Dear friends,
The Asian Human Rights Commission (AHRC) has received information regarding the illegal arrest and detention of a man by Kalutara North police on 12 November 2007. He lodged a complaint but instead he was detained as a counter measure to harass or frighten him without any inquiry being made into his own complaint.
CASE DETAILS: (Base on the testimony from the victim)
Habakkala Kankanamge Sirisena is 75 years old and is single. He used to work as a harbor employee during his youth but had no where to live. With the recommendation of the Social Service Department (SSD) he stayed in the Sahana Home for Elders at Jawatte, Kalutara North since 5 September 2000. He is the only person recommended by SSD out of 10 other inmates in the place which is administered by a Buddhist monk Ven. Dediyawla Thilakairi.
According to the information received, the inmates including Sirisena are not provided any food most days of the week. When Sirisena inquired about this from Dediyawla Thilakairi he was scolded. It was following this that Sirisena made a complaint about this situation to the Kalutara North police station (Complaint no MR 2932/07).
As the response to his complaint, he was received a call from the police station at about 2:00pm on 6 November 2007. When he went there, Ven. Dediyana Thilakasiri was absent so that he was instructed go again at 2:00pm on 10 November 2007.
On November 10, when Sirisena was getting ready to proceed to the police station, an officer from the Kalutara North police came and told Sirisena that a complaint had been lodged against him and he was instructed to to come to the police station. No further explanation of the complaint was given. Accordingly he went to the police station. There he found that Ven. Dediyana Thilakasiri, Turin Villoraarachchi, a police officer, Secretary of the committee of the Elders Home and M.A. Tynal Jayasekara, the Manager of the Home were present.
Sirisena was left outside for about two hours until their conversation with the Officer-in-Charge (OIC) of the police station was finished. Afterwards an officer come out, approached him and inquired as to who he was. He was then told that the boss (The OIC) was calling for him. When Sirisena went to the OIC’s room, the OIC had merely inquired if this was the fellow and told a reserve officer to put Sirisena into the cell. The reserve officer complied with this instruction and put Sirisena into the cell. Even though Sirisena was the person who lodged a complaint, his complaint was not inquired into but instead, he was the one put into the cell. Sirisena was not made aware of the contents of the complaint which was lodged against him or who lodged the complaint.
Sirisena was kept in the cell until about 2:45pm on 11 November 2007. Then, the OIC told him that he did not need to be bailed out, that he could leave but was not to go anywhere near the Home for Elders. The OIC further said, “Even if the President of the country has recommended, you cannot go near the Home for Elders.” Sirisena then replied that he had no where to go and asked to be kept in the cell or produced to the court.
Then Sirisena was made to sign a paper saying that he would be produced in the court. But nothing was read and explained to him. The OIC then chased him from the police station shouting rudely at him. He was scared to go back to the Home for Elders for the fear of harassment. It is alleged that the OIC ordered to put him in the cell because he harassed and frightened Sirisena as a counter measure against the complaint he has earlier lodged. No charge was registered against him.
The victim has informed the Chairman of the Human Rights Commission, the Chairman of the National Police Commission, the Inspector General Police, DIG (legal) Colombo, and Senior Superintendent of Police Kalutara, the District Secretary Kalutara and the Director of Social Service Department in Battaramulla of this situation in writing.
The AHRC is concerned about the illegal arrest and detention of Sirisena. The OIC failed to investigate the complaint lodged by the victim and put him into the cell without any inquiry. An investigation must follow to redress this illegal arrest and detention and legal or disciplinary action must be followed if his complaint is proved true. Sirisena must also be allowed to stay in the Home for Elders without further harassment or, another place has to be provided.
SUGGESTED ACTION:
Please write to the authorities below and urge them to conduct impartial investigation into the illegal arrest and detention of Sirisena by the OIC of Kalutara North police station. Please also urge them to locate him to stay in the Home without further harassment.
