Dear Friends,
Asian Human Rights Commission has received the information regarding the case of Mr. Sudarshana Wijekoon (49) who is resident of Wattegama Police Division. On 9 September 2017, team of police officers attached to the Wattegama Police Station forcefully entered and searched his house. The officers failed to present any tangible, credible evidence for their action and produce any search warrant issued by the court. Repeatedly several more days police harassed this family and accused them for drug peddling base on misinformation. Though the victims appeal to the police hierarchy demanding independently investigate the police unruly behavior and implement the rule of law against the police illegalities, it was not responded.
Case Narrative:
Sudarshana Wijekoon (49) of No: 41, Sirimalwaththe, Gunnepana, in Wattegama Police Division in Kandy District. He is married to Jeewana Kumari Ekanayake. They are having two children, daughter, Anju Wijekoon (21) and son, Nimesh Wijekoon (19). Sudarshana was employed at a Hotel in Sigiriya until May 2017. He had to quit his job to tend to his son who suffered a grave head injury as a result of a car accident. The family was relied with Anju’s salary, Sudarshana’s mother’s pension and the money provided by Jeewana who was employed abroad as a female migrant worker.
On the 9 of September 2017, around 12:30 pm, Sudarshana and Nimesh were getting ready to go to the barbershop, when three strangers dressed in civil attire barged in to their house asking for Sudarshana. Anju did not like the way these men were behaving and to conceal Nimesh from any scenario that would effect further on his already weakened mind after the accident, she sent him away. Once the men identified who Sudarshana was, they grabbed him and asked him to “hand over the heroin”. Sudarshana was startled at this, but he denied having any knowledge of what they were asking. Then, one man threatened Sudarshana saying that they would arrest and imprison him. Then these men forcefully proceeded to search their house without providing any identifications as to who they were. While the search was going on, one man called up a third party and informed them that Sudarshana was not accepting the accusations and therefore they should come too. Following this call, a police jeep filled with police officers of Wattegama Police Station (including traffic police officers) arrived and they immediately surrounded the house. Some men who came in were dressed in civil attire and some were dressed in their police uniform.
The Officer-in-Charge (OIC) of Wattegama Police Station started questioning elderly, Mrs. Nanda (Anju’s Grandmother) as to how they were able to afford the things that they had if Sudarshana was unemployed. The reason the OIC provided for this is that police have received petitions from villagers. Then Sudarshana explained that his wife is in abroad and that his mother was receiving a pension and that his daughter is also employed and therefore they were managing their finances despite the fact that he was unemployed. He also explained his predicaments with his son and how he has resigned from his old occupation to take care of his son of fragile mental condition. At this, the OIC reproached him again saying that the reason why his son was in this condition is because even the son was up to no good when he was well capable.
Unable keep calm any longer, Anju stepped up and asked why her father was being hunted down like this. Then the OIC said that his father was a drug dealer and that she should ask her father for details because he would know. He then started to curse her and their entire family.
All this while there was a battalion of police officers searching the house. They failed to find anything in their house and then they moved on to getting help from a police dog to sniff out the incriminating goods. Having played all their cards and still failing to prove their accusation, the policemen left, threatening them that the next time they will arrest Sudarshana for certain.
Then taking their leave, the police asked for the details of Sudarshana, who at that time was not inside the house. The police then taken down the details of Nanda claiming that she was responsible for Sudarshana. Following this, the police made Nanda sign a document that was neither read out to her nor was given a chance to read and comprehend.
On the 10 September around 10 a.m., three men who came on the previous day came back to Sudarshana’s place and asked for Sudarshana, when Nanda said that he was not home, the men asked her to bring him over to the police. Nanda, who was now growing tired of this false accusations and bullying, protested this command saying she saw no reason for her to hand him over to the police. Then the men once again threatened her.
Around two weeks later again on 24 September, between 6:45 p.m. and 7 p.m., the police once again appeared at their doorstep demanding that they hand over Sudarshana. Since he was not home, Nanda informed the police that he was not home. She was accused of lying and hiding her son from law enforcement. The police then entered the hose forcefully and started searching their property without even providing a warrant. At this time, Anju and Nimesh both were home. Anju was in her bedroom with an aunt of her. They were preparing to go to bed and had turned the lights off. She saw a flash light being pointed at them and the light was soon followed by a group of policemen walking in to her room without the slightest warning.
During the search Nimesh, Anju, Nanda and the visiting aunt were asked to keep quiet and were asked not to even move in the slightest. They were also banned from using their mobile phones. Among the policemen dressed in uniform, there were also those in civil attire. While some were searching within the house, there were others who posted guard outside the house. During the search, around four policemen were keeping inside Sudarshana’s room without letting anyone else in. A while later, one policeman who was posting guard outside went in to his room and seconds later another man came out from the room holding a powder like substance on a piece of paper and thoroughly blamed Nanda for covering up for her son. Then a second man came out from the room holding a small plastic bag, again filled with the same substance. Both of them were reproaching Nanda and Sudarshana, and they commanded that Sudarshana should be handed over to the police immediately and if they fail to do so, the police have further threatened to make Sudarshana suffer the same fate as Ranga (A known captive of repeated drug busts in the district). They went on till around 11 p.m. before calling the search off and at the end of it, they again made Nanda sign a document. All the family members stated that police introduced some unknown substance and it was not recovered from their possession or from their house.
