Dear Friends,
The Asian Human Rights Commission (AHRC) has received information that Mr. L.A.L. Charlis and Mrs. R. Indrani of 271/D, Kattappuwa Galhinna, Ankumbura, Kandy District, were abducted by group of men and later arbitrarily arrested, detained, and tortured by police officers attached to the Weeraketiya Police Station. The victims state that they were subjected to these agonies as revenge for their son marrying the daughter of an influential family in the area. Victims allege that the police are acting in collusion with such private influential parties instead of enforcing the law, for various corrupt reasons, demonstrating once again the utter collapse of the law enforcement mechanism in the country, where the rule of law has been misplaced with sheer lawlessness.
CASE NARRATIVE:
According to the information received by the Asian Human Rights Commission (AHRC), Mr. L.A.L. Charlis, 49 years old, and his wife Mrs. R. Indrani, 52 years old, of No. 271/D, Kattappuwa Galhinna, in Ankumbura, Kandy District, have three children, now adults.
Part 1
Mr. Charlis’s son, Madushanka Liayanage, 22, was in a relationship with a girl, Gagani Nishara, from Weerakatiya of Tangalle, Hambantota District, and when they tried to get married, the girl’s parents objected to this union. Madushanka and Gagani did not heed their parents’ calls, and unknown to their parents, went ahead with the marriage on 26th February 2016.
The couple began living in a house in Digana, Kandy District. After four days of marriage, Madushanka and Gagani learned that Gagani’s parents came to Digana in search of her, with two police officers attached to the Teldeniya Police Station. Then the officers requested Madushanka and Gagani to go with them to the police station, where they conducted an inquiry into their marriage. During the interrogations, Madushanka and Gagani informed the police that they were adults and were already legally married. They also told them that the decision to get married lies with them, being over the minimum age to enter into a legal marriage, according to the law of the country.
The police officers informed all parties that since there was no crime committed, there was no reason to continue the investigation and the matter was settled. Further, during the interrogation, Indrani and Charlis were told several times by the police officers that Gagani’s parents are wealthy, powerful, and influential people in the area.
Part 2
After this incident, on several occasions, a group of men, who proceeded to act in a violent manner, visited the house of Indrani & Charlis at Ankumbura in Kandy District and inquired about the couple. As a result, Indrani naturally feared for her son and daughter-in-law’s safety, and lodged a complaint at the Ankumbura Police Station and requested the police to investigate the incident and take necessary steps to provide protection for her son and daughter-in-law.
Following this incident, Indrani later learned that her daughter-in-law’s parents had come looking for her in Kandy and informed many people in the area that they will pay Rupees 500,000 as a reward for any information on the couple’s whereabouts.
Part 3
On 9th April 2016, at around 4:30 p.m., Gagani’s parents suddenly arrived in a vehicle bearing number plate SP- JH-9494. They came along with five other men and forcibly abducted Indrani & Charlis. They were brought to the Weeraketiya Police Station at around 3 a.m. the following day, 10th April 2016. While they were being driven, Indrani and Charlis were both assaulted by the men who had arrived with the police officers.
At the Police Station, the Officer-in-Charge (OIC) of Weeraketiya Police had assaulted both Indrani and Charlis. They were tortured. Beaten with fists and kicked and later were detained in the Police Station. Around 5:30 p.m., the OIC ordered them to sign several documents, which were neither prepared following any interrogation process nor recorded. The contents were not explained to Indrani and Charlis.
Later, they were produced before an Acting Magistrate, and were remanded at the Tangalle Remand Prison until 19 April 2016. On 19th April they were produced before the Magistrate and again they were remanded until 26 April 2016. All this while, the police officers did not inform them of the charges, on the basis of which they were being produced before the Magistrate. Even in court, they were not informed about the charges against them. On 26 April, when they were produced before the court again, they were granted bail, under the condition of providing personal surety for their re-appearance in the same court. But, as they were several hundred kilometers away from their residence and in fear of their lives, no one was able to fullfill their bail conditions until the 9 May 2016.
As a bail condition, the Magistrate ordered, Indrani and Charlis to report and sign their attendance at the Weerakatiya Police Station once every two weeks. The case was called on the 28 June 2016 and was postponed to the 26th September 2016. Indrani and Charlis still do not know the reason for their arrest, tortured, and remand.
On June 7, Madushanka, along with his wife Gagani, went to the Ankumbura Police Station and made a complaint regarding the abduction of his parents by a group of men. But the police officers on duty refused to accept the complaint. Then the OIC of the Ankumbura Police Station called Gagani privately and instructed her to go home in order for the parents of Madushanka to be released. She refused to do so.
Madushanka later made a complaint to the Rangala Police Station regarding the abduction of his parents by a group of men. The complaint was recorded and he was given the reference as CIB (2) 148/66. But no inquiry has been conducted until now.
Indrani and Charlis state that they were illegally arrested, detained, and tortured by the police officers attached to the Weeraketiya Police Station. Several men who worked with the parents of Gagani abducted and assaulted them and forcefully brought them to Weeraketiya. Further, police officers at the Ankumbura Police Station refused to accept the complaint by Madushanka on the abduction of his parents knowing well about the abduction. They state that the police illegally collaborated with the parent of Gagani and violated their rights.
Indrani and Charlis allege that the OIC of the Weeraketiya Police Station has filed fabricated charges against them and that the police officers acted in blatant violation of their rights and demand justice and immediate release from the case, which is based purely on fabricated charges.
SUGGESTED ACTION:
Please write to the authorities listed below expressing your concern about this incident and requesting an immediate investigation into the allegations of illegal arrest, detention, torture, and the filing of fabricated charges by the police officers attached to the Weeraketiya Police Station, and for the swift 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 department orders and for the abuse of their power.
