SRI LANKA: Father and daughter illegally arrested under fabricated charges by Kandy Police

Dear friends,

The Asian Human Rights Commission (AHRC) has received information that Mr. M. Mohan (56) and Sri Devi (35) of No: 84/25/1, Pathana Watte, Sunduhumpola in the Kandy District have been illegally arrested and detained. On 30th January 2016, fabricated charges have been filed before the Magistrate of Kandy by police officers attached to the Kandy Headquarters Police Station. Mohan and his daughter first visited the police station to make a complaint on the destruction of his private property by a neighbor. Due to undue influence by the alleged perpetrators son, police officers of the Kandy police station unlawfully arrested, detained and fabricated charges against them. The case is still pending before the Kandy Magistrate’s Court. Victims made complaints to the Sri Lanka Human Rights Commission and are now living in fear as alleged police perpetrators threatened them with further harassment and re-arrest if they continue with their complaint.

This is yet another example that demonstrates the extraordinary collapse of the rule of law in Sri Lanka.

CASE NARRATIVE:

Following is information that the Asian Human Rights Commission (AHRC) has received about the cases of Mr. M. Mohan (56) and Sri Devi (35) of No: 84/25/1, Pathana Watte, Sunduhumpola in the Kandy District. Their fundamental rights were violated by police officers attached to the Kandy Headquarters Police Station.

Mohan is working at the Katugastota Market as a laborer and he and his wife K.T Saraswathi are living with their daughter M. Shridevi at their house at the above mentioned address.

On 25th January 2016, a neighbor’s (Ms. K. Punchimanike) dog came on their property and caught one of their chickens. Mohan tried to chase the dog away by shouting at him. Finally, he threw a stone toward the dog but not targeting the dog precisely. Suddenly Punichmanike hit Mohan with a stone and there was an exchange of words between the two families.

Mr. Mohan then made a complaint to the Kandy Headquarters Police Station on the 25th around 5.00p.m with reference to CIB (5) 44/B43. He was admitted to the Kandy Teaching Hospital on the 26th for treatment of shoulder pain and breathing problems and discharged on the 28th.

On the 29th, police officers came to Mohan’s house to inquire about the incident. The officers asked Mohan and his family to come to the police station on the 30th for further examination. Mohan went with his daughter Sri Devi to the Kandy police station, around 9.00 a.m. Immediately, without any discussion, Mr. Mohan and Sri Devi were arrested and detained separately inside the police lock-up for about 3 hours. The daughter Sri Devi was alone outside.

Mohan and Sri Devi were then produced before the Kandy Magistrate in his chambers around 3.00 p.m. They were given bail by the Magistrate and released around 4.30 p.m. Charges for the arrest were not forthcoming. So, Mohan did not know the reason for their arrest. They were only told by the police that Punchimanike’s son, Saman Senaratne is a police officer attached to a police station in Colombo.

When the case was called up on the 11th February, the officers informed the Magistrate that Mohan and his daughter Sri Devi had assaulted the mother of the police officer, Punchimanike).

Mohan and his daughter vehemently denied the allegation. They stated that at no time did the police officers lodge any such allegation against them. There were three occasions where they could have done so-when police officers visited two houses at the scene of the crime; at the first police complaint made by Ms. Punchimanike and at the police inquiry held at the Kandy Headquarters Police Station when all parties in the case were present. They were never questioned about an assault. So Mohan and his daughter came to the conclusion that the police had illegally and baselessly framed their charges.

When Mohan’s lawyer learned of the allegation against them, he explained the facts of the case to the Magistrate. The Magistrate found fault with the actions of the police officers and requested further details about the inquiry so that they could proceed with the case. But then the Magistrate postponed the case until 17th March 2017.

On 12th February, Mohan and his daughter made a complaint to the Sri Lanka Human Rights Commission, regional office in the Kandy District under the reference No: HRC/K/78/ 16-. They mentioned that by illegally arresting and detaining them at the police station and filing fabricated charges against them, their fundamental rights guaranteed under the constitution were violated. Several days later, on the 17th February, the police recalled Mohan and his daughter to the Kandy police station. They asked whether they had made any complaint to HRCSL or other agencies. They were threatened with re-arrest if they continued their complaints against the police. As a result of this threat, Mohan and his family are living in fear of their lives.

The Asian Human Rights Commission believes that the fate of the Mohan family has become more vulnerable. Powerful police officers are causing harm to them by unlawfully arresting and torturing them merely to fulfill the aims of fellow police officers. This family is only seeking justice, protection for their lives and their rights as enshrined in the Constitution of Sri Lanka.

SUGGESTED ACTION:

Please send a letter to the authorities expressing your concern about this case and requesting an immediate investigation into the allegations of illegal arrest, detention and fabrication of charges against an innocent man and his daughter. The police have denied their right to justice and an independent inquiry. Kindly request the authorities to prosecute those responsible under the criminal law for misusing the powers of the State. All officers involved need to be subjected to internal investigations for breach of Police department orders. May I further request the National Police Commission (NPC) and the Inspector General of Police (IGP), to initiate a special investigation into the malpractices of police officers, who abuse State powers.

Please note that the AHRC has also written a separate letter to the UN Chairperson, Working Group on Arbitrary Detention in this regard.

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