Dear friends,
The Asian Human Rights Commission (AHRC) has received information that when Ms. Warnakulasuriya Tresa Dorin Marcus tried to make a complaint to the officers of the Pamunugama Police Station that her son-in-law was in possession of an illegal weapon the officers sided with the culprit and verbally and physically abused her. Working under pressure from the Police Head Quarters in Colombo the Pamunugama police officers searched Dorin’s house for the weapon but she believes that acting on a tip off from the officers her son-in-law concealed the pistol. Dorin has now been charged with a false case and seeks justice for the violation of her rights. This case is yet another illustration of the exceptional collapse of the rule of law in the country.
CASE NARRATIVE:
Ms. Warnakulasuriya Tresa Dorin Marcus (45) of No: 721/D/02, Main Road, Pubudugama, Uswetakeiyawa in Gampaha District is the mother of 2 children. She holds National Identity Card No. NIC No676812210 V. Her eldest daughter, W B Manavee Sulochana, was married to K A P Kumara, an Ordinary Seaman of the Sri Lanka Navy and attached to the Navy Camp at Rajanganaya, Kala Oya in Anuradhapura District. His service number is LL/LR 89502. Dorin’s daughter, Sulochana and her son- in-law, Kumara were residing at her house when the daughter gave birth to her son on April 26, 2012.
When Sulochana was expecting their child her husband Kumara came to house on leave three times. When Kumara was at home on the third occasion, on 3 August 2012, his sister, Manel Priyadarshani came to meet him and complained that Dorin’s sister, Winepreeda Marcus was causing trouble. Upon hearing this Kumara went into their room and took a pistol which was concealed under the mattress of the bed which he then loaded.
He then tried to leave the house with the pistol stating that “This woman does something every day, and I must finish this woman”. Dorin tried to prevent him knowing the danger that could happened. However, Kumara scolded Dorin and left. Then Dorin phoned the navy camp where Kumara was attached and informed an officer about the firearm. She asked the officer to take immediate action to take this firearm into their custody otherwise something dangerous could happen. Dorin was instructed to go the nearest police station, and make a complaint as they have not issued any official weapon to him and that it was probably an illegal weapon. Accordingly Dorin went to the Pamunugama Police Station to make a complaint and explained the details about her case.
Then she observed that that officer informed a Sub Inspector (SI) in the station about the complaint. The SI called Dorin and informed her that her daughter and son-in-law, Kumara had come to the police station earlier and made a complaint against her. She was told that there was no need to make any further complaint and started to shout at her, accusing her that she was making false complaints against them.
Dorin understood that these police officers were acting in a biased manner and working against her to fulfill the whims and fancies of her son-in-law. Then the SI ordered Dorin to go to the Officer-in-Charge (OIC) of the police station. Then she followed him and went the OIC’s office in the Pamunugama Police Station. Later Dorin learned that the OIC’s name was Inspector of Police (IP) Priyanath. The OIC started to shout at Dorin accusing her of attempting to make a false complaint. Then Dorin tried to explain to the OIC that she was making the complaint following the advice of the officers of the Navy Camp where her son-in-law is attached. She further explained to the OIC that she herself saw the weapon and she verified the fact that the Navy Camp had not authorized him to keep a weapon in his possession. She further explained to the OIC that her son-in-law tried to use that weapon to commit a crime and she was afraid. That is the reason for making a complaint.
However, the OIC continued to shout at Dorin using obscene language. Dorin felt that she was humiliated and treated in a degrading manner. The OIC warned her not to make any such kind of complaint to his police station and physically kicked her out of the station. She then returned home.
The same day she went to the Police Head Quarters in Colombo and made a complaint to the officers on duty there. Her complaint was recorded with the reference of CIB ii- 102/ 28 in the Police Headquarters. In that she clearly mentioned that she was verbally and physically abused by the police officers of Pamunugama Police Station and that they had refused to accept her complaint.
The officers at Police Head Quarters advised her to return to the Pamaunugama Police Station and inform the officers of that station that they have to accept her complaint. Accordingly she returned to the Pamunugama Police Station and this time IP Piyanath accepted the complaint. Further IP Priyanath along with a few police officers went to Dorin’s house and searched for the weapon. However, before searching for the weapon they did not have any search warrant or informed the matter to any court of law.