The AHRC will also write a separate letter to the Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment in this regard.
To support this case, please click here: SEND APPEAL LETTER
SAMPLE LETTER
Dear ________,
SRI LANKA: Innocent couple abducted, detained, and tortured by the Weeraketiya Police
Name of Victim: Mr. L.A.L. Charlis (49) and Mrs. R. Indrani (52) of 271/D, Kattappuwa Galhinna, Ankumbura, Kandy District
Alleged perpetrators: Officers attached to the Ankumbura and Weeraketiya Police Stations.
Date of incident: 9th of April 2016
Place of incident: Kandy Police Division and Weeraketiya Police Division
According to the information I have received, Mr. L.A.L. Charlis, 49 years old, and his wife Mrs. R. Indrani, 52 years old, of No. 271/D, Kattappuwa Galhinna, in Ankumbura, Kandy District, have three children, now adults.
Mr. Charlis’s son, Madushanka Liayanage, 22, was in a relationship with a girl, Gagani Nishara, from Weerakatiya of Tangalle, Hambantota District, and when they tried to get married, the girl’s parents objected to this union. Madushanka and Gagani did not heed their parents’ calls, and unknown to their parents, went ahead with the marriage on 26th February 2016.
The couple began living in a house in Digana, Kandy District. After four days of marriage, Madushanka and Gagani learned that Gagani’s parents came to Digana in search of her, with two police officers attached to the Teldeniya Police Station. Then the officers requested Madushanka and Gagani to go with them to the police station, where they conducted an inquiry into their marriage. During the interrogations, Madushanka and Gagani informed the police that they were adults and were already legally married. They also told them that the decision to get married lies with them, being over the minimum age to enter into a legal marriage, according to the law of the country.
The police officers informed all parties that since there was no crime committed, there was no reason to continue the investigation and the matter was settled. Further, during the interrogation, Indrani and Charlis were told several times by the police officers that Gagani’s parents are wealthy, powerful, and influential people in the area.
After this incident, on several occasions, a group of men, who proceeded to act in a violent manner, visited the house of Indrani & Charlis at Ankumbura in Kandy District and inquired about the couple. As a result, Indrani naturally feared for her son and daughter-in-law’s safety, and lodged a complaint at the Ankumbura Police Station and requested the police to investigate the incident and take necessary steps to provide protection for her son and daughter-in-law.
Following this incident, Indrani later learned that her daughter-in-law’s parents had come looking for her in Kandy and informed many people in the area that they will pay Rupees 500,000 as a reward for any information on the couple’s whereabouts.
On 9th April 2016, at around 4:30 p.m., Gagani’s parents suddenly arrived in a vehicle bearing number plate SP- JH-9494. They came along with five other men and forcibly abducted Indrani & Charlis. They were brought to the Weeraketiya Police Station at around 3 a.m. the following day, 10th April 2016. While they were being driven, Indrani and Charlis were both assaulted by the men who had arrived with the police officers.
At the Police Station, the Officer-in-Charge (OIC) of Weeraketiya Police had assaulted both Indrani and Charlis. They were tortured. Beaten with fists and kicked and later were detained in the Police Station. Around 5:30 p.m., the OIC ordered them to sign several documents, which were neither prepared following any interrogation process nor recorded. The contents were not explained to Indrani and Charlis.
Later, they were produced before an Acting Magistrate, and were remanded at the Tangalle Remand Prison until 19 April 2016. On 19th April they were produced before the Magistrate and again they were remanded until 26 April 2016. All this while, the police officers did not inform them of the charges, on the basis of which they were being produced before the Magistrate. Even in court, they were not informed about the charges against them. On 26 April, when they were produced before the court again, they were granted bail, under the condition of providing personal surety for their re-appearance in the same court. But, as they were several hundred kilometers away from their residence and in fear of their lives, no one was able to fullfill their bail conditions until the 9 May 2016.
As a bail condition, the Magistrate ordered, Indrani and Charlis to report and sign their attendance at the Weerakatiya Police Station once every two weeks. The case was called on the 28 June 2016 and was postponed to the 26th September 2016. Indrani and Charlis still do not know the reason for their arrest, tortured, and remand.
On June 7, Madushanka, along with his wife Gagani, went to the Ankumbura Police Station and made a complaint regarding the abduction of his parents by a group of men. But the police officers on duty refused to accept the complaint. Then the OIC of the Ankumbura Police Station called Gagani privately and instructed her to go home in order for the parents of Madushanka to be released. She refused to do so.
Madushanka later made a complaint to the Rangala Police Station regarding the abduction of his parents by a group of men. The complaint was recorded and he was given the reference as CIB (2) 148/66. But no inquiry has been conducted until now.
Indrani and Charlis state that they were illegally arrested, detained, and tortured by the police officers attached to the Weeraketiya Police Station. Several men who worked with the parents of Gagani abducted and assaulted them and forcefully brought them to Weeraketiya. Further, police officers at the Ankumbura Police Station refused to accept the complaint by Madushanka on the abduction of his parents knowing well about the abduction. They state that the police illegally collaborated with the parent of Gagani and violated their rights.
Indrani and Charlis allege that the OIC of the Weeraketiya Police Station has filed fabricated charges against them and that the police officers acted in blatant violation of their rights and demand justice and immediate release from the case, which is based purely on fabricated charges.
I request the urgent intervention of your good offices to ensure that the authorities listed below instigate an immediate investigation into the allegations of illegal arrest, detention, torture, and the filing fabricated charges by the police officers attached to the Weeraketiya Police.
The officers involved must also be subjected to internal investigations for the breach of department orders and for the abuse of their powers and there should also be reparations provided to the victims.
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)
