Dear friends,
The Asian Human Rights Commission is writing to inform you about an alleged false case against a 65-year-old woman in Wanathayilluwa, by officers from the Excise Department in Puttalam who are allegedly connected to an illicit liquor merchandiser. The victim was illegally taken into custody by two officers from the Department, after she made a complaint against the illegal activities of the illicit liquor merchandiser. She was then allegedly forced to sign a document which was unexplained to her, and to place her fingerprints on three bottles of illicit liquors. She was later charged with possession of illicit liquor in the Puttalam court and the case is still pending in court.
CASE DETAILS (based on the victim’s testimony):
Mrs. Wickramasinghe Alugolla Appuhamige Vicktory-hamy is a 65 year old woman residing in East Vijepura, Wanathavilluwa, Sri Lanka. At around 2:00pm on 22 February 2007, when Mrs. Vicktory-hamy was in her garden, two officers identifying themselves from the Excise Department allegedly abused her in filthy language and scolded her that she wrote petitions (relating to Keerthi’s illegal activities). The officers then forcibly took her before Keerthi, a famous illicit liquor merchandiser in the area, and his aid Somapala and attempted to forcibly put a can of arrack into her hands. Mrs. Vicktory-hamy however refused to take it. She was then taken into a jeep by the officers.
Mrs. Vicktory-hamy was then taken to her house where she was allegedly forced to sign in a document. The officers did not explain the contents of the document. According to the victim, the Officer-in-Charge (OOIC) of the Excise Department drove the jeep. Mrs. Vicktory-hamy asked the OIC why he was treating her in this inhumane manner, the OIC told her that it was not his intention to do so but somebody’s and he was sorry for her. The OIC then forcibly got her fingerprints on three big bottles of illicit liquor which were inside the jeep. The victim says that after that, the officers went back to Keerthi’s house and returned her house again some time later. The officers then told her that they would institute a case of the possession of illicit liquor against her and an arrest warrant would be issued if she would not come to the police station for an inquiry.
On 14 March 2007, the case was heard at the Puttalam court (refer to: Case Number: 18825/cha). The victim was granted the surety bail on that day but was remained in the Negambo remand prison for three days as no one was available to bail her out. Subsequently Mrs. Vicktory-hamy was released on bail on the 17 March 2007. The next date of the case hearing is scheduled for 9 May 2007.
After her release, Mrs. Vicktory-hamy sent her affidavit (written complaint) about the incident to the Excise Department and the Officer-in-Charge of the Wanathavilluwa police station. However, she received no response from any of these authorities. She further lodged a written complaint to the Chairperson of Human Rights Commission of Sri Lanka (HRCSL), Inspector General of Police (IGP), and the Commissioner General of the Excise Department. The victim requests that due disciplinary and legal action be taken against the OIC of the Excise Department-Puttalam and the other officers responsible for her illegal arrest and fabrication of a case against her due to nexus with a criminal named Keerthi.
ADDITIONAL COMMENTS:
This case is yet another example showing the nexus between illicit liquor merchants and state officers. Illicit liquor is a profitable business for state officers, especially police, as it provides them extra incomes from bribes. In January 2004, D.G. Premathilaka, a former seller of illicit liquor, was allegedly tortured by the police, as a punishment for quitting the business. (Please refer to UA-03-2004) In January 2006, Mr. Sunil Premathilake was illegally arrested by police officers in Gokarella Police Station, in substitute for another illicit liquor merchant, Mr. Sunil Premarathne, who colluded with the police for his illegal trade (Please refer to UA-102-2006). The substitution of accused persons in illicit liquor cases is a common practice by the local police at Magistrates Court across the country.
Furthermore, the real cause of crime in Sri Lanka is the nexus between state officers, particularly police officers, and criminals. This nexus consists of simple and complex exchanges. Some include the taking of bribes to permit illegal trade in alcohol or other illicit goods, or to desist from investigating crimes and recording statements. Others involve much greater profits, such as where drugs are traded. Others still include joint operations between criminals and police officers bent on committing crimes. Without this nexus, many crimes could not be committed, or if committed, would soon be exposed. With this nexus, most crimes are readily committed, and all but impossible to expose. Any real world discussion on how to prevent crime must address this nexus as its root cause.