The following day, three men again came to their place in a three wheeler and once again asked for Sudarshana and again Nanda had told them that he was not in the house. Growing increasingly tired of this, Nanda and Anju went to the Theldeniya Police Station and made a complaint. Following the complaint, the police have called the Wattegama Police Station and have asked them to leave the innocent girl and her grand mother alone. Later they learned it from the police officers of the Theldeniya Police Station.
Before returning home, Anju had received a phone call from a neighbor asking her not to come home because their house was again surrounded by a battalion of policemen.
Sudarshana remains in hiding given the false accusations. After the scenario with the police men, Nimesh’s mental condition have gotten severe and he is in and out of consciousness refusing to eat or drink anything till his father returns home. Having endured repeated violations of privacy Anju had lost her job and now remains unemployed. Being outrageously accused, repeatedly disturbed and having being humiliated Sudarshana’s family remains utterly helpless.
Sudarshana and his family members state that police is continuously harassing them based on misinformation provided by the some villagers who are having personal disputes with them. The victims affirmed for their innocence and repeatedly accused the police for baselessly accusing for the crime that they have never committed. They are suffering from these continuous harassments of the police officers. They made several complaints to the Superintendent of Police (SP), and the Assistance Superintendent of Police (ASP) Kandy and requested for independent investigation in to these police harassments and pleaded them to take immediate actions to stop it. Still the neither superior officers have commenced any investigations.
The victim states that he and his family are being illegally harassed and baselessly accusing by the police officers. He states that police officers have violated fundamental rights guaranteed to them by the constitution of the country. They seek justice.
Suggested Action:
Please send a letters to the authorities listed below expressing your concern about this case and requesting an immediate investigation into the allegations of illegally harassing the victim and his family baselessly accusing by the police perpetrators, and the prosecution of those proven to be responsible under the criminal law of the country for misusing the powers of the state. The officers involved must also be subjected to internal investigations for the breach of the department orders as issued by the police department. Further, please also request the National Police Commission and the Inspector General of Police to have a special investigation into the malpractices of the police officers for abusing their powers.
To support this case, please click here: SEND APPEAL LETTER
SAMPLE LETTER
Dear ________,
SRI LANKA: Entire family is under harassment by the Wattegama Police
Name of Victims: Sudarshana Wijekoon (49) of No: 41, Sirimalwaththe, Gunnepana, in Wattegama Police Division in Kandy District
Alleged perpetrators:
1) OIC of the Wattegama Police Station
2) Several other officers attached to the Wattegama Police Station
Date of incident: 9 of September 2017
Place of incident: Wattegama Police Division
According to the information I have received, Sudarshana Wijekoon (49) of No: 41, Sirimalwaththe, Gunnepana, in Wattegama Police Division in Kandy District. He is married to Jeewana Kumari Ekanayake. They are having two children, daughter, Anju Wijekoon (21) and son, Nimesh Wijekoon (19). Sudarshana was employed at a Hotel in Sigiriya until May 2017. He had to quit his job to tend to his son who suffered a grave head injury as a result of a car accident. The family was relied with Anju’s salary, Sudarshana’s mother’s pension and the money provided by Jeewana who was employed abroad as a female migrant worker.
On the 9 of September 2017, around 12:30 pm, Sudarshana and Nimesh were getting ready to go to the barbershop, when three strangers dressed in civil attire barged in to their house asking for Sudarshana. Anju did not like the way these men were behaving and to conceal Nimesh from any scenario that would effect further on his already weakened mind after the accident, she sent him away. Once the men identified who Sudarshana was, they grabbed him and asked him to “hand over the heroin”. Sudarshana was startled at this, but he denied having any knowledge of what they were asking. Then, one man threatened Sudarshana saying that they would arrest and imprison him. Then these men forcefully proceeded to search their house without providing any identifications as to who they were. While the search was going on, one man called up a third party and informed them that Sudarshana was not accepting the accusations and therefore they should come too. Following this call, a police jeep filled with police officers of Wattegama Police Station (including traffic police officers) arrived and they immediately surrounded the house. Some men who came in were dressed in civil attire and some were dressed in their police uniform.
