Dear friends,
The Asian Human Rights Commission (AHRC) has received information that Ms. Pushpakumari Hunukumbura was slapped by the Officer-in-Charge of the Peradeniya Police Station when she refused to come to a settlement against the perpetrator who assaulted her. Instead of investigating the crime, the Peradeniya police are protecting the culprit, illustrating the police’s lack of professional integrity and disregard for the rule of law.
CASE NARRATIVE:
According to the information received by the Asian Human Rights Commission (AHRC), Ms. Pushpakumari Hunukumbura (53) of No. 126 A 1/1, Kurunduwatta Road, Angunawela, Peradeniya in Kandy District is a widow and has one son. She is living with her elderly mother and son. They live in a house belonging to her mother. Pushpakumari does not have any stable income; most of the time she has to survive with her mother’s assistance when she gets her monthly pension. She gets some additional income by renting the apartment adjoining the house.
Their neighbour is Mr. Hemantha Perera, who is married with two daughters. As his wife has left their family, presently Hemantha stays only with his two daughters.
During the last 10 years, on several occasions Hemantha attempted to get sexual favors from Pushpakumari, but she vehemently refused.
On 17 April 2016, Hemantha verbally abused her in obscene language. She later learned that Hemantha has made a complaint against her to the Peradeniya Police Station, accusing her of verbally abusing him. But the police officers did not inquire, investigate or interrogate her on that complaint, thereby denying Pushpakumari the chance to tell her side of the story. Several days later however, she learned that Peradeniya Police Station has filed a case against her in the Primary Court of Kandy. But she was not able to learn the veracity of allegations that the police have reported to the court.
Meanwhile, on 22 May 2016, the Wesak Full Moon Poya Day, Pushpakumari visited the Buddhist temple nearby, and participated in the rituals and paid homage to the monks in the temple. At around 7 p.m. she was on her way back to the home from the temple, when she suddenly noticed that Hemantha was following her with a long stick. He then tried to drag her to the dark side of the road, and Pushpakumari started shouting for help. Immediately several villagers approached the scene and Hemantha left the place.
Pushpakumari without any delay went to the Peradeniya Police Station. She reported the incident to the officers on duty at the police station. The officer on duty recorded her complaint and submitted the reference details in written to her. She was further informed by the officer that they are going to investigate the case and she will be further informed of its progress.
On May 23, several police officers from the Peradeniya Police Station visited her house and asked her to come to the police station at 2 p.m. When she went to the police station, she was directed to visit the Women and Child Care Unit of the Peradeniya Police, where Hemantha was also waiting.
The senior officer in the unit talked to her and inquired as to willingness to come to a settlement with the party. She informed the officer that she has informed the police of a commission of crime and requested them to investigate and take the necessary steps against the culprit according to the law. She further mentioned that she has given clear evidence on the culprit’s identity and eye witnesses who are ready to testify. Still, the officer insisted her to go for a settlement with the culprit, which she vehemently refused.
Then she was asked to wait until the Officer-in-Charge (OIC) of the police station arrived. She had to wait for several hours until the OIC arrived at 5:30 p.m. When Pushpakumari was directed to the OIC’s room, he immediately requested her to come to a settlement and not proceed with the case against Hemantha. When Pushpakumari refused and requested the officer to proceed in accordance with the law, the OIC abused her with obscene language and slapped her in front of Hemantha. He laughed at her loudly and said there is no case for her. Further, the OIC instructed another officer to withdraw her complaint made against Hemantha Perera immediately, and she was sent home. Pushpakumari continuously requested the officer that she needs justice and victims of crime should not be treated in this way. She accused the OIC and other officers of protecting the culprit who has committed the crime against her.
SUGGESTED ACTION:
Please write to the authorities listed below expressing your concern about this case and requesting an immediate investigation into the allegations of torture and not investigating a crime by the police perpetrators, and the prosecution of those proven to be responsible under the criminal law of the country. The officers involved must also be subjected to internal investigations for the breach of the department orders as issued by the police department.