Dorin firmly believes that the officers at Police Head Quarters communicated her complaint to the OIC at Pamunugama and that is why they suddenly became so helpful. Then the officers told Dorin that they were not able to find any weapon and they all returned to the police station again. At the station Dorin observed that her daughter and her son-in-law were both there and the officers were recording a statement from her daughter. Dorin believes that the officers informed her son-in-law about their visit before hand and further informed him to take precautions to prevent any arrest for possession of an illegal weapon.
The police produced her daughter and the son-in-law before the Magistrate of Wattala and as the police officers did not make any request or objection the Magistrate immediately granted them bail.
Further Dorin observed that police did not accuse them for possession of an illegal weapon or any related crime so Dorin believes that the police misled the court and ignored the police investigation into the original complaint that she made. She further states that the police provided impunity to her son-in-law. Later Dorin learned that the OIC of the Pamunugama Police Station filed a case against her as well but she does not know actual charges of that case. She states that she has never committed any crime and that the police officers denied her right to have an investigation into the crime and thereby denying her of justice. She further states that police used their official powers to protect her son-in-law and mislead the court. She appeals for justice and seeks that the authorities implement the rule of law.
ADDITIONAL COMMENTS:
The Asian Human Rights Commission has reported innumerable cases of torturing innocent by the Sri Lankan police which are illegal under international and local law which have taken place at different Police Station in the country over the past few years.
The State of Sri Lanka sign and ratified the CAT on 3 January 1994. Following state obligations Sri Lanka adopted Act number 22 of 1994 the law adopted by the Sri Lankan parliament making torture a crime that can be punishable for minimum seven years and not less than ten years on being proven guilty. The Attorney General of Sri Lanka is suppose to file indictments in the case where credible evidence were found on torturing people by state officers.
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 denying investigation and torturing 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.
Please note that the AHRC has also written a separate letter to the Special Rapporteur on Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment on this regard.
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SAMPLE LETTER
Dear ________,
SRI LANKA: An innocent woman was physically and verbally abused by the Pamunugama Police who sided with the culprit of her complaint
Name of the victim: Ms. Warnakulasuriya Tresa Dorin Marcus (NIC No676812210 V), of No: 721/D/02, Main road, Pubudugama, Uswetakeiyawa in Gampaha District
Alleged perpetrator: IP Priyanath the OIC of the Pamunugama Police Station
Date of incident: 3 August 2012
Place of incident: Pamunugama Police Station
I am writing to express my serious concern over the case of Ms. Warnakulasuriya Tresa Dorin Marcus, a 45-year-old woman, who complained to the police about a possession of illegal arms and became a victim of police harassment. The case does not reflect that the police are professionally committed to uphold the law with commitment. I demand prosecution of the police officers not only for ignoring their duty but also for abusing their police-power against an innocent woman, who suffered atrocities for accomplishing her civil responsibility as a conscious and law-abiding citizen of the country.
According to the information, Ms. Warnakulasuriya Tresa Dorin Marcus, a resident of No: 721/D/02, Main Road, Pubudugama, Uswetakeiyawa in Gampaha District. Dorin is the mother of 2 children and holds National Identity Card No. NIC No676812210 V. Her eldest daughter, W B Manavee Sulochana, was married to K A P Kumara, an Ordinary Seaman of the Sri Lanka Navy and attached to the Navy Camp at Rajanganaya, Kala Oya in Anuradhapura District. His service number is LL/LR 89502. Dorin's daughter, Sulochana and her son- in-law, Kumara were residing at her house when the daughter gave birth to her son on April 26, 2012.
When Sulochana was expecting their child her husband Kumara came to house on leave three times. When Kumara was at home on the third occasion, on 3 August 2012, his sister, Manel Priyadarshani came to meet him and complained that Dorin's sister, Winepreeda Marcus was causing trouble. Upon hearing this Kumara went into their room and took a pistol which was concealed under the mattress of the bed which he then loaded.
He then tried to leave the house with the pistol stating that "This woman does something every day, and I must finish this woman". Dorin tried to prevent him knowing the danger that could happened. However, Kumara scolded Dorin and left. Then Dorin phoned the navy camp where Kumara was attached and informed an officer about the firearm. She asked the officer to take immediate action to take this firearm into their custody otherwise something dangerous could happen.
Dorin was instructed to go the nearest police station, and make a complaint as they have not issued any official weapon to him and that it was probably an illegal weapon. Accordingly Dorin went to the Pamunugama Police Station to make a complaint and explained the details about her case. Then she observed that that officer informed a Sub Inspector (SI) in the station about the complaint. The SI called Dorin and informed her that her daughter and son-in-law, Kumara had come to the police station earlier and made a complaint against her. She was told that there was no need to make any further complaint and started to shout at her, accusing her that she was making false complaints against them.
