SRI LANKA: 31 Rohingya refugees harassed, threatened, warned by unruly mob and Police

Dear Friends,

Asian Human Rights Commission has received information regarding the case of 31 Rohingya refugees. They were harassed, threatened and warned with more violent assaults unless they left the country. These actions were carried out by a well-organized group. The refugees comprised 16 children, 7 women and 8 adult men. They were all under the protection and the assistance of the Sri Lankan Country Office of the United Nations High Commissioner of Refuges (UNHCR). Their house of shelter was directly under UNHCR auspices. On 26 September 2017, a large mob of religious leaders, policemen and hundreds of young men surrounded the shelter house. They forcefully entered the premises. Police officers who were present did not provide proper security for the victims. They did not follow the Rule of Law by enforcing the Law against the unruly mob. Later, one Police Officer attached to the regular police force was identified as participating in the violent activities. Following the Judicial Order, the victims were transferred to Boossa Detention Center in Galle District. Concerned parties, state that Police acted arbitrarily and violated the Law. Law Enforcement Agencies, especially Senior Police Authorities turned a blind eye to the complaints made to them to protect their fellow Police Officers. It is the duty of the Law Enforcement Authorities to provide justice for the victims by bringing all responsible individuals before a Court of Law.

Case Narrative:

Information has been received by the Asian Human Rights Commission concerning 31 Rohingya refugees. After arriving in Sri Lanka they have been harassed, their lives threatened and continuously warned they will be killed if they do not leave the country on 26 September 2017 at the Mount Lavinia Police Division.

All 31 refugees first came from Burma due to the conflict there. Later they were accepted by the United Nations High Commissioner for Refugees’s Office (UNHCR) as Refugee Claimants. They were provided shelter by the UNHCR in a safe house in Mount Lavinia within the Great Colombo Area. 
The group consisted of 16 children, 7 women and 8 adult men. They are all named and individually registered under the protection and assistance of the Sri Lankan Country Office of the United Nations High Commissioner of Refuges (UNHCR). The shelter house was directly under the aegis of The UNHCR office.

On 26 September 2017, a large gathering of people surrounded the shelter house. Police Officers attached to the Mount Lavinia Headquarters Police Station also arrived on the scene.

This mob started to harass, threaten and warn the refugees with more violent assaults unless they left the country. This mob behaved as a well-organized group. They openly accused the detainees of being members of a terrorist group. They mentioned that the detainees were evicted from Burma due to their terrorist activities. The Police did not take any action to stop the violent activists.

It was very clear that the perpetrators were committing crimes in front of the Police. The Criminal Procedure Code of the country allows Police Officers as ‘Peace Officers’ to arrest offenders who are committing crimes of this sort. Obviously the Officers simply allowed the perpetrators to continue with their aggressive behavior.

This large mob consisted of religious leaders, policemen and hundreds of young men who surrounded the shelter house and forcefully entered the premises. There was patent evidence of committing the crime of illegal trespass on UN Premises. But the Officers remained silent.

Police Officers present did not provide adequate security for the victims. Police have a Duty of Care to protect the lives and property of every resident in the country. They were negligent. The Rule of Law was not implemented. They did not enforce the Law against the rowdy mob.

One Police Officer identified as being attached to the regular Police Force participated in these violent activities. His name is Police Constable (PC) Prageeth Chanaka Gunetilleke. He is 40 years old and a resident of Maha Wadduwa, Wadduwa in the Kalutara District.

After some time passed, Police Officers brought all 31 detainees from the shelter house and later produced them before the Mount Lavinia Magistrate. Following the Judicial Order, the victims were transferred to Boossa Detention Center in Galle District.

Concerned parties, state that Police acted arbitrarily and violated the Law. Law Enforcement Agencies, especially Senior Police, turned a blind eye to the complaints made to them so as to protect their fellow Police Officers. It is the duty of Law Enforcement Authorities to provide justice for the victims by bringing all responsible individuals before a Court of Law.

Three days later, Police arrested 7 culpable persons and one Buddhist monk. But they did not arrest the suspected Police Constable. One week later, on 2 October 2017, the Police Officer surrendered to the Colombo Crime Division (CCD). This plainly shows the delaying-tactic approach of Law Enforcement Officers.

Suggested Action:

Please send a letter to the Authorities listed below expressing your concern about this case. Request an immediate investigation. Look into: the allegations of gross human rights violations against 31 Rohingya refugees by an unruly mob; not investigating the crimes of Police perpetrators; prosecuting those proven to be responsible under Criminal Law for misusing the powers of the State. All Officers involved should face an internal investigation for breach of Police Departmental Orders. Kindly request the National Police Commission and the Inspector General of Police to open a special investigation into the malpractices of Police Officers who abuse their powers.

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