Dear Friends,
The Asian Human Rights Commission has received information regarding Mr. Anthonysamy Callistus from Rajawella, Digana in the Kandy District. On 28th March 2017, he was arrested illegally, detained and produced before the Teldeniya Magistrate’s Court on a fabricated charge by police officers attached to the Teldeniya Police. Callistus denies all such charges, and states that he has never committed any crime and pleads his innocence. The victim states that the police officers behaved in an unlawful manner, violating his fundamental rights guaranteed by the Constitution of Sri Lanka. The Officer-in-Charge (OIC) of the Teldeniya police has acted, outside his powers on an arbitrary decision in apprehending and arresting Callistus.
Case Narrative:
Anthonysamy Callistus is a regular worker attached to the Maberitenna Estate where he has worked for during the past 25 years, he is married and a father of two children. Callistus and his family live in a house built in the Maberitenna Estate in Kandy, in a land owned by the state. This Estate is operated by the National Livestock Development Board (NLDB) – a Sri Lankan State-owned company. There are around 300 families living and working in the Estate.
In May 2014, the Government announced and started a project to build a domestic airport at Maberitenna in Teldeniya Divisional Secretariat in the Kandy District. Following which decision, 181 out of the 300 families living in this Estate, were notified to prepare to be resettled in another part of the same Estate. Government officials along with the management of the Maberitenna Estate have informed these families that separate plots of land have been allocated to all the 181 families. Callistus’s family too was allocated a plot of land for resettling and was given notice to proceed to build his own house on the said land. He states that he was also provided with several documents, which included among others, the plans indicating the land extent and borders, the transfer of ownership to him, etc., by the Estate Management. All the families also attended an official hand-over ceremony to which event government officials, officers from the Estate Management and other government representatives also participated.
Callistus and his family had then commenced the resettling process and completed the building layout process, design, fencing etc., to build their home. Around that time, the Estate management had issued a sudden notice to all these families to immediately stop the work on their houses, informing them that there are some disputes regarding the said land. Then on several occasions, the officials attached to the estate’s management even obstructed the families who were engaged in the resettlement process disrupting the building processes.
Callistus later learned that the representatives of the Ceylon Workers Congress (CWC) Trade Union, registered a complaint on the 20th May 2016 at the Teldeniya Police Station against the obstruction made by the management of the estate, on behalf of the aggrieved families. (Reference Number No: CIB/2/223/274.) Following which complaint, Callistus along with other families continued the work on building their homes in their respective plots of land.
In the evening of 27 March 2017, Callistus received a message from the Officer-in-Charge (OIC) of the Teldeniya Police Station to immediately report to the police station. He further learnt that the President of the CWC Trade Union also received summons to appear before the same OIC.
In the morning of 28 March, Callistus together with the president of the CWC Trade Union had arrived at the police station at around 10.45 a.m. When he entered the office, suddenly, the OIC had started to verbally abuse him and the other persons there with him. Callistus had repeatedly pleaded his innocence with the OIC, but according to Callistus, the officer was not ready to hear any explanations from Callistus. Callistus states that the OIC was acting in a premeditated manner in levelling abuse against him at the time.
Within few minutes, the OIC requested a police officer on duty to record the names and the addresses of Callistus and the President of the CWC trade union, and were then forced to place their signatures on a document prepared by the police officer. They were not allowed to read the document and they were not aware of the contents of the document. Callistus states that due to fear of torture and further abuse, they signed the document. Later the police officers informed them that they are under arrest and they are going to be produced before the magistrate. Several hours later, the other two persons who came with Callistus to the police station, the driver of the three-wheeler and another person – a brother of the three wheeler driver – too were arrested.
After several hours of being so illegally detained, at around 2.15p.m., all the detainees were transported by a jeep to the Teldeniya Magistrate’s Court and were produced before the Magistrate who had granted bail with condition that he reports to the Teldeniya Police station every Sunday. Callistus was not aware of the charges against him. He later learned that in the case filed against him, the police have accused him for illegally trespassing into a government land. He vehemently denies any such accusations. The hearing of the case has been postponed till 4 September 2017.
Since Callistus was working in Colombo, he had to leave his job due to this bail condition and now is employed as a daily paid driver in Kandy. He states that, due to the unlawful acts of the OIC of the Teldeniya police he lost his job.
Callistus states that he does not have a criminal record nor has he had any complaints made against him. He further states that the Teldeniya OIC had commenced a malicious prosecution against him, being well aware of his innocence. He was illegally arrested, detained and prosecuted for an offence he did not commit. He seeks justice for this illegal behavior and reparation for the abuse of his fundamental rights.
Suggested Action:
Please send a letter to the authorities listed below. Express your concern about this incident. Request an immediate investigation into the allegations of abuse of an innocent person by the Police. There needs to be 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 be subject to internal investigations for breach of Police Departmental Orders. Kindly request, that the National Police Commission (NPC) and the Police Inspector General (IGP) open a special investigation into the malpractices of those Police Officers who abused their powers. Please note that the AHRC has written a separate letter to the United Nations Chairperson of the Working Group on Arbitrary Detention in this regard.
