SRI LANKA: The Officer-In-Charge and police officers of Chilaw Police Station trespassed and stole from an innocent family and are pressuring the family against pressing charges 

Dear friends,

The Asian Human Rights Commission (AHRC) has received information that two police officers, one of whom was an Officer-in-Charge (OIC) of the Chilaw Police Station, broke into the home of an innocent family and stole a mobile phone, gold necklace, three-wheeler and Rs. 15,000. The owner of the house, Mr. Sebastian, filed a complaint with the Assistant Superintendent of Police (ASP) and the Police Headquarters in Colombo. In response, the ASP and OIC offered to return his stolen goods, and asked that he not press charges against them. The case has been reported to the Human Rights Commission of Sri Lanka (HRCSL) but a credible, independent investigation has yet to be initiated. This case is yet another illustration of the exceptional collapse of the rule of law in the country.

CASE NARRATIVE:

According to information that the Asian Human Rights Commission (AHRC) has received, Mr. Warnakulasuriya Sebastian Fernando (47) of Divul Watte, Mukunuwatana in Putalam District was robbed by two local police officers. Mr. Sebastian is married and he is the father of four children. He works as a three wheeler driver. On March 24 at around 7:45 pm, Mr. Sebastian went to the funeral of his neighbour Mr. Sunil, with his wife and four children. When they returned to their home at around 3am, they discovered their house had been ransacked, and that Mr. Sebastian’s three-wheeler had been stolen. When Mr. Sebastian and his wife searched the house, they found that a mobile phone, gold necklace and Rs. 15,000 had been stolen. They noted that the front door of the house was broken, and that the doors of a cabinet and a cupboard were broken and the articles that were inside were misplaced. The mattresses had been removed from the bedframes.

Mr. Sebastian learnt from a neighbour that the Officer- in- Charge (OIC) of the Chilaw Police Station, Manoj Ranagala, and a police officer named Madurasinghe visited and entered his residence. Mr. Sebastian was also told that these officers had visited the residence of Mr. Sebastian’s brother, Mr. Anthony Fernando, allegedly to search for illicit liquor. Mr. Anthony was tortured in his residence, and was then brought to the Chilaw Police Station. When Mr. Sebastian visited Mr. Anthony, Mr. Anthony told his brother that his three-wheeler had been taken to the Chilaw Police Station by the police officers.

Mr. Sebastian wanted to make a complaint against the police officers who he believed had stolen goods from his home, but was afraid of reporting the case at the Chilaw Police Station. Instead, on March 26, Mr. Sebastian lodged a complaint with the Police Headquarters in Colombo. On March 27, he lodged another complaint with H.D.S Sandanayaka, the Assistant Superintendent of Police (ASP) of Chilaw regarding the trespass and robbery at his residence.

The next day, the ASP telephoned Mr. Sebastian and asked him to pick up the three-wheeler from the Chilaw Police Station. On March 29, the ASP asked Mr. Sebastian to bring his children to the police station so that the police could record their statements. While the children were giving their statements, the ASP called OIC Ranagala to the room and asked him to return the three-wheeler to Mr. Sebastian. He also told the OIC not to intimidate or harass Mr. Sebastian further.

Later that day, OIC Ranagala called Mr. Sebastian into another room, and told him that he would return the three-wheeler, gold necklace, mobile phone and entire sum of the money that the officers had taken, so long as he did not bring legal proceedings against him. He asked Mr. Sebastian to withdraw the complaint he had made to the ASP’s office and to the Police Headquarters in Colombo. .

Mr. Sebastian did not accede to this request. On April 11 at around 5pm, the ASP telephoned Mr. Sebastian and said that since a tsunami warning had been hoisted, Mr. Sebastian should take his three-wheeler back. Mr. Sebastian did so. The rest of the property and money that had been taken from him was not returned.

Soon after, Mr. Sebastian filed a complaint with the Human Rights Commission of Sri Lanka (HRCSL) regarding the violation of his and his family members’ fundamental rights by the OIC and other police officers of the Chilaw Police Station.

Despite the filing of these complaints, neither the HRCSL nor the Police Headquarters have initiated an investigation into this case so as to bring justice to Mr. Sebastian and his family. Mr. Sebastian and his family demand that their fundamental rights that are enshrined in Sri Lanka’s Constitution and in international law be appropriately respected.

ADDITIONAL COMMENTS:

The Asian Human Rights Commission has reported innumerable cases of crimes committed by the Sri Lankan police. These crimes, which have taken place at different police stations across the country, are illegal under local and international law.

The Inspector General of Police (IGP) is the head of the police department of Sri Lanka, and is responsible for the command and conduct of his junior officers. The IGP is obliged to investigate the crimes committed by civilians as well as officers within his department, and report all cases to the criminal court of the country. Further, the Attorney General of Sri Lanka is suppose to file indictments in cases where credible evidence has been found that grievous crimes have been committed. The Asian Human Rights Commission has observed that the law of the country is not being implemented by law enforcement officers on numerous occasions. .

Moreover, the Asian Human Rights Commission has observed that police officers and many other law enforcement officers are directly involved with the breaching of laws in broad daylight. This indicates the deplorable state of the rule of law in Sri Lanka.

The National Police Commission of Sri Lanka is constitutionally responsible for observing the conduct and discipline of the police department. Further, the National Police Commission has been given the power to take action against police officers who have committed crimes and breached international codes of disciplinary conduct. In spite of these significant responsibilities, the Asian Human Rights Commission has repeatedly observed that the NPC is lethargic in its approach towards protecting the country’s constitutional duties.

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 of illegal trespass, steeling properties by the police perpetrators, and the prosecution of those proven to be responsible under the criminal law of the country for misusing powers of a state. The officers involved must also be subjected to internal investigations for the breach of the department orders as issued by the police department. Further, please also request the NPC and the IGP to have a special investigation into the malpractices of the police officers for abusing the state officers’ powers.

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