SRI LANKA: A man falsely charged by the Panadura North Police following his lodging of a complaint against a criminal 

Dear friends,

The Asian Human Rights Commission (AHRC) has received information regarding the illegal arrest and detention of a man and his appearance before a Magistrates Court on fabricated charges, following his lodging a complaint against a criminal who has alleged connections with police personnel involved in this case. Mr H. A. Chaminda was detained by police personnel from the Panadura North Police Station who demanded that he withdraw the complaint he had lodged against a Mr Vipula. Chaminda, however, refused to do so. When he was produced before the Panadura Magistrate Court on 27 January 2005, Chaminda discovered that he had been falsely charged for possessing illicit liquor. He pleaded not guilty and was released on bail for Rs. 50,000/.

The injustice in this case is evident. Chaminda has been falsely accused and charged for a crime he did not commit, purely because he tried to seek justice against a person who has alleged connections with the police. 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 revealed 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-01-2005and 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. Please also urge the government to have the charges laid against Chaminda withdrawn and ensure that he is suitably compensated for his ordeal.

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

Name of the victim: H.A.Chaminda, resident of No. 51, Mahakithgama, Diggala Road, Keselwatte, Panadura, Sri Lanka
Alleged perpetrators:  
1. Mr. Prasanna, Officer-in-Charge (OIC) of the Panadura North Police Station
2. Officers attached to the Panadura North Police Station
Period of illegal arrest and detention: 23-24 January 2005

Case details:

At about 11:45am on 23 January 2005, three officers from the Panadura North Police Station went to the residence of Mr. H.A. Chaminda. There they detained Chaminda and placed him into custody at the Panadura North Police Station.

Before Chaminda was put into a cell at the station, Prasanna, the Officer-in-Charge (OIC) at the Panadura North Police Station, asked him to withdraw a complaint he had lodged against a Mr Vipula, who had grievously hurt him on a previous occasion. In the complaint, which was lodged with the Human Rights Commission, the National Police Commission, the Inspector General of Police and the Senior Superintendent of Police in Panadura, Chaminda reported on the incident with Mr Vipula, the inaction by the Panadura North Police to investigate the case, and the alleged connection between Vipula, an alleged criminal, and Prassana, the OIC of the police station.

When Chaminda refused to withdraw the complaint, the OIC verbally scolded him and threatened to implicate him in a false case of possessing two bottles of “Kasippu” (illicit liquor).

On January 24, a statement was taken from Chaminda by a woman police constable at the station. The woman police constable again demanded Chaminda to withdraw his complaint against Mr Vipula, threatening him with false charges if he did not do so. She also added that should Chaminda withdraw the complaint, a settlement could be reached between all involved. Again Chaminda refused to withdraw the complaint. He was released that day (January 24) on bail and told to appear at the Panadura Magistrate Court on January 27.

When Chaminda appeared at the court on January 27, he discovered that he had been implicated in and falsely charged with possessing illicit liquor. Chaminda pleaded not guilty to the charge. He was released on bail for Rs. 50,000/.

The AHRC is deeply concerned by the nexus between police officers and criminals, as evident in this and many other cases. This nexus has significantly contributed to the crime rate in Sri Lanka in recent years with police and criminal elements working in collaboration with one another. The AHRC urges the Government of Sri Lanka to punish alleged police officers involved in such nexus, establish and encourage the rule of law and provide a functioning and disciplined police service within the country.

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 revealed 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 causes 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 to break the nexus between police officers and criminals so as to establish the rule of law in the country. Specifically, 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 proper disciplinary/legal action against those responsible police personnel at the Panadura North Police Station. Please also urge the government to have the charges laid against Chaminda withdrawn and ensure that he is suitably compensated for his ordeal. Finally, please ask the government to establish the rule of law and provide a functioning and disciplined police service within the country.

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