Dear friends
The Asian Human Rights Commission (AHRC) is very much concerned that an innocent young man named Wanigabaduge Mahinda has been shot arbitrarily by a police officer attached to the Wattala Police on 13 May 2004. As a result of the shooting the victim’s hand has been severely injured and the victim is unable to use his hand presently.
According to the information we have received, the victim was trying to help two plain clothed policemen who arrived near the victim’s house looking for the victim’s neighbour (the suspect). When the suspect tried to flee, the police fired at him and the shot hit Mahinda’s arm injuring him. The victim has been hospitalised for over one week during which the police filed a fabricated report distorting the facts of the case. The victim reported the case to the National Human Rights Commission and National Police Commission on 23 May 2004.
This case is another example of the arbitrary use of excessive force by the Sri Lankan police, victimising an innocent bystander. To make matters worse, the police have tried to distort the facts of the case in order to justify their actions. This is not the first time officers attached to the Wattala Police Station have acted arbitrarily. In the case of Gerald Perera who was severely beaten up and who had to be put on a life-support system, due to brutal torture by the officers attached to the Wattala Police. Later the Supreme Court of Sri Lanka awarded Gerald Perera the highest compensation ever awarded to a torture victim. In spite of this, the officers attached to the Wattala Police station have used excessive force arbitrarily once again, this time shooting an innocent man. Your urgent action is required to urge the local authorities to take effective action to remedy this matter immediately.
Urgent Appeals Desk
Asian Human Rights Commission (AHRC)
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DETAILED INFORMATION:
Name of victim: Wanigabaduge Mahinda (32, male, mechanic), husband of Disnayake Mudiyanselage Wasantha Jayamenike (28),
Residential address of the victim: 221/1F, Kerawalapitiya, Hendala, Wattala (North of Colombo in a small hamlet with new industrial centre coming up on a marshy land), Sri Lanka
Name of the alleged perpetrator: One Police Officer, Wattala Police Station, Negombo Road, Wattala, Sri Lanka
Date of incident: 13 May 2004
Case details:
On 13 May 2004 at around 10:00pm when Wanigabaduge Mahinda was sleeping in his house, there was a noise and he came outside to check. He saw a three-wheeler parked closed to his house. The visitors who arrived in the three-wheeler asked Mahinda to open the door of the neighbouring house. Then Mahinda’s brother who was sleeping in his house, forced open the door of the neighbour’s house, because the visitors informed him that they were from the Police. The two policemen were not wearing uniforms and were in plain clothes. The Policemen had come in search of one man named Baba Mahathaya (he is popularly known this way and it is not his real name), who was sleeping inside his house and his family had been out that night.
Then to the surprise of everyone, during the commotion of the forced opening of the door, Baba Mahathaya ran away from his house. When he ran out of the house, one of the policemen who had a rifle in his hand, tried to shoot at Baba Mahathaya. When the shot was fired, it hit Mahinda. Mahinda was injured as the bullet went through his right hand.
Then Mahinda shouted that the firing has injured him. After that the policemen took Mahinda in the three-wheeler to the Wattala Police Station, accompanied by his wife and brother. Then the police took him in a police vehicle to the Ragama Teaching Hospital and asked Mahinda’s wife to sign the admission papers. When she refused to do so the police signed the admission papers. The name of the police officer who signed the papers was Sub-Inspector (S.I) Anusha.
Later on the same night Mahinda was transferred to the National Hospital in Colombo because he was in a critical condition. Thereafter, Mahinda was treated for seven days in the hospital. Since there were no recording of any statements by the police about this shooting, on 17 May 2004, the Mahinda’s relatives recorded a statement at the Peliyagoda Police Station. They did not go to the Wattala Police Station, knowing that justice will not be meted out to them there. Consequently, on 20 May 2004, a person, possibly from the police, came to the National Hospital to record a statement.
There had been no search warrant when the police arrived to arrest Baba Mahathaya. The people were ignorant to ask for such a warrant, simply obeying police instructions. No warning was given to Baba Mahathaya or Mahinda about the intention to shoot. There was no senior officer at the scene to give orders to use firearms. The policeman on duty had taken the law onto himself and shot an innocent civilian who came to help the policemen. There was no call by the police for Baba Mahathaya to halt before firing.
These acts by the officer has violated Article 4 which instructed law enforcement officers should apply non-violent means before resorting to the use of force and firearms. Also, Article 9 states, “Law enforcement officials shall not use firearms against persons except in self-defence or defence of others against the imminent threat of death or serious injury, to prevent the perpetration of a particularly serious crime involving grave threat to life to arrest a person presenting such a danger and resisting their authority, or to prevent his or her escape, and only when less extreme means are insufficient to achieve these objectives. In any event, international lethal use of firearms may only be made when strictly unavoidable in order to protect life.” Article 10 further states, “In the circumstances provided for under principle 9, law enforcement officials shall identify themselves as such and give a clear warning of their intent to use firearms, with sufficient time for the warning to be observed, unless to do so would unduly place the law enforcement officials at risk or would create a risk of death or serious harm to other persons, or would be clearly inappropriate or pintless in the circumstances of the incident.”
After the incident, the policemen concerned fabricated a story by stating that the culprit (i.e. Baba Mahathaya) was trying to grab the rifle from the policeman and the rifle was fired accidentally, causing Mahinda to be injured. The police have requested Mahinda and his relatives to make a statement to this effect.
Mahinda is the sole breadwinner and unable to use his right hand while his fingers are withered. The victim has informed the National Human Rights Commission and the National Police Commission of this incident on 23 May 2004.
This case is another example of the arbitrary use of excessive force by the Sri Lankan police, victimising an innocent bystander. The action by the relevant police officer has been in contravention of the United Nations Basic Principles on the Use of Force and Firearms by the Law Enforcement Officials.
SUGGESTED ACTION:
Please send a letter, fax or email to following addresses and express your concern about this serious case.
1. Ms. Chandrika Bandaranaike Kumaratunga
President
Democratic Socialist Republic o°>Ãwë f Sri Lanka
Presidential Secretariat
Colombo-1, Sri Lanka
Fax: +94 11 2 333 703
2. Hon. Mr. K. C. Kamalasabesan
Attorney General
Attorney General’s Department
Colombo 12
SRI LANKA
Fax: +94 11 2 436 421
Email: attorney@sri.lanka.net or counsel@sri.lanka.net
3. Mr. Ranjith Abeysuriya PC
Chairman National Police Commission
69-1 Ward Place, Colombo 7
SRI LANKA
Fax: +94 11 2 669 128 / 691 926
Fax HOME: +94 11 2 674148
E-mail: polcom@sltnet.lk
4. Inspector General of Police (IGP)
New Secretariat
Colombo 1,
SRI LANKA
Fax: +94 11 2 381394/ 446174
5. Dr. Radhika Coomaraswamy
Chairperson
National 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
