Dear Friends,
The Asian Human Rights Commission (AHRC) has received information regarding Kodithuwakku Kankanamage Chaminda Kumara (24) resident of Kantale Police Division. On 19 June 2017, five Kantale Police Station Officers illegally arrested Kumara and detained him at the station. The next day he was produced before the Kantale Magistrate charged with participating in a protest against the Police. The victim refuted the accusation. He stated that the Police acted arbitrarily and illegally against him and violated the Law.
Case Narrative:
The Asian Human Rights Commission has received information regarding Mr. Kodithuwakku Kankanamage Chaminda Kumara (24) of No: 164, Trincomalee Road, Kantale in the Trincomalee District.
Kumara is single, living with his parents and job-hunting.
Late evening of 3 June 2017, Kumara learned that three young persons of the village were tortured in public, by Police Officers of the Kantale Police Station. Kumara did not see the incident, did not participate actively even as an on-looker. He heard about the incident from his neighbors but never personally knew of the victims or the incident.
After the event, at 8 p.m., he learned that all 3 young boys, the victims of police torture, were admitted to the Kantale Base Hospital for treatment as in-patients. Kumara wanted to visit the patients and support them. At this time he was at home watching Television and napping.
Several days later, on 19 June, a team of 5 Police Officers went to his home and questioned his parents about their son. Kumara appeared before the Officers affirming his identity. They requested that he join them in the police jeep parked outside. As he approached the jeep he was forcefully grabbed, pushed in the vehicle and immediately brought to the Kantale Police Station. He understood that he was under arrest and questioned the reason for his arrest. The Officers would explain nothing.
At the police station he was put in a cell. The next morning, 20 June, he was brought to the Kantale Magistrate Court and produced before the Magistrate. He was still not aware why he was arrested, detained and produced before the Courts.
Before the Judge he learned that the Police were accusing him of participating in the Police Protest. In the Court he was informed that the Police were investigating whether he obstructed Police operations. Given the opportunity before the Magistrate, Kumara with no lawyer, explained to the Judge that he never committed any crime directly or indirectly and was not aware of committing a crime. The Magistrate released him on bail. But he was told that he should explain to the Officers investigating the crime exactly where he was and what he was doing during the Protest. Kumara then returned home.
Kumara states that he was illegally arrested and held in a cell by Kantale Police. He said Police violated his fundamental rights guaranteed by the Constitution.
Suggested Action:
Please send letters to the Authorities listed below expressing your concern about this case. Request an immediate investigation into the allegation of illegal arrest by Police. Under Criminal Law, prosecute those proved to be responsible for misusing the powers of the State. Officers involved should face an internal investigation for breach of Police Departmental Orders. Please request the National Police Commission (NPC) and the Inspector General of Police (IGP) to open a special investigation into the malpractice of Police Officers who abuse their powers.
To support this case, please click here: SEND APPEAL LETTER
SAMPLE LETTER
Dear _______
SRI LANKA: Innocent man illegally arrested for allegedly participating in a protest against Police
Name of Victims: Mr. Kodithuwakku Kankanamage Chaminda Kumara (24) of No: 164, Trincomalee Road, Kantale in the Trincomalee District
Alleged perpetrators: Police Officers attached to the Kantale Police Station
Date of incident: On 19 June 2017
Place of incident: Kantale Police Division
According to information I have received Mr. Kodithuwakku Kankanamage Chaminda Kumara (24) of No: 164, Trincomalee Road, Kantale in the Trincomalee District. Kumara is single, living with his parents and job-hunting.
Late evening of 3 June 2017, Kumara learned that three young persons of the village were tortured in public, by Police Officers of the Kantale Police Station. Kumara did not see the incident, did not participate actively even as an on-looker. He heard about the incident from his neighbors but never personally knew of the victims or the incident.
After the event, at 8 p.m., he learned that all 3 young boys, the victims of police torture, were admitted to the Kantale Base Hospital for treatment as in-patients. Kumara wanted to visit the patients and support them. At this time he was at home watching Television and napping.
Several days later, on 19 June, a team of 5 Police Officers went to his home and questioned his parents about their son. Kumara appeared before the Officers affirming his identity. They requested that he join them in the police jeep parked outside. As he approached the jeep he was forcefully grabbed, pushed in the vehicle and immediately brought to the Kantale Police Station. He understood that he was under arrest and questioned the reason for his arrest. The Officers would explain nothing.
At the police station he was put in a cell. The next morning, 20 June, he was brought to the Kantale Magistrate Court and produced before the Magistrate. He was still not aware why he was arrested, detained and produced before the Courts.
Before the Judge he learned that the Police were accusing him of participating in the Police Protest. In the Court he was informed that the Police were investigating whether he obstructed Police operations. Given the opportunity before the Magistrate, Kumara with no lawyer, explained to the Judge that he never committed any crime directly or indirectly and was not aware of committing a crime. The Magistrate released him on bail. But he was told that he should explain to the Officers investigating the crime exactly where he was and what he was doing during the Protest. Kumara then returned home.
Kumara states that he was illegally arrested and held in a cell by Kantale Police. He said Police violated his fundamental rights guaranteed by the Constitution.
I request the intervention of your good offices. Ensure that the Authorities listed below open an immediate investigation into the allegation of violation of the fundamental rights of the victim by Officers of the Sri Lanka Police Department. The Officers involved should be subject to an internal investigation for breach of Police Departmental Orders.
Yours sincerely,
———————
PLEASE SEND YOUR LETTERS TO:
1. Mr. Pujith Jayasundara
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 Program
Asian Human Rights Commission (ua@ahrc.asia)
