SRI LANKA: Arbitrary arrest and harassment of a man by the Ingiriya police 

ASIAN HUMAN RIGHTS COMMISSION - URGENT APPEALS PROGRAMME

Urgent Appeal Case: UA-234-2006
ISSUES: Arbitrary arrest & detention,

Dear friends,

The Asian Human Rights Commission (AHRC) has received information regarding the illegal arrest and detention of a man named Saman Rohana Manawadu by the Ingiriya police. Mr. Manawadu was arrested and his van was confiscated due to the police’s claim that his van was a stolen vehicle and used in a murder. The next day, after his father brought all documents pertaining to the vehicle, he was released on bail. The victim insists that he was illegally detained and harassed by SI Chandana and the Ingiriya police because he rejected SI Chandana’s previous request to use his vehicle for personal errands.

At about 7:30pm on 28 June 2006, Mr. Saman Rohana Manawadu, a 39-year-old trader from Nugadanda, Ingiriya, Sri Lanka was traveling in his van (No. JA8412) when he was stopped by Sub-inspector Chandana and another policeman from the Ingiriya police station. The police told Mr. Manawadu that they received a ‘message’ that the van was a stolen vehicle. At that time, the two policemen were in civilian clothes. Mr. Manawadu showed his driver license and insurance papers to the police to prove that the vehicle was legally possessed by him. The police also could not find anything suspicious inside the vehicle. However, they still arrested Mr. Manawadu and took his vehicle to the Ingiriya police station where the victim was detained.

About one hour later, Mr. Manawadu’s father arrived at the police station with all documents pertaining to the van. Very strangely the police further claimed that the vehicle was suspected of being used in a murder case. The officers then requested a clearance from the Registrar of Motor Vehicle (RMV) department to hold the van. As a result, Mr. Manawadu was detained at the police lock-up overnight.

The next day (June 29), Mr. Manawadu’s father returned to the police station and managed to release Mr. Manawadu on bail. They also obtained an order sheet from the Officer-in-Charge (OIC) of the Ingiriya police station for the release of the vehicle. But the police dragged their feet in releasing the vehicle and only did so at about 5:30pm. At the time, the police also forced Mr. Manawadu to sign a statement without showing its contents.

According to Mr. Manawadu, he believes that he was illegally detained and harassed by SI Chandana and the Ingiriya police because he rejected SI Chandana’s request to use his vehicle for personal errands about six months earlier. Although Mr. Manawadu admits that he had obliged the request in the past, he later became unwilling to continue the practice. He further said that SI Chandana had made the same request on several previous occasions and was again denied the use of his vehicle. Mr. Manawadu believes that SI Chandana is harassing him to seek revenge over the matter.

In Sri Lanka, the police are notorious for misusing their authority for personal reasons. For example, the AHRC has previously reported on the case of the brutal torture of two young men, who simply requested that the police, who allegedly took their motorcycle without informing them, return their motorcycle (See further: UA-136-2005UP-97-2005UP-98-2005 and UP-113-2006). In another case, family members were allegedly assaulted by the Saliyawewa police in May 2006 because they failed to pay a bribe that was directed towards them (See further UA-149-2006). The Sri Lankan government must establish strict discipline within the police force to stop such crimes on ordinary people.

SUGGESTED ACTION:
Please send letters to the relevant persons listed below and raise your concern regarding this case.

To support this appeal, please click: 

 

 

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

SAMPLE LETTER

Dear ____________,

SRI LANKA: Arbitrary arrest and harassment of a man by the Ingiriya police

Name of the victim: Saman Rohana Manawadu, aged 39, married with two children, a trader by occupation, resides in Nugadanda, Ingiriya, Sri Lanka
Alleged Perpetrators: Sub Inspector Chandana and other policemen attached to the Ingiriya police station
Date of incident: 28-29 June 2006

I am writing to bring to your attention the alleged arbitrary arrest and detention of the man mentioned above by the Ingiriya police on 28-29 June 2006.

According to the information I have received, the victim was arrested by Sub Inspector Chandana and another policeman from the Ingiriya police station when he was traveling with in vehicle on June 28. The police claimed that they were informed that the vehicle was stolen. Even though the victim showed his drivers license and insurance papers to prove that the vehicle was legally possessed by him, the police arrested the victim and took his vehicle to the Ingiriya police station where he was detained overnight.

The next day (June 29), he was released on bail after the police forced him to sign a statement which he did not know anything about. The victim also claims that the police deliberately delayed releasing his vehicle despite an order from the Officer-in-Charge of the police station.

The reason for the victim’s arbitrary arrest and harassment is very disturbing. According to the victim, he was illegally detained by SI Chandana and the Ingiriya police because he had rejected SI Chandana’s request to use his vehicle for personal errands about 6 months earlier. Although Mr. Manawadu admits that he had obliged the request in the past, he later became unwilling to continue the practice. The victim therefore believes that SI Chandana is harassing him to seek revenge over the matter.

I therefore urge you to order a proper inquiry into this case and take disciplinary action against SI Chandana and the others responsible for the illegal arrest and detention of the victim. I also urge you to ensure that adequate compensation is provided to the victim for the violation of his fundamental rights. I again urge the government of Sri Lanka to fulfill its commitment to the ICCPR as well as the Convention against Torture and strengthen the National Police Commission and the Human Rights Commission of Sri Lanka so that such crimes are no longer committed by the country’s law enforcement officers.

Yours truly,

—————

SEND YOUR LETTERS TO:

1. Mr. Chandra Fernando
Inspector General of Police
New Secretariat
Colombo 1
SRI LANKA
Fax: +94 11 2 440440/327877
Email: chandralaw@police.lk

2. Mr. K. C. Kamalasabesan
Attorney General
Attorney General’s Department
Colombo 12
SRI LANKA
Fax: +94 11 2 436421
Email: attorney@sri.lanka.net

3. Secretary
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. Secretary
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

5. 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 9179016 (general)

Thank you.

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

Document Type : Urgent Appeal Case
Document ID : UA-234-2006
Countries : Sri Lanka,
Issues : Arbitrary arrest & detention,