION:
Please send a letter to the authorities listed below expressing your concern about this case and requesting an immediate investigation into the allegations extra judicial killings by the police perpetrators, and the prosecution of those proven to be responsible under the criminal law of the country. The officers involved must also be subjected to internal investigations for the breach of the department orders as issued by the police department.

The AHRC has also written a separate letter to the Special Rapporteur on Extra-judicial, Summary or Arbitrary Executions on this regard.

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