SRI LANKA: Life of human rights defender under threat

Dear Friends,

S.C. Prasanka Fernando of No. 105, Independent Mawatha, Veyangoda, in Gampaha District, a human rights activist, and Sri Lankan Roman Catholic, who is an announcer by profession, underwent an ordeal at his residence on 05/02/2017. A group of police officers in civil attire, which included Sergeant Dissanayake and S.K. Dissanayake, Officer in Charge of the Crimes Investigation Unit (CIU), of the Malwathuhiripitiya Police Station, OIC crimes Sunil, and two other policemen from Veyangoda Police Station, entered Prasanka’s house forcefully at about 8:45 am in the morning. They verbally abused Prasanka and his wife and tried to arrest Prasanka after dragging him to the road outside his house, and all this without disclosing their identity and without disclosing the charge against him. Prasanka is now concerned for his and his wife’s security and the authorities have made no effort to investigate this incident, though he has submitted written complaints to the IGP and relevant authorities. This case illustrates how the Sri Lankan Police, while arresting people for suspected crimes, do not adhere to the Police Manual, and choose to willfully torture and harass suspects, abusing them mentally and physically with impunity.

CASE NARRATIVE:

The Asian Human Rights Commission has received updated information regarding the harassment and abuse of S.C. Prasanka Fernando resident of No. 105, Independent Mawatha, Veyangoda. Prasanka is a human rights activist, Sri Lankan Roman Catholic, and an announcer by profession, based in Veyangoda in Gampaha District. On 05.02.2017, at about 8.45 am policemen in civilian clothes abused and harassed him while trying to arrest him for a suspected crime.

Initially one policeman in civilian attire came and struck the main door of his house. Prasanka’s wife tried to respond by opening door and to her shock the policeman in civilian clothes forcefully entered the house, dragging her to a side, and proceeded to shout and abuse Prasanka who by then had come out of his room.

Prasanka asked the man about his identity, and from which police station he had come from? He asked regarfing the charge against him. Prasnka also informed the man that no police station had asked Prasanka to appear in front of the police and that there was no complaint against Prasanka. The policeman did not disclose his identity but he said that OIC Crimes was waiting outside Prasanka’s home. 
When the policeman then tried to drag Prasanka out of the house, Prasanka’s wife came to the rescue of her husband. She did not allow him to be taken out and then the policeman abused her in foul language and dragged her to a side and she got a severe blow to her chest.

When Prasanka tried amidst all this to contact a known lawyer of the area, the policeman took away Prasanka’s mobile into his custody. Somehow, Prasanka was able to get his mobile back and informed his known lawyer, and the police headquarters about the incident.

The policeman dragged Prasanka out of his house holding a pistol to his neck and took him to the adjoining road where Prasanka saw a car (CAM 4059) parked by the side of the road. He saw the other police officer who had come with the Sergeant.

Prasanka then repeatedly asked after their identity and after a lengthy argument, the other officer said that the one who entered his house was Sergeant Dissanayake. Similarly, the Sergeant said that the other officer was OIC, S.K. Dissanayake. Three other persons, including another officer in civil dress and a couple of others got down from the car and threatened Prasanka.

Looking at the car parked, a policeman shouted that “this lady has made a complaint against you, so I came to arrest you, abusing him more and more. Prasanka replied, “I have not been informed about this complaint by either the Malwathuhiripitiya or Veyangoda Police”.

Prasanka got frightened and thought that this situation could easily lead to his abduction.

In the meantime, three other police officers, all in civil attire, including OIC crimes, attached to Veyangoda Police Station alighted from a three-wheeler. These 3 officers again abused both Prasanka and his wife in foul language and dragged Prasanka back to his house, holding his neck, and threatened him.

Again, Prasanka spoke to his Attorney at law, to intervene. When the lawyer was speaking to the police officer named Sunil he stated that he is a lawyer and explained the due process and gave assurance that he will produce Prasanka at the Police Station, whenever they wanted his presence. The said officer abused the lawyer too by saying, “Do not interfere in this matter now, but do anything you can at the court house.” The policemen handcuffed one of Prasanka’s hands and dragged him to a three-wheeler.

Again the lawyer contacted the police party through Prasanka’s mobile phone and assured them that he would accompany the suspect to the Police Station if there were such a necessity. This time, they listened to the lawyer, removed his handcuffs and left the place.

Prasanka further states that he is not a criminal and that once he was employed for a short-while in a company named Ceylon Solar Power Private Ltd at Yakkala. This company installs solar panels in houses, and engages in corrupt business. He, Prasanka, had later opted to uncover (disclose) the details of this corrupt business to the public. Due to that grudge, the company had bribed the police to take action against him in revenge.

Prasanka has stated that due to threats and abuse by the police, him and his wife are frightened and they are now concerned for their security. The authorities have made no effort to investigate this incident though Prasanka has submitted written complaints to the IGP and relevant authorities. Prasanka has appealed for protection for himself and his wife and justice for the abuse of his fundamental rights.

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 abuse of two persons by police perpetrators, and the prosecution of those proven to be responsible under the criminal law of the country for misusing the powers of the 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 their powers. Please note that the AHRC is also writing a separate letter to the Special Rapporteur on the Situation of Human Rights Defenders in this regard.

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