To support this case, please click here: SEND APPEAL LETTER
SAMPLE LETTER
Dear ________,
SRI LANKA: Another innocent man illegally arrested and prosecuted on a fabricated charge by the Teldeniya Police
Name of Victims: Mr. Anthonysamy Callistus (43), No: 7/2, Maberitenna, Rajawella, Digana in Kandy District
Alleged perpetrators: OIC and officers attached to the Teldeniya Police Station
Date of incident: 28th March 2017
Place of incident: Teldeniya Police Division.
According to the information, I have received Mr Anthonysamy Callistus is a regular worker attached to the Maberitenna Estate where he has worked for during the past 25 years, he is married and a father of two children. Callistus and his family live in a house built in the Maberitenna Estate in Kandy, in a land owned by the state. This Estate is operated by the National Livestock Development Board (NLDB) – a Sri Lankan State-owned company. There are around 300 families living and working in the Estate.
In May 2014, the Government announced and started a project to build a domestic airport at Maberitenna in Teldeniya Divisional Secretariat in the Kandy District. Following which decision, 181 out of the 300 families living in this Estate, were notified to prepare to be resettled in another part of the same Estate. Government officials along with the management of the Maberitenna Estate have informed these families that separate plots of land have been allocated to all the 181 families. Callistus’s family too was allocated a plot of land for resettling and was given notice to proceed to build his own house on the said land. He states that he was also provided with several documents, which included among others, the plans indicating the land extent and borders, the transfer of ownership to him, etc., by the Estate Management. All the families also attended an official hand-over ceremony to which event government officials, officers from the Estate Management and other government representatives also participated.
Callistus and his family had then commenced the resettling process and completed the building layout process, design, fencing etc., to build their home. Around that time, the Estate management had issued a sudden notice to all these families to immediately stop the work on their houses, informing them that there are some disputes regarding the said land. Then on several occasions, the officials attached to the estate’s management even obstructed the families who were engaged in the resettlement process disrupting the building processes.
Callistus later learned that the representatives of the Ceylon Workers Congress (CWC) Trade Union, registered a complaint on the 20th May 2016 at the Teldeniya Police Station against the obstruction made by the management of the estate, on behalf of the aggrieved families. (Reference Number No: CIB/2/223/274.) Following which complaint, Callistus along with other families continued the work on building their homes in their respective plots of land.
In the evening of 27 March 2017, Callistus received a message from the Officer-in-Charge (OIC) of the Teldeniya Police Station to immediately report to the police station. He further learnt that the President of the CWC Trade Union also received summons to appear before the same OIC.
In the morning of 28 March, Callistus together with the president of the CWC Trade Union had arrived at the police station at around 10.45 a.m. When he entered the office, suddenly, the OIC had started to verbally abuse him and the other persons there with him. Callistus had repeatedly pleaded his innocence with the OIC, but according to Callistus, the officer was not ready to hear any explanations from Callistus. Callistus states that the OIC was acting in a premeditated manner in levelling abuse against him at the time.
Within few minutes, the OIC requested a police officer on duty to record the names and the addresses of Callistus and the President of the CWC trade union, and were then forced to place their signatures on a document prepared by the police officer. They were not allowed to read the document and they were not aware of the contents of the document. Callistus states that due to fear of torture and further abuse, they signed the document. Later the police officers informed them that they are under arrest and they are going to be produced before the magistrate. Several hours later, the other two persons who came with Callistus to the police station, the driver of the three-wheeler and another person – a brother of the three wheeler driver – too were arrested.
After several hours of being so illegally detained, at around 2.15p.m., all the detainees were transported by a jeep to the Teldeniya Magistrate’s Court and were produced before the Magistrate who had granted bail with condition that he reports to the Teldeniya Police station every Sunday. Callistus was not aware of the charges against him. He later learned that in the case filed against him, the police have accused him for illegally trespassing into a government land. He vehemently denies any such accusations. The hearing of the case has been postponed till 4 September 2017.
Since Callistus was working in Colombo, he had to leave his job due to this bail condition and now is employed as a daily paid driver in Kandy. He states that, due to the unlawful acts of the OIC of the Teldeniya police he lost his job.
Callistus states that he does not have a criminal record nor has he had any complaints made against him. He further states that the Teldeniya OIC had commenced a malicious prosecution against him, being well aware of his innocence. He was illegally arrested, detained and prosecuted for an offence he did not commit. He seeks justice for this illegal behavior and reparation for the abuse of his fundamental rights.
I request the intervention of your good offices. Ensure that the authorities listed below open an immediate investigation. They need to look into the allegations of violations of fundamental rights of the victim by officers of the Sri Lanka Police Department. Any 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)
