SRI LANKA: A police inspector allegedly assaulted and threatened a man on a personal matter

Dear friends,

The Asian Human Rights Commission (AHRC) has received information that on 25 March 2007 an Inspector working at the Office of the Senior Superintendent of Police (SSP) of Negombo allegedly assaulted and threatened a man thereby abusing his authority. The victim is in fear for his security because a group of policemen came to look for him after he lodged a complaint against the concerned inspector. 

CASE DETAILS:

Mr. Ajith Shantha Fernando is a resident of No.51/3, Anthony’s Road, Periyamulla, Negombo, Sri Lanka. At around 10:00pm on 25 March 2007, when he was parking his three wheeler at Periyamulla Bus Depot Junction, Inspector of Police (IP) Clement Fernando, who works at the Office of Senior Superintendent of Police (SSP) of Negombo, wearing civilian clothes parked his motor cycle next to Ajith’s three wheeler. IP Fernando was smelling heavily of wine and the time and asked Ajith if he had a knife. When Ajith answered he did not carry anything like a knife, Inspector Clement Fernando started shouting and assaulting him, demanding to know why Ajith had attempted to assault his driver named Riffas.

Ajith was seriously assaulted on his chest, neck and stomach by IP Fernando for no apparent cause. Despite the fact that Ajith was protesting his innocence the IP continued to beat him. When the assault was over, Ajith told the inspector that he would go to the police station to lodge a complaint against him. IP Fernando then allegedly threatened Ajith saying, “Even though you go to the police station, you can do nothing to me. Once I give a call to the police station, you will be arrested.”

According to Ajith, five days earlier he had asked Riffas to return Rs. 5,000 (USD 46) which Ajith loaned him over one year ago. Instead of paying the money, Riffas immediately went to IP Fernando and allegedly asked for help in dealing with this private matter. Ajith says that this is the reason behind his assault and intimidation by the said inspector.

That night, Ajith could not sleep due to the pain and went to Negombo Base Hospital with his friend at 1:15am on March 26 to get medical treatment. On the way to the hospital Ajith was stopped by two traffic police officers. When he told them he was on the way to see a doctor because he had been assaulted by a police officer, he was told to go to a private hospital because all the doctors at the government hospital were very busy. The officers also told Ajith to come to the office of the SSP tomorrow to meet them. The victim could not help going to the private hospital to be treated.

On 26 March 2007, Ajith did not go to the Office of the SSP fearing further harassment by the police as it is the very place where IP Fernando works. Instead, he went to Police Headquarters in Colombo to lodge a complaint against the said inspector. The case was registered under CIB 11 319/68 by the Sergeant Sarath (ID 30690).

However, on the following day, unidentified several police officers in a car came to Ajith’s village and looked for him. The police officers neither identified themselves nor informed the reason as to why they were looking for Ajith. When the officers asked about Ajith, one of his friends pointed in the wrong direction as he was concerned about  Ajith’s security. In Sri Lanka, a person complaining against police officer(s) is often re-arrested or further harassed by the police. Since then, Ajith is afraid of being further harassed and threatened by the police.

SUGGESTED ACTION:
Please write to the relevant authorities listed below and urge them to inquire about the incident and take strong action against the concerned inspector. The AHRC will separately write to the UN Special Rapporteur on Question of Torture regarding this matter.

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