Dorin understood that these police officers were acting in a biased manner and working against her to fulfill the whims and fancies of her son-in-law. Then the SI ordered Dorin to go to the Officer-in-Charge (OIC) of the police station. Then she followed him and went the OIC's office in the Pamunugama Police Station. Later Dorin learned that the OIC's name was Inspector of Police (IP) Priyanath. The OIC started to shout at Dorin accusing her of attempting to make a false complaint. Then Dorin tried to explain to the OIC that she was making the complaint following the advice of the officers of the Navy Camp where her son-in-law is attached. She further explained to the OIC that she herself saw the weapon and she verified the fact that the Navy Camp had not authorized him to keep a weapon in his possession. She further explained to the OIC that her son-in-law tried to use that weapon to commit a crime and she was afraid. That is the reason for making a complaint.
However, the OIC continued to shout at Dorin using obscene language. Dorin felt that she was humiliated and treated in a degrading manner. The OIC warned her not to make any such kind of complaint to his police station and physically kicked her out of the station. She then returned home. The same day she went to the Police Head Quarters in Colombo and made a complaint to the officers on duty there. Her complaint was recorded with the reference of CIB ii- 102/ 28 in the Police Headquarters. In that she clearly mentioned that she was verbally and physically abused by the police officers of Pamunugama Police Station and that they had refused to accept her complaint.
The officers at Police Head Quarters advised her to return to the Pamaunugama Police Station and inform the officers of that station that they have to accept her complaint. Accordingly she returned to the Pamunugama Police Station and this time IP Piyanath accepted the complaint. Further IP Priyanath along with a few police officers went to Dorin's house and searched for the weapon. However, before searching for the weapon they did not have any search warrant or informed the matter to any court of law.
Dorin firmly believes that the officers at Police Head Quarters communicated her complaint to the OIC at Pamunugama and that is why they suddenly became so helpful. Then the officers told Dorin that they were not able to find any weapon and they all returned to the police station again. At the station Dorin observed that her daughter and her son-in-law were both there and the officers were recording a statement from her daughter. Dorin believes that the officers informed her son-in-law about their visit before hand and further informed him to take precautions to prevent any arrest for possession of an illegal weapon.
The police produced her daughter and the son-in-law before the Magistrate of Wattala and as the police officers did not make any request or objection the Magistrate immediately granted them bail.
Further Dorin observed that police did not accuse them for possession of an illegal weapon or any related crime so Dorin believes that the police misled the court and ignored the police investigation into the original complaint that she made. She further states that the police provided impunity to her son-in-law. Later Dorin learned that the OIC of the Pamunugama Police Station filed a case against her as well but she does not know actual charges of that case.
Dorin states that she has never committed any crime and that the police officers denied her right to have an investigation into the crime and thereby denying her of justice. She further states that police used their official powers to protect her son-in-law and mislead the court. She appeals for justice and seeks that the authorities implement the rule of law.
I request your urgent intervention to ensure that the authorities listed below instigate an immediate investigation into the allegations denying the investigation and torture by the police perpetrators, and the prosecution of those proven to be responsible under the criminal law of the country for misusing powers of state officers and for wrongful prosecution. The officers involved must also be subjected to internal investigations for the breach of the department orders as issued by the police department.
Yours sincerely,
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PLEASE SEND YOUR LETTERS TO:
1. Mr. N K Illangakoon
Inspector General of Police
New Secretariat
Colombo 1
SRI LANKA
Fax: +94 11 2 440440 / 327877
E-mail: igp@police.lk
2. Mr. Sarath Palith Fernando
Attorney General
Attorney General's Department
Colombo 12
SRI LANKA
Fax: +94 11 2 436421
E-mail: ag@attorneygeneral.gov.lk
3. 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: npcgen@sltnet.lk or polcom@sltnet.lk
4. Secretary
Sri Lanka Human Rights Commission
No. 108
Barnes Place
Colombo 07
SRI LANKA
Tel: +9411 2694925, +9411 2685980, +9411 2685981
Fax: +9411 2694924 (General) +94112696470 (Chairman)
E-mail: sechrc@sltnet.lk
Thank you.
Urgent Appeals Programme
Asian Human Rights Commission (ua@ahrc.asia)