The Officer-in-Charge (OIC) of Wattegama Police Station started questioning elderly, Mrs. Nanda (Anju’s Grandmother) as to how they were able to afford the things that they had if Sudarshana was unemployed. The reason the OIC provided for this is that police have received petitions from villagers. Then Sudarshana explained that his wife is in abroad and that his mother was receiving a pension and that his daughter is also employed and therefore they were managing their finances despite the fact that he was unemployed. He also explained his predicaments with his son and how he has resigned from his old occupation to take care of his son of fragile mental condition. At this, the OIC reproached him again saying that the reason why his son was in this condition is because even the son was up to no good when he was well capable.
Unable keep calm any longer, Anju stepped up and asked why her father was being hunted down like this. Then the OIC said that his father was a drug dealer and that she should ask her father for details because he would know. He then started to curse her and their entire family.
All this while there was a battalion of police officers searching the house. They failed to find anything in their house and then they moved on to getting help from a police dog to sniff out the incriminating goods. Having played all their cards and still failing to prove their accusation, the policemen left, threatening them that the next time they will arrest Sudarshana for certain.
Then taking their leave, the police asked for the details of Sudarshana, who at that time was not inside the house. The police then taken down the details of Nanda claiming that she was responsible for Sudarshana. Following this, the police made Nanda sign a document that was neither read out to her nor was given a chance to read and comprehend.
On the 10 September around 10 a.m., three men who came on the previous day came back to Sudarshana’s place and asked for Sudarshana, when Nanda said that he was not home, the men asked her to bring him over to the police. Nanda, who was now growing tired of this false accusations and bullying, protested this command saying she saw no reason for her to hand him over to the police. Then the men once again threatened her.
Around two weeks later again on 24 September, between 6:45 p.m. and 7 p.m., the police once again appeared at their doorstep demanding that they hand over Sudarshana. Since he was not home, Nanda informed the police that he was not home. She was accused of lying and hiding her son from law enforcement. The police then entered the hose forcefully and started searching their property without even providing a warrant. At this time, Anju and Nimesh both were home. Anju was in her bedroom with an aunt of her. They were preparing to go to bed and had turned the lights off. She saw a flash light being pointed at them and the light was soon followed by a group of policemen walking in to her room without the slightest warning.
During the search Nimesh, Anju, Nanda and the visiting aunt were asked to keep quiet and were asked not to even move in the slightest. They were also banned from using their mobile phones. Among the policemen dressed in uniform, there were also those in civil attire. While some were searching within the house, there were others who posted guard outside the house. During the search, around four policemen were keeping inside Sudarshana’s room without letting anyone else in. A while later, one policeman who was posting guard outside went in to his room and seconds later another man came out from the room holding a powder like substance on a piece of paper and thoroughly blamed Nanda for covering up for her son. Then a second man came out from the room holding a small plastic bag, again filled with the same substance. Both of them were reproaching Nanda and Sudarshana, and they commanded that Sudarshana should be handed over to the police immediately and if they fail to do so, the police have further threatened to make Sudarshana suffer the same fate as Ranga (A known captive of repeated drug busts in the district). They went on till around 11 p.m. before calling the search off and at the end of it, they again made Nanda sign a document. All the family members stated that police introduced some unknown substance and it was not recovered from their possession or from their house.
The following day, three men again came to their place in a three wheeler and once again asked for Sudarshana and again Nanda had told them that he was not in the house. Growing increasingly tired of this, Nanda and Anju went to the Theldeniya Police Station and made a complaint. Following the complaint, the police have called the Wattegama Police Station and have asked them to leave the innocent girl and her grand mother alone. Later they learned it from the police officers of the Theldeniya Police Station.
Before returning home, Anju had received a phone call from a neighbor asking her not to come home because their house was again surrounded by a battalion of policemen.
Sudarshana remains in hiding given the false accusations. After the scenario with the police men, Nimesh’s mental condition have gotten severe and he is in and out of consciousness refusing to eat or drink anything till his father returns home. Having endured repeated violations of privacy Anju had lost her job and now remains unemployed. Being outrageously accused, repeatedly disturbed and having being humiliated Sudarshana’s family remains utterly helpless.
Sudarshana and his family members state that police is continuously harassing them based on misinformation provided by the some villagers who are having personal disputes with them. The victims affirmed for their innocence and repeatedly accused the police for baselessly accusing for the crime that they have never committed. They are suffering from these continuous harassments of the police officers. They made several complaints to the Superintendent of Police (SP), and the Assistance Superintendent of Police (ASP) Kandy and requested for independent investigation in to these police harassments and pleaded them to take immediate actions to stop it. Still the neither superior officers have commenced any investigations.
The victim states that he and his family are being illegally harassed and baselessly accusing by the police officers. He states that police officers have violated fundamental rights guaranteed to them by the constitution of the country. They seek justice.
I request the intervention of your good offices to ensure that the authorities listed below open an immediate investigation into the allegations of violation of fundamental rights of the victims by officers of the Sri Lanka Police Department. The officers involved should also be subject to internal investigations for breach of Police Department 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 Programme
Asian Human Rights Commission (ua@ahrc.asia)