To support this case, please click here: SEND APPEAL LETTER
SAMPLE LETTER
Dear __________,
SRI LANKA: Kalutara North police illegally arrested and detained a man
Name of victims: Habakkala Kankanamge Sirisena (75), single, resident of Sahana Elders Home, Jawatte, North Kalutara
Names of alleged perpetrators: Officer In Charge (OIC) of Kalutara North police station
Date of Incident: 12 November 2007
Place of Incident: Kalutara North police station, Kalutara Dist. I, Kalutara Division, Western Province (South) Range
I am writing to voice my deep concern regarding the illegal arrest and detention of Sirisena by the OIC of Kalutara North police station on 12 November 2007.
Sirisena received a recommendation by Social Service Department (SSD) to stay in the Sahana Home for Elders at Jawatte, Kalutara North since 5 September 2000. He was the only person recommended by SSD out of 10 other inmates in the place whose was administered by a Buddhist monk Ven. Dediyawla Thilakairi.
According to the information received, Sirisena lodged a complaint (Complaint no MR 2932/07) to the Kalutara North police station because the inmates of the Home for Elders including Sirisena have not been provided food and Sirisena was scolded when he asked about the situation.
When he went to the police station at about 2:00pm on 6 November 2007, Ven. Dediyana Thilakasiri was absent so that he was informed to come again at 2pm on 10 November 2007. On the day, he went to the police station not because of his complaint but because a complaint lodged against him. He arrived at the police station but the Ven. Dediyana Thilakasiri, Turin Villoraarachchi, a police officer, Secretary of the committee of the Elders Home and M.A. Tynal Jayasekara, the Manager of the Home had talked with the Officer in Charge. The OIC ordered Sirisena to put into the cell after identification however he failed to question the complaint lodged against Sirisena and to investigate his original complaint.
Sirisena was released on following day afternoon however the OIC threatened him not to go anywhere near the Home for Elders. The OIC further said, “Even if the President of the country has recommended, you cannot go near the Home for Elders.” Then Sirisena was made to sign a paper saying that he would be produced in the court. But nothing was read and explained to him. The OIC then chased him from the police station shouting rudely at him.
I am informed that the OIC ordered to put him in the cell because he harassed and frightened Sirisena as a counter measure against the complaint he has earlier lodged. I am also informed that when he was detained the OIC has failed not only to investigate his complaint but also to give the reason of arrest and detention.
In the light of above, I urge you to conduct an impartial and thorough investigation into the illegal arrest and detention of Sirisena by the OIC without delay. If it is proved true, legal or disciplinary action must be taken. The high ranking police officer was believed to get involved into this case so that other investigating agency has to conduct investigation and it has to ensure that investigating officers has to work without interference from any person in the said police station.
I further urge that he be given to stay in the Home for Elders without further harassment or other proper place be given to Sirisena if he request.
I take this opportunity to remind of the fact that if the OIC who has high responsibility to conduct impartial investigation into the complaint lodged are in favour of one party, it would be difficult for any police officer of the police station to be able to conduct impartial investigation. It is thus for senior police officers to intervene in this case.
I look forward to your prompt intervention into this case.
Yours sincerely,
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PLEASE SEND YOUR LETTERS TO:
1. Mr. Victor Perera
Inspector General of Police
New Secretariat
Colombo 1
SRI LANKA
Fax: +94 11 2 440440/327877
E-mail: igp@police.lk
2. Mr. C.R. De Silva
Attorney General
Attorney General’s Department
Colombo 12
SRI LANKA
Fax: +94 11 2 436421
E-mail: attorney@sri.lanka.net
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
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
5. Director
Social Service Department
Western Province
204, Denzil Kobbakaduwa Mawath,
Battaramulla
SRI LANKA
Tel: +94 11 2 883 440
Fax: +94 11 2 864 834
E-mail: socialservdiwp@sltnet.lk
6. Director
Department of Social Services
No. 150 A, ‘L.H.P.’ Building,
Nawala Road
Nugegoda
SRI LANKA
Tel: +94 11 2 825 216 / 825 232
Fax: +94 11 2 824 056
E-mail: dirss@sltnet.lk
7. Prof. Manfred Nowak
Special Rapporteur on the Question of Torture
C/o OHCHR-UNOG
1211 Geneva 10
SWITZERLAND
Tel: +41 22 917 9230
Fax: +41 22 917 9016 (ATTN: SPECIAL RAPPORTEUR TORTURE)
Thank you.
Urgent Appeals Programme
Asian Human Rights Commission (ua@ahrchk.org)
