Dear friends,
The Asian Human Rights Commission (AHRC) is deeply concerned about the murder of Madugoda Ralalage Don Saman Priyantha Guneratna (29) by the officers from the Welipenna Police Station on 30 May 2004. The alleged reason of the murder is that the Sub Inspector Mr. Silva of the Welipenna Police Station wanted revenge for the fact that he had earlier been refused by the murder victim’s fiancée.
It is very shocking to learn that the same police officer Mr. Silva, who is an alleged perpetrator in the case of K. P. Tissa Kumara, is also involved in this murder case. AHRC has previously issued urgent appeals about K. P. Tissa Kumara who was brutally tortured by Mr. Silva in police custody and in whose mouth a TB patient was forced to spit.. Kumara consequently acquired tuberculosis. (To see detailed case information, please visit:
UA-18-2004: Severely injured torture victim need urgent medical treatment
UP-21-2004: The torture victim acquires tuberculosis by the direct action of the police
UP-22-2004: Tuberculosis patient kept in solitary cell due to fabricated charges by police
AHRC calls for your urgent intervention into this serious matter. Please send letters to the local authorities requesting them to provide immediate independent inquiry in the incident.
Urgent Appeals Desk
Asian Human Rights Commission (AHRC)
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DETAILED INFORMATION:
Name of the victim: Madugoda Ralalage Don Saman Priyantha Guneratna (29), Meegama, Sri Lanka
Name of alleged perpetrator: Sub-inspector (S.I.) Silva and other officers of the Welipenna Police Station at Kathutrara District, Sri Lanka
Date of the incident: 30 May 2004
Case details:
Guneratna was a businessman engaged in dealing with building materials. He ran his business at the residence of his fiancé and she was the major investor in his business. She is a widow and her former husband was a soldier in the army who died in action. According to her, after her husband died, she was harassed by Sub Inspector Silva attached to the Welipenna Police Station, who pressured her to have a sexual relationship with him, which she refused. On refusal she was harassed by way of night visits and other unsolicited approaches by Mr. Silva. Even though she complained to the police against this behavior, no action has been yet taken. In the meantime, she developed a relationship with Guneratna.
Guneratna was murdered by two officers of the Welipenna Police Station on 30 May 2004 at about 7.30 pm. He was shot with a T56 while returning home by car. Eyewitnesses said that the two police officers tried to escape from the spot after shooting Guneratna and the villagers apprehended them and did not allow them to leave. After being apprehended by the villagers, the two officers justified their action and defended themselves saying that they had to shoot Guneratna because he did not stop his car. The police further stated that Guneratna was transporting illicit timber, however, eyewitnesses said that his vehicle was empty at that time.
When Matugama Magistrate started the magisterial inquiry on 8 June 2004, an attorney at law appeared on behalf of the victim. The following facts were brought to the attention of the magistrate:
a) The police version of the victim transporting illegal timber is fabricated.
b) The two police officers were in civilian clothes.
c) The two police officers were using a private motorcycle.
d) They tried to escape after the shooting.
e) The projectile removed from the head of the victim at the postmortem when handed over to the police was taken away by the police without proper sealing.
f) There are many eyewitnesses who had come forward to give evidence but the police had not recorded their testimonies.
The above matters were brought to the attention of the inquiring magistrate, but the magistrate did not make any orders or observations on these matters. The Assistant Superintendent of Police, Mr. Kalutara is in charge of the collection of evidence at the inquiry. However, the victim’s relatives are of the view that the police inquiry was not conducted in a fair manner and on the contrary they were attempting to fabricate the facts to get a verdict of justifiable homicide.
The Officer in Charge of the Welipenna Police Station and the suspected officers must be immediately suspended and transferred from the station. The inquiry should be handed over to a Special Unit for a proper investigation, and the inquiry/trial should be held in a different district magistrate’s court.
SUGGESTED ACTION:
Send a letter to:
1. Ms. Chandrika Bandaranaike Kumaratunga
President
Democratic Socialist Republic of 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
6. Mr. Theo C. van Boven
Special Rapporteur on the Question of Torture
OHCHR-UNOG, 8-14 Avenue de la Paix
1211 Geneva 10
SWITZERLAND
Fax: +41 22 917 9016
To support this case, please click here: SEND APPEAL LETTER
SAMPLE LETTER
Dear _____________
Re: Extra-Judicial Killing of M. R. D. S. Guneratna by officers of Wellipenna police
Name of the victim: Madugoda Ralalage Don Saman Priyantha Guneratna (29), Meegama, Sri Lanka.
Name of alleged perpetrator: Sub-inspector (S.I.) Silva and other officers of the Welipenna Police Station at Kathutrara District, Sri Lanka
Date of the incident: 30 May 2004
I am shocked to learn about another serious case from the same police station where a TB patient was forced to spit into the mouth of a detainee, K.P. Tissa Kumara, who acquired tuberculosis.
The police claimed that they shot Guneratna because he did not follow their order to stop his car as he was transporting illicit timber. However, eyewitnesses said that his vehicle was empty at that time.The victim's family insisted that the reason for the killing is that the Sub Inspector Mr. Silva of the Welipenna Police Station wanted revenge for the fact that he had earlier been refused by Guneratna's fiancée. At the time of incident, the two police officers were in civilian clothes and they were using a private motorcycle. It is also reported that the police had not recorded the testimonies of them even though many eyewitnesses had come forward to give evidence.
The above matters were brought to the attention of the inquiring magistrate, but the magistrate did not make any orders or observations on these matters. The above matters were brought to the attention of the inquiring magistrate, but the magistrate did not make any orders or observations on these matters. The Assistant Superintendent of Police (ASP), Mr. Kalutara is in charge of the collection of evidence at the inquiry but the victim's relatives said that the police inquiry was not conducted in a fair manner and on the contrary they were attempting to fabricate the facts to get a verdict of justifiable homicide. Therefore, I strongly urge you to order a proper inquiry by a Special Unit, not by the supervising ASP.
Also, despite the earlier TB case of K.P. Tissa Kumara and the present case, the Officer In Charge (OIC) of the Welipenna Police Station is still serving at the same police station and the Sub Inspector Silva, who is the accused of the TB case, is also continuing his work at the same station. The Officer in Charge of the Welipenna Police Station and the suspected officers must be immediately suspended and transferred from the station. I also urge you to take serious action on this matter by way of thorough investigations and quick prosecution of the offenders. I request you to ensure the security of the victim's fiancé and witnesses while the investigation is going on. I further urge you to ensure that the magisterial inquiry must be conducted in a place outside the influence of the particular police station. The conduct of the Welipanna Police including its higher officers must be investigated.
Sincerely yours,
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Thank you.
Urgent Appeals Programme
Asian Human Rights Commission (AHRC)
