SRI LANKA: Arrest and detention of a man in lieu of his son by the Kahawatte police

ASIAN HUMAN RIGHTS COMMISSION - URGENT APPEALS PROGRAMME

Urgent Appeal Case: UA-159-2007
ISSUES: Arbitrary arrest & detention,

Dear friends,

The Asian Human Rights Commission (AHRC) has received information that a 53-year-old man, Mr. Premasiri Uduwatte, was allegedly threatened, arrested and briefly detained in lieu of his son by the Kahawatte police on 26 March 2007. The arrest was alleged to have been instigated by a wealthy gem merchant in the area. The victim was only allowed to leave the police station after he promised to produce his son to the police station the following day.

CASE DETAILS:

On 26 March 2007, at about 7:30pm Mr. Premasiri Uduwatte was returning home along the Colombo-Badulla Road when a Pajero Jeep stopped nearby at the junction of Kuttapitiya. Sub Inspector (SI) Rodrigo of the Kahawatte Police Station and two others were seen alighting from the said vehicle. SI Rodrigo ordered Mr. Uduwatte to get inside the Jeep. Another policeman who was in uniform came in front of Mr. Uduwatte and pointed his T-56 machine gun at him. Mr. Uduwatte asked the policemen why he was being treated such way. Instead of getting a reply, the police however counter-questioned him if he knew about ‘what his son had been up to’.

Mr. Uduwatte noticed that the private ¡§Pajero’ Jeep was being driven by one Weeraratna alias Mahathun¡Xa wealthy gem merchant. Along the way, when the vehicle they were riding on reached an isolated area Mahathun suggested to the police that Mr. Uduwatte should be ‘given two or three shots’ before taking him towards their police station but the police refused. Later they took Mr. Uduwatte to the police station where he was produced before Officer-in-Charge (OIC) Muthukuda. The OIC informed Mr. Uduwatte that his son had beaten up Mahathun’s son and had been confined at the hospital. OIC Muthukuda then asked Mr. Uduwatte of his son’s whereabouts.

Mr. Uduwatte then told OIC that he would accompany his son to the police station but requested them that he wanted to visit the hospital first where Mahathun’s son is supposedly confined to check whether he was indeed hospitalised. The next day March 27, Mr. Uduwatte took his son Buddhika Sri Jayanath Uduwatte to the police station. But Mr Uduwatte was extremely disturbed by the manner how the police could have been influenced by Mahathun who instigated in threatening him, and subsequently illegally arrest and detain him without charged in lieu of his son.

Mr. Uduwatte had already filed a complaint before the concerned authorities, in particular the Inspector General of Police (IGP), the Human Rights Commission and the National Police Commission (NPC). The victim had requested these authorities for them to initiate appropriate disciplinary and legal sanctions against the policemen involved attached to the Kahawatte Police.

SUGGESTED ACTION:

Please write to the relevant authorities listed below and urge them to take appropriate legal and disciplinary action against the policemen involved. An independent investigation must be conducted into the policemen’ arbitrary acts of illegally arresting and detaining Mr. Premasiri Uduwatte without any complaint or charged in lieu of his son of what appears to be instigated by a wealthy merchant in the area.

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SAMPLE LETTER

Dear _________,

SRI LANKA: Arrest and detention of man in lieu of his son by the Kahawatte police

Name of victim: Premasiri Uduwatte, 53 years old, a resident of 20 B, Galpottawala, Palmadulla. He has three children.
Name of alleged perpetrators:
1. Mr. Muthukuda, Officer in Charge (OIC) of the Kahawatte Police Station
2. Sub Inspector (SI) Rodrigo and other policemen of the Kahawatte Police Station
3. Weeraratna alias Mahathun, a wealthy gem merchant
Place of incident: At the junction of Kuttapitiya on the Colombo-Badulla Road and the Kahawatte Police Station
Date of incident: 26 March 2007

I am writing to express my grave concern regarding the alleged threat, illegal arrest and brief detention of Mr. Premasiri Uduwatte in lieu of his son by policemen of the Kahawatte Police, in particular Sub Inspector (SI) Rodrigo. I am shocked that the victim has been arrested and detained without any valid complaint of what appears to be upon the instigation of a wealthy person.

Accordingly to the information I have received, on 6 March 2007, it was about 7:30pm when Mr. Premasiri Uduwatte was stopped by Sub Inspector (SI) Rodrigo of the Kahawatte Police Station and his two other companions at the junction of Kuttapitiya along the Colombo-Badulla Road. One of the policemen allegedly threatened Mr. Uduwatte by pointing his T-56 machine gun at him and forced him towards the service vehicle they are riding on. It is reported that the policemen were riding on a private vehicle, ‘Pajero’ Jeep, which was said to be driven by Weeraratna alias Mahathun, a wealthy gem merchant.

Before Mr. Uduwatte was taken to the Kahawatte Police Station, I have learned that Mahathun allegedly instigated the policemen to ‘give [the victim] two or three shots’ but the policemen refused. Mr. Uduwatte was produced before Officer-in-Charge (OIC) Muthukuda and started questioning him regarding his son’s involvement in allegedly assaulting Mahathun’s son. OIC Muthukuda also asked Mr Uduwatte of his son’s whereabouts. Had Mr Uduwatte not gave assurance to the policemen that he would produce his son, Buddhika, to police station the following day they would have not allowed him to leave.

I am extremely disappointed by the police’ action in this case. I therefore urge you to ensure that the policemen involved be investigated to answer the allegation against them. They must be imposed with proper disciplinary sanction without delay. For the police to arrest a person without any complaint or charged on behalf of another person is completely unacceptable.

The relevant authorities, in particular the Inspector General of Police, Human Rights Commission and the National Police Commission, where the victim’s complaint have been filed must seriously act on this matter with promptness. They must take appropriate disciplinary and legal action against the policemen involved.

I look forward to your prompt 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. C.R. De Silva 
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

5. Prof. Manfred Nowak
Special Rapporteur on the Question of Torture
Attn: Safir Syed
c/o OHCHR-UNOG
1211 Geneva 10
SWITZERLAND
Tel: +41 22 917 9230
Fax: +41 22 917 9016 (ATTN: SPECIAL RAPPORTEUR TORTURE)

Thank you.

Urgent Appeals Programme
Asian Human Rights Commission (ahrchk@ahrchk.org)

Document Type : Urgent Appeal Case
Document ID : UA-159-2007
Countries : Sri Lanka,
Issues : Arbitrary arrest & detention,