Dear friends,
The Asian Human Rights Commission (AHRC) has received information regarding the arbitrary arrest under fabricated charge of an uncle and grandfather of a 3-year-old child who was knocked down by a motor cycle. A group of gang members who were allegedly friends of the motor cyclist came and assaulted the father and the other family members after the father blamed the motor cyclist for causing the accident. The police officer who was called to the site of the incident further assaulted the victims without asking the family about the situation.
CASE DETAILS:
At 6:30 pm, on 17 April 2007, 3-year-old Akash was knocked down by a motor cycle in Nattaranpotha Road, Kundasale, Kandy. The family of Akash scolded the motor cyclist for his carelessness which resulted in the small child’s injury. Some time later on the same day, 20-25 men came to the family’s house and started beating up the family members and damaging their house.
In addition, the police officers who received a call from Akash’s father, Alagappen Prabu shortly after he knew about the assault of the family by the gang men, also beat the victims without asking what happened upon arriving at the scene on the same day. It seems that the alleged perpetrators had good relations with the police officers of the Balagolla police station.
Small Akash was taken to the Kandy General Hospital and warded in ward No. 70 for 3 days. That same evening, Akash’s uncle Mahendran Sandanam and grandfather K. Selliah went to the Balagolla police station to make a complaint. However, the police officers again assaulted them both verbally and physically and detained them instead of registering the case and writing down the victim’s statement.
The alleged perpetrators were protected by the police officers, while the real victims were charged with an unknown reason. Akash’s uncle Mahendran Sandanam and grandfather K. Selliah were detained in the Balagolla police station until they were produced before the Kandy magistrate on 18 April. Without any explicit inquiry or proper action on the part of the magistrate, Akash’s uncle Mahendran Sandanam and grandfather K. Selliah were remanded into police custody for 3 more days. Although the victims were released on bail, the case against the victims is scheduled to be heard at the Kandy Magistrate court on 27 July 2007.
The victim family made a complaint to the Assistant Superintendent of Police about the police officers of the Balagolla police station for their ignorance of the victim’s complaint and illegal detention of the victims.
The victim family has since relocated in order to escape continued assault in the hands of the alleged perpetrators living in the area and the police officers who support these well known thugs.
SUGGESTED ACTION:
Please write to the relevant authorities listed below and urge them to take immediate actions against the alleged perpetrators, including the police officers who assaulted and detained the victims. Please also urge them to ensure that appropriate legal remedies will be provided to the victim family.
To support this case, please click here: SEND APPEAL LETTER
SAMPLE LETTER
Dear __________,
SRI LANKA: fabricated case against the victim whose son and family have been assaulted by a group of gangs
Name of victim:
1. Prabu Akash: 3-year-old boy, knocked down by a motor cycle
2. Prabu Alagappen: Father of Akash, assaulted by a group of gang members and the police officers of the Balagolla police station
3. Rajini Kumari: Mother of Akash, assaulted by a group of gang members and the police officers of the Balagolla police station
4. Mahendran Sandanam: Uncle of Akash, assaulted by the police officers of the Balagolla police station and illegally detained
5. K. Selliah: Grandfather of Akash, assaulted by the police officers of the Balagolla police station and illegally detained
Place of residence: 30/2, Galmaduwa Road, Kundasale, Kandy, Sri Lanka
Name of alleged perpetrator:
1. Unidentified motor cyclist
2. Nimal, a member of gang group, a resident of Mahawatte
3. Sampath, a member of gang group, a resident of Mahawatte
4. Police officers of the Balagolla police station (for assault and illegal detention)
Place of incident: Nattaranpotha road, Kundasale, Kandy, Sri Lanka
Date of incident: 17 April 2007
I am writing to you to express my grave concern about the alleged brutal assault of a family in the hands of both a group of gang members and police officers, as well as the arbitrary detention of and false charge against the victims by police officers.
According to the information I have received, 3-year-old Akash was knocked down by a motor cycle in Nattaranpotha road, Kundasale, Kandy on 17 April 2007. The motor cyclist called out a group of 20 to 25 gang members to afflict the child’s family and to damage their house when Akash’s father scolded his carelessness.
I was also informed that even the police officers of the Balagolla police station assaulted Akash’s family members instead of inquiring about the situation when they arrived at the scene, although it was Akash’s father who had called the police for help.
Due to the injuries incurred by the motor cycle mishap, Akash had to be hospitalised for 3 days in ward no. 70 of the Kandy General Hospital.
That same evening, when Akash’s uncle Mahendran Sandanam and grandfather K. Selliah went to the Balagolla police station to make a complaint, the police officers allegedly assaulted them again, both verbally and physically, and even detained them under a false charge rather than registering their complaint.
I was informed that Akash’s uncle and grandfather were detained in the Balagolla police station until they were produced before the Kandy magistrate’s court on April 18. Without any explicit inquiry, they were then remanded into police custody for 3 more days. The victims have never been informed about the charge made against them and the reason they were remanded. The case against the victims will be called again at the Kandy Magistrate court on 27 July 2007.
I have learned that the victim family has moved to another place for fear of constant assault by the alleged perpetrators living in the area, who are well known for being thugs and who have the support of the police officers.
I strongly condemn the violent and unfair action of the police officers against the family victims in this case. The people are not supposed to be accused under fabricated charges by the police authority, and all the actions taken by the police in this case cannot be tolerated under any circumstances.
I would like to remind the Government of Sri Lanka that it has ratified the International Covenant on Civil and Political Rights (ICCPR) in 1980. The ICCPR clearly states that no one shall be subject to arbitrary arrest or detention. However, the violence committed by the police officers are rampant in Sri Lanka, which continuously creates insecurity in a society.
Therefore, I urge you to conduct an immediate and impartial investigation into the incident and to take proper actions against the alleged police officers so that the victims can be protect by the rule of law. I also request you to ensure that the appropriate compensation will be provided for the victims.
I look forward to your real and constant action into this matter.
Yours truly,
———————-
PLEASE SEND YOUR LETTER TO:
1. Mr. Victor Perera
Inspector General of Police
New Secretariat
Colombo 1
SRI LANKA
Fax: +94 11 2 440440/327877
E-mail: igp@police.lk
2. Mr. K. C. Kamalasabesan
Attorney General
Attorney General’s Department
Colombo 12
SRI LANKA
Fax: +94 11 2 436421
Email: attorney@sri.lanka.net
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
4. 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
Thank you.
Urgent Appeals Programme
Asian Human Rights Commission (ahrchk@ahrchk.org)
