SRI LANKA: Police refuse to investigate assault and instead arrest victim

ASIAN HUMAN RIGHTS COMMISSION - URGENT APPEALS PROGRAMME

Urgent Appeal Case: AHRC-UAC-097-2017
ISSUES: Arbitrary arrest & detention, Enforced disappearances and abductions, Judicial system, Police negligence, Rule of law,

Dear Friends,

The Asian Human Rights Commission has received information regarding the assault of Mr. Mohamad Ali and his daughter on 7 July 2017, by an influential businessman. When Mr. Mohamad made a complaint to the Hidogama Police Station, the Officer-in-Charge (OIC) of the police station illegally arrested and detained the complainant, while releasing the culprit.

CASE NARRATIVE:

On 7 July 2017, at 10:45 p.m., an unknown person entered into the house of Mr. Mohamad Ali of Hidogama in the Anuradhapura District without any legitimate reason. Mohamad is married and father of a 12-year-old daughter. Mohamad questioned him for trespassing and the stranger started to abuse him with obscene language. Then he assaulted Mohamad. When Mohamad’s daughter interfered to protect her father, the unknown person severely assaulted his daughter as well.

After the assailant left, Mohamad took his daughter to the Nelubewa Government Hospital for treatment, where she was admitted for a day. On the next day, she was transferred to Anuradhapura Teaching Hospital for further treatment. She was discharged on July 10.

Later, Mohamad was able to identify the assailant as an influential businessman of the area, who is running a foreign employment agency.

On July 8, Mohamad went to the Hidogama Police Station and made a complaint to the officers on duty. The officers recorded the complaint and informed him that they are informing the parties to appear before the Officer-in-Charge (OIC) of the police station for the inquiry. The police further stated that they are well aware of the culprit and will arrest him as soon as possible.

Two days later, on July 10, the OIC of the Hidogama police station requested Mohamad to appear before him for the inquiry. When he was present, he observed that the businessman also was present at the police station. Before Mohamad, the businessman entered the OIC’s office and had a discussion. Then the OIC called both parties for an inquiry before him. When Mohamad was allowed to speak, he explained how the businessman illegally entered his house, how he verbally abused him and his daughter, and how he assaulted them.

Immediately after Mohamad’s narrative, without waiting for the businessman’s response, the OIC accused Mohamad for complaining without fair reasons. Mohamad then requested the OIC to call for the medical reports of the Nelubewa Government Hospital and Anuradhapura Teaching Hospital, indicating the consequences of the assault by the culprit. Instead, the OIC ordered his fellow officers to arrest Mohamad and detain. After 15 minutes of detention inside a cell, Mohamad was released with a warning to stop his complaints against the businessman. The OIC further stated that he will not allow any investigation in this matter to proceed.

According to Mohamad, the OIC suppressed any investigation due to the illegal benefits that he gained from the influential businessman. Mohamad then made a written complaint against the Hidogama OIC to the Deputy Inspector General (DIG) of North Central Province. Later, he was informed that the DIG has directed the Senior Superintendent of Police (SSP) of Anuradhapura District to initiate investigation against the OIC.

SUGGESTED ACTION:

Please send letters expressing your concern about this case and requesting an immediate investigation into the allegations of assault by the businessman, and the allegations against the Hidogama police. The OIC in particular, should be subjected to criminal and disciplinary action. Further, please also request the National Police Commission (NPC) and the Inspector General of Police (IGP) to look into the malpractices of police officers abusing their powers.

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

SAMPLE LETTER

Dear ________,

SRI LANKA: Police refused to investigate assault complaint and instead arrested victim
Name of Victims: Mr. Mohamad Ali of Hidogama, Anuradhapura in the Anuradhapura District and his daughter
Alleged perpetrators: OIC of the Hidogama Police Station
Date of incident: 7 July 2017
Place of incident: Hidogama Police Division

According to the information I have received, on 7 July 2017, at 10:45 p.m., an unknown person entered into the house of Mr. Mohamad Ali of Hidogama in the Anuradhapura District without any legitimate reason. Mohamad is married and father of a 12-year-old daughter. Mohamad questioned him for trespassing and the stranger started to abuse him with obscene language. Then he assaulted Mohamad. When Mohamad’s daughter interfered to protect her father, the unknown person severely assaulted his daughter as well.

After the assailant left, Mohamad took his daughter to the Nelubewa Government Hospital for treatment, where she was admitted for a day. On the next day, she was transferred to Anuradhapura Teaching Hospital for further treatment. She was discharged on July 10.

Later, Mohamad was able to identify the assailant as an influential businessman of the area, who is running a foreign employment agency.

On July 8, Mohamad went to the Hidogama Police Station and made a complaint to the officers on duty. The officers recorded the complaint and informed him that they are informing the parties to appear before the Officer-in-Charge (OIC) of the police station for the inquiry. The police further stated that they are well aware of the culprit and will arrest him as soon as possible.

Two days later, on July 10, the OIC of the Hidogama police station requested Mohamad to appear before him for the inquiry. When he was present, he observed that the businessman also was present at the police station. Before Mohamad, the businessman entered the OIC’s office and had a discussion. Then the OIC called both parties for an inquiry before him. When Mohamad was allowed to speak, he explained how the businessman illegally entered his house, how he verbally abused him and his daughter, and how he assaulted them.

Immediately after Mohamad’s narrative, without waiting for the businessman’s response, the OIC accused Mohamad for complaining without fair reasons. Mohamad then requested the OIC to call for the medical reports of the Nelubewa Government Hospital and Anuradhapura Teaching Hospital, indicating the consequences of the assault by the culprit. Instead, the OIC ordered his fellow officers to arrest Mohamad and detain. After 15 minutes of detention inside a cell, Mohamad was released with a warning to stop his complaints against the businessman. The OIC further stated that he will not allow any investigation in this matter to proceed.

According to Mohamad, the OIC suppressed any investigation due to the illegal benefits that he gained from the influential businessman. Mohamad then made a written complaint against the Hidogama OIC to the Deputy Inspector General (DIG) of North Central Province. Later, he was informed that the DIG has directed the Senior Superintendent of Police (SSP) of Anuradhapura District to initiate investigation against the OIC.

I request the intervention of your good offices to ensure an immediate investigation into the allegations of assault by the businessman, and the allegations against the Hidogama police. The OIC in particular, should be subjected to criminal and disciplinary action. Further, please also request the National Police Commission (NPC) and the Inspector General of Police (IGP) to look into the malpractices of police officers abusing their powers.

Yours sincerely,

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PLEASE SEND YOUR LETTERS TO:

1. Mr. PujithJayasundara 
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)