The AHRC will also write a separate letter to the Special Rapporteur on Violence Against Women in this regard.
To support this case, please click here: SEND APPEAL LETTER
SAMPLE LETTER
Dear ________,
SRI LANKA: Victim of crime refused justice and assaulted at Peradeniya Police Station
Name of Victim: Ms. Pushpakumari Hunukumbura (53) of No: 126 A 1/1, Kurunduwatta Road, Angunawela, Peradeniya in Kandy District
Alleged perpetrators: Officers attached to the Peradeniya Police Station
Date of incident: 23 May 2016
Place of incident: Peradeniya Police Division
According to the information I have received Ms. Pushpakumari Hunukumbura (53) of No. 126 A 1/1, Kurunduwatta Road, Angunawela, Peradeniya in Kandy District is a widow and has one son. She is living with her elderly mother and son. They live in a house belonging to her mother. Pushpakumari does not have any stable income; most of the time she has to survive with her mother’s assistance when she gets her monthly pension. She gets some additional income by renting the apartment adjoining the house.
Their neighbour is Mr. Hemantha Perera, who is married with two daughters. As his wife has left their family, presently Hemantha stays only with his two daughters.
During the last 10 years, on several occasions Hemantha attempted to get sexual favors from Pushpakumari, but she vehemently refused.
On 17 April 2016, Hemantha verbally abused her in obscene language. She later learned that Hemantha has made a complaint against her to the Peradeniya Police Station, accusing her of verbally abusing him. But the police officers did not inquire, investigate or interrogate her on that complaint, thereby denying Pushpakumari the chance to tell her side of the story. Several days later however, she learned that Peradeniya Police Station has filed a case against her in the Primary Court of Kandy. But she was not able to learn the veracity of allegations that the police have reported to the court.
Meanwhile, on 22 May 2016, the Wesak Full Moon Poya Day, Pushpakumari visited the Buddhist temple nearby, and participated in the rituals and paid homage to the monks in the temple. At around 7 p.m. she was on her way back to the home from the temple, when she suddenly noticed that Hemantha was following her with a long stick. He then tried to drag her to the dark side of the road, and Pushpakumari started shouting for help. Immediately several villagers approached the scene and Hemantha left the place.
Pushpakumari without any delay went to the Peradeniya Police Station. She reported the incident to the officers on duty at the police station. The officer on duty recorded her complaint and submitted the reference details in written to her. She was further informed by the officer that they are going to investigate the case and she will be further informed of its progress.
On May 23, several police officers from the Peradeniya Police Station visited her house and asked her to come to the police station at 2 p.m. When she went to the police station, she was directed to visit the Women and Child Care Unit of the Peradeniya Police, where Hemantha was also waiting.
The senior officer in the unit talked to her and inquired as to willingness to come to a settlement with the party. She informed the officer that she has informed the police of a commission of crime and requested them to investigate and take the necessary steps against the culprit according to the law. She further mentioned that she has given clear evidence on the culprit’s identity and eye witnesses who are ready to testify. Still, the officer insisted her to go for a settlement with the culprit, which she vehemently refused.
Then she was asked to wait until the Officer-in-Charge (OIC) of the police station arrived. She had to wait for several hours until the OIC arrived at 5:30 p.m. When Pushpakumari was directed to the OIC’s room, he immediately requested her to come to a settlement and not proceed with the case against Hemantha. When Pushpakumari refused and requested the officer to proceed in accordance with the law, the OIC abused her with obscene language and slapped her in front of Hemantha. He laughed at her loudly and said there is no case for her. Further, the OIC instructed another officer to withdraw her complaint made against Hemantha Perera immediately, and she was sent home. Pushpakumari continuously requested the officer that she needs justice and victims of crime should not be treated in this way. She accused the OIC and other officers of protecting the culprit who has committed the crime against her.
I request the intervention of your good offices to ensure that the authorities listed below instigate an immediate investigation into the allegations of assault and not investigating a crime. The officers involved must also be subjected to internal investigations for the breach of the department orders as issued by the police department.
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)
