Dear Friends,
Mr. Warnakula Patabandige Lionel Emmanuel Perera (NIC No: 502892606 V) of No: 444/4, Faris Perera Mawatha, Ja-Ella in the Gampaha District was illegally arrested and detained. On 21 December 2016 he was produced before the Negombo Magistrate on trumped up charges by police attached to the Ja-Ella Police Station. Lionel is a three-wheeler driver in Ja-Ella. On 21 December 2016, he agreed and then refused to drive a police officer without knowing his identity. He faced subsequent illegal charges by police out for revenge. The Victim seeks justice.
Case Narrative:
The Asian Human Rights Commission has received information regarding Mr. Warnakula Patabandige Lionel Emmanuel Perera (NIC No: 502892606 V) of No: 444/4, Faris Perera Mawatha, Ja-Ella in the Gampaha District. He stated that he was illegally arrested, detained and produced before the Negombo Magistrate on fabricated charges by police attached to the Ja-Ella Police Station.
Lionel is 67 years old, married and working as a driver. He owns a three-wheeler (registered number Y F 7162), and provides hiring services for people. He provides this service while using the three-wheeler parking station at Ja-Ella town.
On 21 December 2016, as he was waiting at the three-wheeler park for a hire, a person in civilian clothes approached him and requested his service. He agreed on the terms to provide service. He was requested by the client to take him to the pawn center called ‘Madumala’ in Ja-Ella. He then showed Lionel several Rs.100 notes and informed him that he needed to go on another trip and questioned whether he was available. Lionel said that he cannot fill his request. He had already agreed to pick up a child from a private class and bring him home. The unidentified person then left. Lionel took care of his next trip, returned home for a siesta before continuing his work for the day at the three-wheeler park.
Sometime later, the mystery man approached him and started shouting, using foul language. He asked Lionel whether he knew his personal details. Lionel said he did not. Lionel explained that he is not concerned about a client’s details once he has provided service. He then warned Lionel that very soon he will show how influential he is and left. Lionel explained, that he not did not wrong him, other than refusing a second trip as he had a previously scheduled trip.
After the man left the park, several colleagues told him that he is Mr. Malith, a police constable attached to the Ja-Ella Police Station. Presently he has been prohibited from service. Several minutes later, a uniformed police officer approached. Immediately Lionel identified the person as the one who shouted at him. He noticed that he directed another police officer to Lionel, giving him further directions. Lionel was ordered to hand over his waist belt, wrist watch, and purse to colleagues and follow him to the Ja-Ella Police Station.
At the police station, he was put into a cell but not given any reason for his arrest. He was not shown any complaint or statement against him. The officer who ordered his incarceration in a cell was identified as Mr. Rajapsksha, Officer-in-Charge (OIC) of the Crime Branch.
He learned that his daughter and son-in-law came to visit him at the police station but were not allowed to see him by OIC Rajapaksha. He was also falsely accused of assaulting a police officer, breaking several of his teeth and taking his money. Lionel states that all these accusations are baseless and fabricated. They are made up charges so that they could file a case against him and prosecute him. It is revenge on him for not driving Mr. Malith on a second trip.
On 23 December 2016, at 1pm he was taken out of his cell and ordered to sign a document prepared by police officers. Lionel, who was in fear of his life and further revenge by police officers, simply followed what they advised. Later he was brought to the Negombo Magistrate’s Court. After producing him before the magistrate, police accused him of robbing Rs. 13, 700/= from the officer and intimidating him. Lionel vehemently denied the accusations. However, he was not able to get any legal assistance. The magistrate released him on bail.
Lionel states that he was illegally arrested, detained and produced before the courts on fabricated charges. He states that police officers have violated his fundamental rights guaranteed by the Constitution. He seeks justice.
Suggested Action:
Please send a letter to the authorities listed below expressing your concern about this case. Request an immediate investigation into the allegations of illegal arrest, detaining and filing fabricated charges by the police. Those proven to be responsible under criminal law must be prosecuted for misusing the powers of the state. The officers involved must be subject to an internal investigation for breach of Police Departmental Orders. Kindly request the NPC and the IGP to set up a special investigation into the malpractices of police officers who abuse their power.
