SRI LANKA: Onlooker arrested for watching protest against Police

ASIAN HUMAN RIGHTS COMMISSION - URGENT APPEALS PROGRAMME

Urgent Appeal Case: AHRC-UAC-140-2017
ISSUES: Administration of justice, Arbitrary arrest & detention, Impunity, Rule of law,

Dear Friends,

The Asian Human Rights Commission (AHRC) has received information regarding Mr. Morawatthegedara Nuwan Vijitha (26) of Kantale Police Division. On 15 June 2017, 3 Police Officers of the Kantale Police Station illegally arrested Nuwan 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. From the time of his arrest Nuwan categorically denied the allegation. He explained that he was a three-wheeler driver on duty driving his vehicle. He stopped momentarily to watch what was happening on the roadside. He did not commit any crime and refuted the accusation. The Police acted arbitrarily and illegally against him, violating the Law.

Case Narrative:

The Asian Human Rights Commission has received information regarding Mr. Morawatthegedara Nuwan Vijitha (26) of No: 17/1, Bhathiyagama, Kantale in the Trincomalee District. Nuwan is single, living with his parents and working as a three-wheeler driver. Nuwan parks his three-wheeler in Kantale Town, providing service on demand for the general public.

On 13 June 2017, after finishing his work, he started to go back home on his three-wheeler. On the way back he learned that a large number of people were protesting and appealing to the Police. They were of the opinion that they violated the rights of three young men. Nuwan stopped his vehicle and watched what was going on but never came off his vehicle. He never joined the protestors. He never shouted at the Police or made any demands of them. He stayed there for ten minutes, left, and returned home.

On 15 June, while he was in Kantale Town, 3 Kantale Police Station Officers approached and arrested him. He was given no reason for his arrest. He was brought to the Kantale Police Station and held in a cell. In the evening he was produced before the Magistrate and released on bail. He was accused of obstructing the duties of the Police.

Nuwan states that he was illegally arrested, detained in a cell and produced in the Courts on fabricated charges by Kantale Police. He said they 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 recommend the National Police Commission (NPC) and the Inspector General of Police (IGP) 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: onlooker arrested for watching protest against Police

Name of Victims: Mr. Morawatthegedara Nuwan Vijitha (26) of No: 17/1, Bhathiyagama, Kantale in the Trincomalee District

Alleged perpetrators: Police Officers attached to the Kantale Police Station

Date of incident: On 15 June 2017

Place of incident: Kantale Police Division

According to information I have received Mr. Morawatthegedara Nuwan Vijitha (26) of No: 17/1, Bhathiyagama, Kantale in the Trincomalee District. Nuwan is single, living with his parents and working as a three-wheeler driver. Nuwan parks his three-wheeler in Kantale Town, providing service on demand for the general public.

On 13 June 2017, after finishing his work, he started to go back home on his three-wheeler. On the way back he learned that a large number of people were protesting and appealing to the Police. They were of the opinion that they violated the rights of three young men. Nuwan stopped his vehicle and watched what was going on but never came off his vehicle. He never joined the protestors. He never shouted at the Police or made any demands of them. He stayed there for ten minutes, left, and returned home.

On 15 June, while he was in Kantale Town, 3 Kantale Police Station Officers approached and arrested him. He was given no reason for his arrest. He was brought to the Kantale Police Station and held in a cell. In the evening he was produced before the Magistrate and released on bail. He was accused of obstructing the duties of the Police.

Nuwan states that he was illegally arrested, detained in a cell and produced in the Courts on fabricated charges by Kantale Police. He said they 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 alleged violations 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)

Document Type : Urgent Appeal Case
Document ID : AHRC-UAC-140-2017
Countries : Sri Lanka,
Issues : Administration of justice, Arbitrary arrest & detention, Impunity, Rule of law,