SRI LANKA: Police officer not arrested despite magistrate’s request

Dear friends,

The Asian Human Rights Commission (AHRC) has received information that police constable Prasanna of the Keselwatta Police Station, Sri Lanka has not been arrested despite several requests from the Panadura Magistrate, in connection with his alleged involvement in the death of Mr. Done Lakshman Priyantha Rathnayake on 15 October 2004. PC Prasanna is the only suspect who has not yet been arrested by the police.

Your urgent action to pressure the local authorities and Sri Lankan government to follow due process and ensure that all those involved in this incident are arrested and investigated is immediately required.

Urgent Appeals Desk
Asian Human Rights Commission (AHRC)
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DETAILED INFORMATION:

Name of the deceased: Mr. Done Lakshman Priyantha Rathnayake, 39 years old, a driver
Address of the deceased: No. 313, MJC Mawatha, Horaithuduwa, Keselwatte
The people involved in the incident: 1) Police Constable Prasanna attached to the Keselwatta Police Station, 2) Mr. Lakshman Fernando, 3) Mr. Premalal, 4) Mr. Suranjan (All the four people are the deceased’s friends)
Date of incident: 15 October 2004
The complainant: Mrs Thuppahige Don Chandralatha, 38 years old, the victim’s wife
Cause of death:  Homicide- the victim suffered brain injuries caused by his fall after being assaulted on the face (according to an inquest)

Case details: 

At around 6:00pm of 15 October 2004, Mr. Done Lakshman Priyantha Rathnayake (39) left his house with his vehicle (No. 20 Sri 3035) to the vehicle park at Moratuwa Junction. He told the family that he would buy some daily necessities.

Some time later, police constable (PC) Prasanna of the Keselwatta Police Station came to Mr. D.L. Priyantha Rathnayake’s house by the vehicle belonging to Mr. D.L. Priyantha Rathnayake and informed his wife that her husband was admitted to the Panadura Hospital. PC Prasanna left the house with the vehicle and parked it in the police station.

Rathnayake’s wife then went to the Panadura Hospital, but her husband was not there. She finally found him at the National Hospital of Sri Lanka at Colombo. Mr. D.L. Priyantha Rathnayake died at the hospital on 16 October 2004. His wife was present to identify her husband during the post-mortem held at the Judicial Medical Officer (JMO)’s Office in Colombo. Later, she also attended the death inquest on the deceased body held before the coroner of Colombo on 7 November 2004.

In the meantime, Rathnayake’s wife learned that her husband was with PC Prasanna along with Lakshman Fernando, Pramalal and Suranjan in the vehicle before his death, all of whom she knows as her husband’s friends. She also learnt that when these five people including her husband were on their way to Panadura from Moratuwa there was a quarrel. According to the three other men in the vehicle, the quarrel resulted in PC Prasanna assaulting all the other four persons while they were at the edge of Moratuwa. Subsequently, Mr. D.L. Priyantha Rathnayake fell down and hit his head severely on the ground. He became unconscious, so PC Prasanna put him into the vehicle and took him to the Panadura Hospital where he was admitted. Later, he was transferred to the National Hospital of Sri Lanka for better treatment.

According to the deceased’s wife, the Officer In Charge (OIC) of Moratuwa Police Station filed a case in Panadura Magistrate Court regarding the incident, and subsequently all of the men who were with the deceased except PC Prasanna were arrested by the police and produced before the magistrate. Rathnayake’s wife added that the police officers handling her husband’s case are reluctant to arrest PC Prasanna and have ignored several requests of the Panadura Magistrate to arrest and produce the said police constable.

The AHRC is deeply concerned by this case and urges the local authorities to take immediate steps to arrest the concerned police constable and conduct a proper investigation into the case. Due process must be followed, without which perpetrators of human rights violations will gain impunity.

SUGGESTED ACTION:
Please send a letter, fax or email to the addresses below and ask them to take proper action to arrest the concerned police constable and ensure a proper investigation into this case.

 

 

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