For instance, the AHRC has previously reported the case that a man named Mr. Tharuka Fernando was severely injured by a criminal who was connected with the Panuadura police on 19 December 2005 (UA-12-2005). In this case, although the Panadura police arrested an illegal drug dealer, they released him soon without any charges against him. Furthermore, the police allegedly informed the drug dealer of the names of three persons who complained about his illegal activities, which resulted the attack on Mr. Tharuka Fernando by the said drug dealer. In another case, a man was falsely charged by police following his complaint against a criminal who has alleged connections with police personnel. Mr H. A. Chaminda was detained by police personnel from the Panadura North Police Station, who demanded him to withdraw the complaint; however, herefused to do so. When he was produced before the Panadura Magistrate Court on 27 January 2005, Chaminda discovered that he had been falsely charged for possessing illicit liquor. He pleaded not guilty and was released on bail for Rs. 50,000/ (UA-22-2005).
To know more about the nexus between the police and criminals in Sri Lanka, see also the AHRC’s statement UA-54-2004 titled “Breaking the nexus between the Sri Lankan police and criminals”.
SUGGESTED ACTION:
Please write to the following authorities, and urge an independent investigation to look into the conduct of the officers from the Excise Department, and their alleged connection with the illicit liquor merchandiser involved. If the allegations are proved, the case against Mrs. Vicktory-hamy should be dropped immediately and compensations should be provided to her; the officers and other persons involved in the case should also be prosecuted accordingly. The Sri Lankan government should also take appropriate steps to stop the nexus between state officers and illicit liquor business.
To support this case, please click here: SEND APPEAL LETTER
SAMPLE LETTER
Dear ____________,
SRI LANKA: A woman allegedly implicated with a false case due to nexus between the excise department officers and local criminals
Name of victim: Mrs. Wickramasinghe Alugolla Appuhamige Vicktory-hamy, aged 65, married with 6 children, residing in East Vijepura, Wanathavilluwa, Sri Lanka
Alleged perpetrators:
1. Officer-in-Charge of the Excise Department-Puttalam and other officers attached to the same department
2. Keerthi, a famous illicit liquor merchandiser in the area, and his aid Somapala
Date of incident: 22 February 2007
I am writing to express my concerns about an allegedly false case against a 65-year-old woman in Wanathayilluwa, by officers from the Excise Department who are allegedly connected to an illicit liquor merchandiser. The victim was taken from her garden by two officers from the Department, after she made a complaint against the illegal activities of the illicit liquor merchandiser. She was forced to sign a document which was unexplained to her, and to leave fingerprints on three bottles of illicit liquors. She was later charged with possession of illicit liquor in the Puttalam court.
I learn that the victim, Mrs. Wickramasinghe Alugolla Appuhamige Vicktory-hamy, is a 65 year old woman residing in East Vijepura, Wanathavilluwa, Sri Lanka. At around 2:00pm on 22 February 2007, when Mrs. Vicktory-hamy was in her garden, two officers identifying themselves from the Excise Department allegedly abused her in filthy language and scolded her that she wrote petitions (relating to Keerthi’s illegal activities). The officers then forcibly took her before Keerthi, a famous illicit liquor merchandiser in the area, and his aid Somapala and attempted to forcibly put a can of arrack into her hands. Mrs. Vicktory-hamy however refused to take it. She was then taken into a jeep by the officers.
I am informed that Mrs. Vicktory-hamy was then taken to her house where she was allegedly forced to sign in a document. The officers did not explain the contents of the document. According to the victim, the Officer-in-Charge (OOIC) of the Excise Department drove the jeep. Mrs. Vicktory-hamy asked the OIC why he was treating her in this inhumane manner, the OIC told her that it was not his intention to do so but somebody’s and he was sorry for her. The OIC then forcibly got her fingerprints on three big bottles of illicit liquor which were inside the jeep. The victim says that after that, the officers went back to Keerthi’s house and returned her house again some time later. The officers then told her that they would institute a case of the possession of illicit liquor against her and an arrest warrant would be issued if she would not come to the police station for an inquiry.