To support this case, please click here: SEND APPEAL LETTER
SAMPLE LETTER
Dear ________,
SRI LANKA: Three-wheeler driver (67) harassed by Ja- Ella Police for not providing service
Name of Victim: Mr. Warnakula Patabandige Lionel Emmanuel Perera (NIC No: 502892606 V) of No: 444/4, Faris Perera Mawatha, Ja-Ella in the Gampaha District
Alleged perpetrators: Officers attached to the Ja-Ella Police Station
Date of incident: 21 December 2016
Place of incident: Ja-Ella Police Division
According to the information I have received Mr. Warnakula Patabandige Lionel Emmanuel Perera (NIC No: 502892606 V) of No: 444/4, Faris Perera Mawatha, Ja-Ella in the Gampaha District has stated that he was illegally arrested, detained and produced before the Negombo Magistrate on fabricated charges by police attached to the Ja-Ella Police Station.
Lionel is 67 years old, married and working as a driver. He owns a three-wheeler (registered number Y F 7162), and provides hiring services for people. He provides this service while using the three-wheeler parking station at Ja-Ella town.
On 21 December 2016, as he was waiting at the three-wheeler park for a hire, a person in civilian clothes approached him and requested his service. He agreed on the terms to provide service. He was requested by the client to take him to the pawn center called ‘Madumala’ in Ja-Ella. He then showed Lionel several Rs.100 notes and informed him that he needed to go on another trip and questioned whether he was available. Lionel said that he cannot fill his request. He had already agreed to pick up a child from a private class and bring him home. The unidentified person then left. Lionel took care of his next trip, returned home for a siesta before continuing his work for the day at the three-wheeler park.
Sometime later, the mystery man approached him and started shouting, using foul language. He asked Lionel whether he knew his personal details. Lionel said he did not. Lionel explained that he is not concerned about a client’s details once he has provided service. He then warned Lionel that very soon he will show how influential he is and left. Lionel explained, that he not did not wrong him, other than refusing a second trip as he had a previously scheduled trip.
After the man left the park, several colleagues told him that he is Mr. Malith, a police constable attached to the Ja-Ella Police Station. Presently he has been prohibited from service. Several minutes later, a uniformed police officer approached. Immediately Lionel identified the person as the one who shouted at him. He noticed that he directed another police officer to Lionel, giving him further directions. Lionel was ordered to hand over his waist belt, wrist watch, and purse to colleagues and follow him to the Ja-Ella Police Station.
At the police station, he was put into a cell but not given any reason for his arrest. He was not shown any complaint or statement against him. The officer who ordered his incarceration in a cell was identified as Mr. Rajapsksha, Officer-in-Charge (OIC) of the Crime Branch.
He learned that his daughter and son-in-law came to visit him at the police station but were not allowed to see him by OIC Rajapaksha. He was also falsely accused of assaulting a police officer, breaking several of his teeth and taking his money. Lionel states that all these accusations are baseless and fabricated. They are made up charges so that they could file a case against him and prosecute him. It is revenge on him for not driving Mr. Malith on a second trip.
On 23 December 2016, at 1pm he was taken out of his cell and ordered to sign a document prepared by police officers. Lionel, who was in fear of his life and further revenge by police officers, simply followed what they advised. Later he was brought to the Negombo Magistrate’s Court. After producing him before the magistrate, police accused him of robbing Rs. 13, 700/= from the officer and intimidating him. Lionel vehemently denied the accusations. However, he was not able to get any legal assistance. The magistrate released him on bail.
Lionel states that he was illegally arrested, detained and produced before the courts on fabricated charges. He states that police officers have violated his fundamental rights guaranteed by the Constitution. He seeks justice.
I request your intervention to ensure that the authorities listed below open an immediate investigation. They need to examine allegations of violations of the victim’s fundamental rights by officers of the Sri Lanka Police Department. All officers involved should be subject to an internal investigation for breach of Police Departmental Orders.
Yours sincerely,
———————
PLEASE SEND YOUR LETTERS TO:
1. Mr. Pujith Jayasundara
Inspector General of Police
New Secretariat
Colombo 1
SRI LANKA
Fax: +94 11 2 440440 / 327877
E-mail: igp@police.lk
2. Mr. Jayantha Jayasooriya PC
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
Human Rights Commission
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
Thank you.
Urgent Appeals Programme
Asian Human Rights Commission (ua@ahrc.asia)
