SRI LANKA: A man severely injured by a criminal with the collaboration of the Panadura police 

Dear friends,

The Asian Human Rights Commission (AHRC) has received information that a man named Mr. Tharuka Fernando has been severely injured by a criminal who has a nexus with the Panuadura police on 19 December 2005. It was reported that despite the fact that the Panadura police arrested an illegal drug dealer, Samantha, at his residence, they released him soon without any charges against him. Furthermore, it is alleged that the police informed Samantha of the names of three persons who complained about his illegal activities. As a result, wrathful Samantha attacked Mr. Tharuka Fernando, who was one among those three, and severely injured him. Even though Samantha later surrendered voluntarily to the police, the victim’s family wonders whether he will be punished by law considering his strong nexus with the Panuadura police. No disciplinary/legal action has been taken against police officers who are also responsible for disclosing the personal information and releasing a criminal without charges.

The real cause of crime in Sri Lanka is the nexus between police officers and criminals. Without this nexus, many crimes could not be committed, or if committed, would soon be exposed. Gerald Perera’s case is one example. It was reveled that Gerald, who was shot on 21 November 2004 just days before he was due to give evidence in court against his Wattala police torturers, was killed by a criminal instigated by police officers who are accused in the torture case. (See further: UP-01-2005 and AS-68-2004)

Your urgent intervention is required into this matter. Please send a letter to the Government of Sri Lanka demanding that alleged police officers be punished and a functioning and disciplined police service be established in the country.

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

Name of the victim: Tharuka Fernando, son of Premasiri Fernando
Alleged perpetrators: 1) Samantha, a ganja [cannabis] dealer in the area, 2) Police officer Ranaweera attached to the Panadura Police Station, 3) Policemen of the Panadura Police Station who joined in the raid on Samantha’s house
Date of incident: 19 December 2004

Case details:

On 19 December 2004, the Panadura police led by an officer Ranaweera made a raid into the residence of Samantha, a man who is alleged as a ganja [cannabis] dealer in the area. They arrested Samantha and seized ganja from his house. However, a few minutes later, the police let him free without any charges or action against him.

After the Panadura police left the place, Samantha boasted to the villagers that the police had disclosed to him the names of persons who complained to the police about his illegal activity. He then mentioned three persons’ names, the son of Mrs. Susila, the son of Mr. Premasiri Fernando named Tharuka and the husband of Ms. Mangala Sanjeewani. He further threatened to attack those people.

On the same day (December 19), Samantha cut Tharuka with a sword and severely injured him. According to Tharuka, Samantha’s mother, who also allegedly involved in ganja selling with his son, held him tight when Samantha attacked him and he could not defend himself. Tharuka was first admitted to the Panadura Government Hospital and then transferred to the Colombo General Hospital.

When Tharuka’s father, Mr. Premasiri Fernando went to the Panadura Police Station to lodge the complaint about his son’s incident, the police officer Ranaweera eagerly asked him not to mention Samantha’s mother’s name in his complaint. However, Mr. Fernando reported to Mr. Abeykoon, the Officer in Charge (OIC) of the Crimes Branch in the police station about this undue request of the police officer Ranaweera. Mr. Abeykoon then instructed a junior officer to produce Samantha’s mother before a magistrate court charging her for aiding Samantha’s attack on Tharuka.

Mr. Premasiri Fernando also lodged a complaint to Inspector General of Police (IGP), Assistant Superintendent of Police (ASP) – Panadura about Samantha’s illegal ganja selling and her son’s incident. After that, Samantha surrendered voluntarily to the Panadura police, however there has yet been no disciplinary/legal action taken against the police officer Ranaweera and other policemen responsible for this incident.

The AHRC is deeply concerned by the nexus between police officers and criminals which has been seen in this case. In fact, this nexus has been doing a great role to stimulate the crimes in Sri Lanka. The AHRC therefore urges the Government of Sri Lanka to punish the alleged police officers by law and concentrate all its effort to establish the rule of law and provide a functioning and disciplined police service.

ADDITIONAL INFORAMTION:

The real cause of crime in Sri Lanka is the nexus between police officers and criminals. This nexus consists of simple and complex exchanges. Some include the taking of bribes to permit illegal trade in alcohol or other illicit goods, or to desist from investigating crimes and recording statements. Others involve much greater profits, such as where drugs are traded. Others still include joint operations between criminals and police officers bent on committing crimes. Without this nexus, many crimes could not be committed, or if committed, would soon be exposed. With this nexus, most crimes are readily committed, and all but impossible to expose.

Gerald Perera’s case is one example. Torture victim Gerald was shot on a bus on 21 November 2004 and died subsequently in hospital, just days before he was due to give evidence in court against his Wattala police torturers. Later it was reveled that Gerald was killed by a criminal instigated by police officers who are accused in the torture case. (See further: UP-01-2005 and AS-68-2004)

However, at present, the criminal justice system in Sri Lanka lacks the means to investigate police officers. Even relatively narrow inquiries into police wrongdoing cause strong backlashes by police, to the extent of threatening to strike if they are investigated. During recent times, witnesses in criminal torture cases against police have been subjected to threats, attacks, and most recently, murder. The police officers involved have been able to use the unique combination of their authority and links to the underworld to obstruct investigations into their wrongdoing.

Under the circumstances, the AHRC has given a number of suggestions to the Government of Sri Lanka in several occasions to break such brutal nexus between police officers and criminals in order to establish the rule of law in the country. Especially, the AHRC strongly urged that Government of Sri Lanka to establish a strong witness projection programme with effective and realistic legislative measures for proper functioning. To see our suggestions to the government in detail, please go to: AS-54-2004: Breaking the nexus between the Sri Lankan police and criminals)

SUGGESTED ACTION:
Please send a letter, fax or email to the Sri Lankan authorities and request them to take a proper disciplinary/legal action against the police officer of the Panadura Police Station who collaborated with a criminal. Please also urge the Government of Sri Lanka to establish the rule of law and provide a functioning and disciplined police service.

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