SRI LANKA: Torture and fabricated charges by Mahiyangana Police with the view of land grabbing

Dear friends,

The Asian Human Rights Commission (AHRC) has received updated information regarding continuous harassment meted out by the Mahiyangana Police and the Badulla Police to Herath Mudiyanselage Podi Kumarihami, in order to grab a land which Podi Kumarihami owns and where she has been living for a long time. Police officers attached to the Badulla Police and the Mahiyangana Police have colluded to fabricate a charge of the possessions of illicit drugs on Podi Kumarihami and her family members. Podi Kumarihami alleges that on 15th August police officers from the Mahinyanga Police and the Badulla police station have planted drugs in her daughter’s house and had arrested both her daughter and her son-in-law on fabricated charges after severely beating all family members. Podi Kumarihami too has been later beaten again and kicked by the OIC of the Mahinyanganaya Police. Podikumarihami demands justice and alleges that Mahiyangana Police acted in sheer revenge for failure to grab her land which would bring them profit by way of sand-mining in the area. 

This is yet another incident in a long series of harassments which have taken place over the years on her and which Podi Kumarihami who is a rural vendor, has persistently fought against. 

CASE NARRATIVE:

The Asian Human Rights Commission ( AHRC), has earlier reported on the case of Mrs Herath Mudiyanselage Podi Kumarihami of Mahiyanganaya, which relates to attempts by several police officers to grab a land which Podi Kumarihami owns and where she has been living for a long time.

Long series of harassments have taken place in the previous years but Podi Kumarihami who is a rural vendor, has persistently fought against all attempts to coerce her to sell her land. For details kindly see the previous statement please read here.

The most recent attack on her was on 15th August 2017, On that morning a group of police officers had arrived at her house stating that they came to arrest her on a Warrant. When she had informed them that there is no woman constable with the police group, the police officers had started beating her up and tried to take her by force.

At that time, when, her son in law, saw Podi Kumarihami being beaten up by the police, he came to rescue her with a mamoty in his hand. The police beat him as well. Following this incident at around 6.30 p.m. on the same day, two police officers had arrived at her property and while a group of police officers held her son-in-law outside the house, the officers proceeded to search her and her daughter’s house.

Then at around 6.30 in the evening, about 11 police officers, belonging to the Badulla and Mahinyangana police stations have arrived in two police jeeps bringing also one police dog with them and had begun to examine her daughter’s house.

At this stage her husband had also arrived in a three wheeler and the police officers had also asked him to assist them in finding cannabis and other drugs from her daughter’s house. Thereafter, the police claimed that they have found some cannabis and heroine in a cupboard belonging to her daughter. Then the police officers had come to search Podi Kumarihami’s house. Thereafter, between 11.30 – 12 pm in the night the police officer have recorded a statement from Podi Kuamrihami and arrested her son in law and took him away.

On 17th August 2017, at around 2 p.m. a group of police officers had again arrived in a jeep and on two motorcycles and had stopped near her house. The police officers had grabbed her daughter, and beat her up and put her in the police jeep.

When this happened, Podi Kumarihami had vehemently protested at the Mahiyangana Police Station and then the OIC of the Mahiyangana police had slapped her and she fell to the ground. Once she was on the ground the OIC had started kicking her.

After that when she got up on her feet another police officer had held her by her hair and dashed her head against the wall. Another Police officer threatened to shoot her if she spoke.

Now, Podi Kumarihami has been admitted to hospital and is taking treatment there.

An Affidavit submitted by Podi Kumarihami in Sinhala can be viewed HERE.

In Podi Kumarihami’s view, the Mahiyangana police, with the assistance of also the Badulla police is engaged in a very sophisticated operation to chase her family from their property with the view to allegedly acquire this property by some police officers. This attempt to acquire the property has been going on for several years, now. And now the police officers are engaged in a very planned operation to have some of the family members put in jail for a long period of time, by fixing false charges and thereby forcing the family out of the property.

Complaints have been made to the Human Rights Commission’s hotlines.

Podi Kumarihami fears for her future, and the future of her family, and the future of her property. She requests the Government, as well as judicial authorities, and police authorities to inquire into this matter and to take appropriate action to protect her rights. She also appeals to the public, including the Media to come to her rescue.

The Asian Human Rights Commission has consistently brought to the notice of the Government and the public, that there is a serious collapse of the judicial system in Sri Lanka and it states that the above case illustrates this situation and quite sharply.

SUGGESTED ACTION:

Please write to the Authorities listed below expressing your concern about this case. Kindly request an immediate investigation into allegations into the actions of the Mahiyangana and Badulla Police. Prosecution of those proven to be responsible under Criminal Law is imperative. The officers involved should also be subject to an internal investigation for breach of Police Departmental Orders. The AHRC will write a separate letter to the Special Rapporteur on torture in this regard.

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