SRI LANKA: Denial of prosecuting the police officers responsible for killing of FTZ worker destroys faith in the country’s legal system

Dear friends, 

Mr. Roshan Chanaka Rathnasekara (22) of Gal-Oluwa, Minuwangoda in the district of Gampaha, succumbed to his injuries on 1 June 2011 as a result of gunshot injuries received in the indiscriminate shooting by the police officers attached to the Negombo and Seeduwa Police Stations. The Sri Lanka police opened fire at the workers who gathered on 29 May, 2011 while they were protesting the government’s introduction of the new Private Sector Pensions Bill. Without prior warning the police opened fire on the workers. The injured were not provided speedy medical assistance and Roshan died later in hospital due to loss of blood. Only two police officers were arrested and no steps have been taken to prosecute them. While compensation is being offered to the victim’s family this must in no way compromise the prosecution of the guilty. This case is yet another illustration of the exceptional collapse of the rule of law in the country. 

CASE NARRATIVE: 

According to the information that the Asian Human Rights Commission (AHRC) has received Mr. Roshan Chanaka Rathnasekara (22) of Gal-Oluwa, Minuwangoda in the district of Gampaha, succumbed to his injuries on 1 June 2011 as a result of gunshot wounds received when police officers attached to the Negombo and Seeduwa Police Stations opened fire on a group of protesters and others who were not involved in the demonstration. 

After completing his school education Roshan joined a company inside the Free Trade Zone (FTZ) in Katunayake in January 2011. The Katunayake FTZ is situated in the Gampaha District on 190 hectares of land and there are about 84 factories on the land employing 50,000 workers. 

On 30 May 2011, about 600 persons gathered within the FTZ protesting the “Employees’ Pension Benefits Fund Bill”. Hundreds of police officers, mainly from the Negombo and Seeduwa Police Stations, were present in the area and at around 12.03 pm, the officers attempted to disperse the crowd by using tear gas. This was done without any warning against peaceful protesters. 

When the workers attempted to flee the police officers, armed with guns and iron poles charged the FTZ workers. Some officers threw stones and other unidentified objects at them. Some of the workers were critically injured and warded at various hospitals. During the melee the police opened fire and witnesses have testified that there was no reason for the police to use live ammunition as the protesters were actually dispersing at the time of the shooting. It was also noted that the police used deadly force and did not fire warning rounds as was required of them. 

After the police opened fire at the gathered workers they forcefully entered the FTZ and broke open several company gates. They then entered those companies and started to shoot the workers inside. Roshan was among those injured and it must be highlighted at this point that none of the workers who were inside the companies had taken part in the demonstration. 

During the death inquest held before the Magistrate of Negombo in giving evidence the Negombo Assistant Superintendent of Police (ASP) Adikari Wijayananda Silva of Negombo, stated that Roshan’s death was a result of the shooting by the police. 

As a result of this collective and massive assault by hundreds of police officers more than 300 workers were severely injured. Out of those injured some were admitted to the Negombo Base Hospital and other more seriously injured workers were then transferred to the Ragama Teaching Hospital. Among the injured eight workers were found to be in critical condition and were admitted to the Intensive Care Unit (ICU) of the hospital. Roshan was among them. 

The shooting was not the result of indiscriminate firing by any one officer. The Deputy Inspector General (DIG) of the range and the two Senior Superintendents of Police (SSP) along with several ASPs were present. The shooting and the subsequent killing of Roshan occurred under the close supervision of these senior officers. 

After the shooting the injured workers were brought to the Kesselwatte Police Station. They, with Roshan amongst them, were kept in the police compound without being afforded medical assistance. The denial of medical assistance to an injured prisoner or suspect constitutes torture under the laws of the country. 

Roshan underwent several surgeries in an attempt to save his life but by 7.30pm of 1 June 2011 he succumbed to his injuries. When announcing his death the doctors further detailed that the gunshots in the hip area had caused massive damage to the internal organs. The doctors further explained that Roshan died due to severe hemorrhaging. 

Apart from the unjustified shooting the conduct of the police officers violated the legitimate right to the worker’s freedom of expression, freedom of speech and freedom of peaceful assembly as well as their right to freedom from torture and arbitrary arrest. 

It was only due to the heavy internal and external pressure from different parts of the word and peoples’ forums that the Inspector General of Police (IGP) accepted responsibility for the incident and announced that he was withdrawing from his service. (He was later given the post of Ambassador to Brazil, hardly a punishment posting). 

Several days later only two police officers, the Officer-in-Charge (OIC) of Seeduwa, Chief Inspector R M Rathnayaka and the OIC of the Environmental Unit of the same police station Inspector of Police (IP) RPKL Ranasinghe were arrested by the Criminal Investigation Division (CID) of the Sri Lanka Police. They were produced before the Magistrate of Negombo and remanded. 

The case was taken up on 15 August 2011 for consideration of the bail applications filed by the two police officers. The Magistrate transferred the matter to the High Court of Negombo for further consideration. When on 18 August the matter was taken up the High Court Judge enlarged both officers on bail. 

The act of murdering a person and causing serious injuries to many others by indiscriminate discharge of weapons constitutes crimes under the Penal Code of Sri Lanka. Legally suspects arrested for committing murder cannot be enlarged by a Magistrate. Even the High Court cannot enlarge a suspect arrested for committing murder until the investigation into the case is concluded. Further, if the matter received a high degree of public interest this should also have been considered by the deciding judge. 

In this particular matter several thousand workers, trade unions of the country and civil rights movements, nationally and internationally paid attention from the very beginning of this case. They all collectively raised their voices seeking justice for the victims (For further photo of protest, please see here). 

However, as is customary in Sri Lanka the state’s law enforcement authorities have not shown any interest in carrying out a credible investigation. Further still, the state has not arrested all the responsible police officers who took part in the incident. These are the DIG, SSPs, ASPs and OICs who were at the scene of crime and who guided and supervised the shooting which caused the killing and injury. 

Later the Presidential Secretariat announced that Roshan’s family would be granted Rs. one million in compensation. However, Roshan’s family have categorically stated that this compensation must in no way compromise the responsibility of the state to prosecute the guilty parties. 

Due to the unwillingness of the police to take action against their own and the failure of the state to bring them into conformity with international norms justice has been denied to the victims and their families. 

ADDITIONAL COMMENTS: 

The Asian Human Rights Commission has reported innumerable cases of extra judicially killing the citizen and 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 extrajudicial killing 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 extrajudicial, summary or arbitrary executions on this regard. 

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