SRI LANKA: Death of policeman on duty, suspected murder and cover up 

ASIAN HUMAN RIGHTS COMMISSION - URGENT APPEALS PROGRAMME

Urgent Appeal Case: UA-67-2004
ISSUES:

Dear friends,

The Asian Human Rights Commission (AHRC) is concerned about the death of Mr. Senarath Hettiarchchilage Abeysinghe (39) who was working as a reserve police constable at the Trincomalee Police Station, Sri Lanka. According to the police, on the morning of 17May 2004, Mr. Abeysinghe was found dead in his bed; he had died in his sleep. However, his relatives allege that the death was not due to natural causes or any disease, but was a case of murder. They also allege that the police are trying to cover up the case. More surprising is the fact that the doctors who conducted the autopsy upon the body did not reveal the cause of death to the relatives but still insisted that the deceased’s wife sign the papers.

Particularly worrisome is the fact that Mr. Abeysinghe had formerly complained about severe assaults upon him by fellow police officers and in fact he had to be hospitalized at the Tincomalee Hospital from 23 to 29 April 2004. Coupled with these facts and the circumstances in which Mr. Abeysinghe died and the manner in which his postmortem was done cast a shadow of doubt upon the entire incident.

AHRC is concerned about this case and your urgent action is required to pressure the local authorities to attend to this matter immediately so that the truth is revealed.

Urgent Appeals Desk
Asian Human Rights Commission (AHRC)
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DETAILED INFORMATION:

Name of the victim: Mr. Senarath Hettiarchchilage Abeysinghe, 39, Reserve Police Constable at the Trincomalee Police Station (Chest No. 42422)
Address of the victim: 16, Anada Methgama, Balangoda, Sri Lanka
Alleged perpetrators: Officers attached to the Trincomalee Police Station
Date of incident: 17 May 2004
Place of incident: Trincomalee Police Station

Case details:

Mr. Senarath Hettiarchchilage Abeysinghe (39) was employed as a Reserve Police Constable bearing the number 42422. He had two sons and a daughter. On 17 May 2004, Mr. Abeysinghe was found dead in his bed as if he had died in his sleep. He was stationed in the Trincomalee Police Station which is over 250 km east to Colombo City. He was working in the police mess where they supply food to the other officers on duty.

The message of his death was given to his wife Ms. Chamila Prabhashini Elle Pathirana who was residing about 130 km south east of Colombo. On the same day Ms. Chamila and her father left for Trincomalee through Colombo and reached there at about 9:30 p.m. The police provided them a place to stay for the night.

On 18 May 2004, the police had made the necessary arrangements for the inquiry. At the inquest Ms. Chamila told the doctor who conducted the autopsy, that she had certain doubts about her husband’s death. Previously her husband had informed her of some incidents about a severe assault upon him and he was admitted at the Tincomalee Hospital (from 23 to 29 April 2004). Ms. Chamila states that it was the first time her husband was admitted in a hospital. When she inquired about these incidents he told her that he would give all the details later. Prior to him joining the police, her husband had been in the Gajaba Regiment of the Army and because of absence during holidays he was dismissed.

However, at the post-mortem, the doctors got to her sign a few papers and she obliged them without asking any questions. No one has given her and her father the clear cause of her husband’s death in spite of her inquires. Some have told them that it was a death due to natural causes, while others stated that he had died due to drinking. After the inquest the body was brought to the Trincomalee Police Station. On the same day (18 May 2004), the victim’s body was taken to Balangoda with police escort. The police officers at the Trincomalee Police Station arranged for the coffin and other incidental expenses. Before the funeral the victim’s wife was paid Rs. 25,000 from the welfare fund. The funeral was on 20 May 2004 with police honours. It was informed by the policemen at the station that the deceased was on duty even when he died as he had not signed off.

Ten days later when Ms. Chamila opened the bag that contained the clothes of the victim, she discovered some papers from one of his shirts. There was a photocopy of a letter sent to the Human Rights Committee in Trincomalee while Mr. Abeysinghe was in hospital, for which there was a prompt reply from the Human Rights Committee signed by Ms. V. Mathiyaparam on 28 April 2004. Ms. Chamila also discovered the diagnosis report from the hospital issued on 29 April 2004, which indicates that Mr. Abeysinghe was a victim of police torture. The photocopy of a letter and medical reports indicate that there is a reasonable ground for suspicion in this case. According to the information provided by Ms. Chamila, her husband Mr. Abeysinghe usually maintains a diary and this could not be located and it was not handed over to his wife by the police officers.

When Abeysinghe was alive, he had told his wife that he had problems with his Mess Manager Mr. Jayatileke. According to the complaint sent to Trincomalee Human Rights Committee, he had indicated that Mess Manager Mr. Jayatileke had attacked him with a wooden stick used for cooking rice.

SUGGESTED ACTION:
Send a letter, fax or email to the addresses below and express your concern of this serious case.
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: SRI LANKA: Death of policeman while on duty, suspected murder and cover up

Name of the victim:
 Mr. Senarath Hettiarchchilage Abeysinghe aged 39, Reserve Police Constable at the Trincomalee Police Station (Chest No. 42422)
Address of the victim: Mr. Senarath Hettiarchchilage Abeysinghe, aged 39 years, Anada Methgama, Balangoda, Sri Lanka.
Alleged perpetrators: Officers of the Trincomalee Police Station
Date of incident: 17 May 2004

I am writing to bring to your attention the suspicious death of Mr. Senarath Hettiarchchilage Abeysinghe. 

According to the information I have received, the circumstances under which Mr. Abeysinghe died are highly suspicious and apparently the police is trying to hide the details of the death. The very fact that Mr. Abeysinghe had suffered physical assault in the recent past from his colleagues and that he had been admitted in the hospital for treatment of injuries that he suffered and that he had complained to the Human Rights Commission also makes the allegation of suspicious death made by the wife of the deceased to be true.

In this context I would also like to invite your attention to the fact that while the autopsy was conducted in spite of the request of the deceased's wife, the doctor who conducted the autopsy did not reveal the case of death, though it was known to him. This not only is a violation of the duty of the doctor as a government servant, but also is a violation of his professional ethics and duty to the community he serves.

Going by the facts of the case, it seems that Mr. Abeysinghe's death was not due to any natural causes or due to any ailment, but as it is alleged by his wife and relatives, a case of murder. Unless the case is independently investigated by responsible officers who are not attached to Trincomalee Police Station and the postmortem report is made public, the cloud of suspicion can not be removed in this case. More importantly, if the case is that of murder, the perpetrators should be punished in accordance with the law of the country.

I therefore urge you to take immediate steps through your office so that an independent and impartial inquiry is ordered in this case and the truth is brought to light. 

Sincerely yours,



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Thank you.

Urgent Appeals Programme 
Asian Human Rights Commission (AHRC)
Document Type : Urgent Appeal Case
Document ID : UA-67-2004
Countries : Sri Lanka,