I also learn that on 14 March 2007, the case was heard at the Puttalam court (refer to: Case Number: 18825/cha). The victim was granted the surety bail on that day but was remained in the Negambo remand prison for three days as no one was available to bail her out. Subsequently Mrs. Vicktory-hamy was released on bail on the 17 March 2007. The next date of the case hearing is scheduled for 9 May 2007.
After her release, Mrs. Vicktory-hamy sent her affidavit (written complaint) about the incident to the Excise Department and the Officer-in-Charge of the Wanathavilluwa police station. However, she received no response from any of these authorities. She further lodged a written complaint to the Chairperson of Human Rights Commission of Sri Lanka (HRCSL), Inspector General of Police (IGP), and the Commissioner General of the Excise Department. The victim requests that due disciplinary and legal action be taken against the OIC of the Excise Department-Puttalam and the other officers responsible for her illegal arrest and fabrication of a case against her due to nexus with a criminal named Keerthi.
This case is another example showing the nexus between illicit liquor merchants and state officers. I learn that illicit liquor is a profitable business for police officers, as it provides them extra incomes from bribes. In January 2004, D.G. Premathilaka, a former seller of illicit liquor, was allegedly tortured by the police, as a punishment for quitting the business. In January 2006, Mr. Sunil Premathilake was illegally arrested by police officers in Gokarella Police Station, in substitute for another illicit liquor merchant, Mr. Sunil Premarathne, who colluded with the police for his illegal trade. The substitution of accused persons in illicit liquor cases is a common practice by the local police at Magistrates Court across the country.
Furthermore, the real cause of crime in Sri Lanka is the nexus between state officers, particularly police officers, and criminals. Some include the taking of bribes to permit illegal trade in alcohol or other illicit goods, or to desist from investigating crimes and recording statements. Others involve much greater profits, such as where drugs are traded. Others still include joint operations between criminals and police officers bent on committing crimes.
The complainants of such nexus are usually subjected to harassments and attacks from both the criminals and state officers. For instance, Mr. Tharuka Fernando was severely injured by a criminal who was connected with the Panuadura police on 19 December 2005. Mr. Fernando was allegedly attacked by a drug dealer after making a complaint to the police, but the police did nothing except leaking his identity to the drug dealer which resulted in his attack. In another case, a man was falsely charged by police following his complaint against a criminal who has alleged connections with police personnel. Mr H. A. Chaminda was detained by police personnel from the Panadura North Police Station, who demanded him to withdraw the complaint; however, he refused to do so. When he was produced before the Panadura Magistrate Court on 27 January 2005, Chaminda discovered that he had been falsely charged for possessing illicit liquor. He pleaded not guilty and was released on bail for Rs. 50,000.
Therefore, I would urge you to conduct an independent investigation to look into the conduct of the officers from the Excise Department, and their alleged connection with the illicit liquor merchandiser involved. If the allegations are proved, the case against Mrs. Vicktory-hamy should be dropped immediately and compensation should be provided to her; the officers and other persons involved should also be prosecuted accordingly. I also urge the Sri Lankan government should also take appropriate steps, to stop the deep rooted nexus between state officers and illicit liquor business, and other forms of crimes.
I trust you will response to the case promptly.
Yours truly,
——————–
PLEASE SEND YOUR LETTERS TO:
1. Mr. C.R. De Silva
Attorney General
Attorney General’s Department
Colombo 12
SRI LANKA
Fax: +94 11 2 436421
Email: attorney@sri.lanka.net
2. Mr. Victor Perera
Inspector General of Police
New Secretariat
Colombo 1
SRI LANKA
Fax: +94 11 2 440440/327877
E-mail: igp@police.lk
3. Secretary
Human Rights Commission of Sri Lanka
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
4. Mr. Parakkrama Ekanayake Bandara
Commissioner General
Excise Department
Colombo
SRI LANKA
Tel: +94 11 2 300166 or 326606
Fax: +94 11 2 300165
Email: excisen@slt.lk
Thank you.
Urgent Appeals Programme
Asian Human Rights Commission (ahrchk@ahrchk.org)
