SRI LANKA: Police Sergeant requests victim to pay his grocery bill in exchange for driver’s licence 

ASIAN HUMAN RIGHTS COMMISSION - URGENT APPEALS PROGRAMME

Urgent Appeal Case: UA-06-2005
ISSUES:

Dear friends,

The Asian Human Rights Commission (AHRC) has received information regarding bribery and corruption by police personnel from the Mahiyangana Police Station in Sri Lanka.

On 18 December 2004, police stopped Mr. A.M. Thilak Adikari and charged him with having tinted side glass shutters on his vehicle. The police also revoked his licence and ordered him to appear before the Mahiyangana Police Station to pay a spot fine. Upon arriving at the police station on December 21, a Grama-arakshaka told Mr. Adikari that if he were to pay a bribe of Rs. 1,000 (about US$ 10.2), his driver’s licence would be returned. When Mr. Adikari approached the Officer in Charge (OIC) of the Traffic Section regarding this matter, instead of disciplining the Grama-arakshaka, the Sergeant asked Mr. Adikari to pay his grocery bill, amounting to Rs. 5,300 (about US$ 54), and thereafter, his licence would be returned.

Such bribery and corruption by Sri Lankan police personnel towards the country’s citizens must be stopped. We ask that you intervene in this matter, so that this can be achieved. Please write to the Commission to Investigate Allegations of Bribery or Corruption, demanding a proper inquiry into this matter and disciplinary action against responsible police personnel.

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

Name of victim: Mr. A.M. Thilak Adikari, 26 years old, a driver, unmarried
Place of residence: 53rd Mile Post, Galkada, Dambana
Perpetrators: Sergeant 29852 and a Grama-arakshaka [home guards of village security personnel] attached to the Mahiyangana Police Station

Case details:

On 18 December 2004, Mr. A. M. Thilak Adikari was driving his lorry to Kandurata Hardware Store to purchase some cement. When he arrived in the town of Mahiyangana, Mr. Adikari was stopped by Police Constable (PC) 19518 Naveratne and another PC. After examining Mr. Adikari’s driving documents, the police constables charged him with having tinted side glass shutters. They then took Mr Adikari’s driver’s licence and gave him a temporary driving permit (No. HH560776). They also instructed Mr. Adikari to appear before the Mahiyangana Police Station so as to pay a spot fine.

On December 21, Mr. Adikari appeared before the Police Station at 9:30am. There, the Home Guard, who was on duty at the time, told Mr. Adikari that if the matter were to go before a court, he could face a fine of Rs. 10,000 (about US$ 102). He then told Mr Adikari that if he paid Rs. 1,000 (about US$ 10.2), the matter would be settled and his licence would be returned. Upon hearing this, Mr Adikari left the police station.

On December 22, Mr. Adikari returned to the police station to speak with the Officer in Charge (OIC) of the Traffic Section, Sergeant 29852. When he complained to the Sergeant about what had happened on the previous day, the Sergeant asked Mr. Adikari to pay his grocery bill, amounting to Rs. 5,300 (about US$ 54) at the Royal Store in Mahiyangana, and that he would then ensure that the matter would be settled. Mr Adikari told the Sergeant that he did not have such money so he could not pay his grocery bill and left the police station.

Mr. Adikari then complained about his case to the Bribery and Corruption Commission, as well as the Inspector General of Police, the National Police Commission and the Human Rights Commission. When Mr. Adikari went back to the police station on 3 January 2005, he learnt that the police had extended his temporary driving permit, which was to expire on January 4, by seven days. Also, whilst at the station, the police requested Mr. Adikari not to pursue his complaint to the Bribery Commission.

SUGGESTED ACTION:
Please send a letter, fax or email to the Commission to Investigate Allegations of Bribery or Corruption, demanding that a proper inquiry into this matter is conducted and take disciplinary action against the responsible police personnel.

To support this case, please click here: SEND APPEAL LETTER

SAMPLE LETTER

Dear Chairperson,

SRI LANKA: Police Sergeant requests victim to pay his grocery bill in exchange for driver's licence

Name of victim: Mr. A.M. Thilak Adikari. Age 26, Unmarried, Driver;
Place of residence: 53rd Mile Post, Galkada, Dambana.
Perpetrators: Sergeant 29852 and a Grama-arakshaka [home guards of village security personnel] attached to the Mahiyangana Police Station

I am writing to voice my disapproval at the behaviour committed by police personnel from the Mahiyangana Police Station in which blatant displays of bribery and corruption were carried out.

According to the information I have received, on 18 December 2004, police personnel from the Mahiyangana Police Station stopped Mr. A.M. Thilak Adikari and charged him with having tinted side glass shutters on his vehicle. The police also revoked his licence and ordered him to appear before the Mahiyangana Police Station to pay a spot fine. Upon arriving at the police station on December 21, Mr. Adikari was told by a Grama-arakshaka that if he were to pay him Rs. 1,000 (about US$ 10.2), he would return his driver's licence. When Mr. Adikari approached the Officer in Charge (OIC) of the Traffic Section, Sergeant 29852, regarding this matter on the next day (December 22), the Police Sergeant asked Mr. Adikari to pay his grocery bill, amounting to Rs. 5,300 (about US$ 54), and thereafter, his licence would be returned. Unable to pay such an exorbitant amount of money, Mr. Adikari had no choice but to leave the Police Station without his licence.

Mr. Adikari made a complaint about his case to the Commission to Investigate Allegations of Bribery or Corruption (CIABOC), as well as the Inspector General of Police, the National Police Commission and the Human Rights Commission. He further reported that when he went back to the police station on 3 January 2005, the police requested him not to pursue his complaint with the CIABOC. 

In light of this, I write to you, in your capacity as a chairperson of CIABOC, asking that you intervene in this matter. Such bribery and corruption must be stamped out of the Sri Lankan police force, and it is the responsibility of persons such as yourself, and the power that you wield, to ensure that this happens. I urge you to take steps so that Mr. Adikari's driver's licence is returned without delay. I also ask that you ensure that Mr. Adikari is protected and free from further harassment by the Mahiyangana police. Finally, I ask that you take immediate disciplinary action against those police personnel who are responsible for the corruption and bribery that has occurred in this case. 

Sincerely yours,


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SEND A LETTER TO:

1.  Piyasena Ranasinghe
Director General
Commission to Investigate Allegations of Bribery or Corruption 
36, Malalasekera Mawatha 
Colombo 07 
SRI LANKA
Tel: +94 11 2 586 851
Fax: +94 11 2 595 045

PLEASE SEND A COPY TO:

1. Mr. Chandra Fernando
Inspector General of Police (IGP) 
New Secretariat 
Colombo 1
SRI LANKA 
Fax: +94 11 2 440440/327877

2. Mr. Ranjith Abeysuriya PC 
Chairperson 
National Police Commission 
69-1 Ward Place, Colombo 7 
SRI LANKA 
Fax: +94 11 2 669 528
Fax HOME: +94 11 2 674148
E-mail: polcom@sltnet.lk  

3. Dr. Radhika Coomaraswamy
Chairperson 
Human Rights Commission of Sri Lanka 
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 (AHRC)
Document Type : Urgent Appeal Case
Document ID : UA-06-2005
Countries :