SRI LANKA: Illegalities and fundamental flaws at the Immigration and Criminal Investigation Departments

Dear Friends,

According to information received by the Asian Human Rights Commission (AHRC), Ms. Thakshila Sumanasiri of No. 92, Vidura Gewatta, Kundasale, Kandy District, has made a formal complaint to the Sri Lankan Immigration Authority that a woman named Raji has made a fake passport under her name, using her birth certificate, and copy of National Identity Card. However, the immigration authorities have refused to investigate the complaint. Thakshila then complained to the Criminal Investigation Department. They also demonstrated a lethargic approach in investigating the crime, and in not seeking an arrest warrant to arrest those responsible. At present the culprit, using this fake passport, has married a Singaporean resident and migrated to Australia. She has used the victim’s name and identity for her new born children too. The victim states that corrupt Sri Lankan law enforcement authorities are protecting the culprit and not investigating the crime to ultimately bring the responsible persons before the court of law.

CASE NARRATIVE:

According to the information that the Asian Human Rights Commission (AHRC) has received, Ms. Thakshila Sumanasiri, of No. 92, Vidura Gewatta, Kundasale, in Kandy District, is married and has three children; she is engaged in business. In 1998, Thakshila was informed over phone by an unknown person that her name and details of her identity have been used by a person by the name of Raji and made a passport and that person is now in Singapore.

Thakshila has then immediately gone to Balagolla Police Station to make a complaint, but the police officers did not record a complaint, as there was no evidence at that time.

To verify the information, Thakshila went to the immigration office to request for a passport and she related what she heard about Raji, who used her identity to get a passport, to the head of the immigration. To her surprise, he warned her not to talk about Raji and gave a passport to Thakshila. However, while Thakshila was coming out of the immigration office, another officer approached Thakshila and gave her details on a printed paper of the passport: issued by the immigration to Raji on Thakshila’s name and her birth certificate and the National Identity Card (NIC).

Thakshila then knew that although she had a passport she would never be able to go abroad. On the 7th of July, 2011, suddenly Thakshila receive a note from the Balagolla Police Station requesting her to appear at the Criminal Investigation Department (CID), International Unit. When Thakshila went there the officers told her that the Singapore Police has sent the details of the passport obtained by Raji with the birth certificate and her identity card and Thakshila has identified them and claimed ownership of both the birth certificate and the identity card copies.

The officers then confirmed that a person is living in Singapore using the documents of Thakshila and the officers said that Raji would be deported and she does not have to worry. In the meantime Thakshila got phone calls with death threats asking her not to search for Raji or the crime she has committed.

Thakshila then applied for a visa to Japan, which was rejected, and when she applied for visas to America, she was told at the interview that she has previously gone to USA from Singapore, which she vehemently denied but realized that it was Raji who had traveled on her identity.

Thakshila then finally went to Singapore on 10th February 2016 and made a complaint to the Singapore Police. The omplaint was recorded with reference No: N.P.C (NP 299). After recording all the details, they provided a police report of her complaint too. Since nothing was sorted out Thakshila again, made a complaint to the Crime Investigation Department in Colombo 01. Later officers of CID informed her that they have filed a case against Raji before the Colombo Magistrate’s Court. She later learned the case reference as No: B/50202/01/16. She further learned that police have not taken proper steps to seek an arrest warrant from the Magistrate.

Furthermore she was informed that Raji had come to Sri Lanka on the 30 March 2016. Then Thakshila informed the Chief Inspector (CI) Jayantha, the Officer-in-Charge (OIC) of the Criminal investigation department about the latest information she received. But the OIC said that they are busy with a New Year Programme. However, Thakshila learned that they have informed Raji and therefore she has returned to Singapore before the scheduled date. Thakshila by then provided all the details to the CID officers about the details of Raji’s passport, her phone numbers and the place where Raji was staying in Sri Lanka.

When Thakshila asked why Raji was not arrested, the OIC of the CID said they are busy. Then Thakshila made a complaint to the Sri Lanka Human Rights commission (HRCSL) on 26th April 2016 against the illegal activities of the officers of the CID.

Thakshila feels that she is now no more a citizen of Sri Lanka as Raji has obtained citizenship in Singapore and migrated to Australia and married a Singapore citizen as Thakshila. Raji’s two children are also given Thakshila ‘s name as their mother. Hence Thakshila has lost her identity and all the rights as a citizen.

Thakshila states that, several officers of the Sri Lankan Immigration has knowingly, illegally, issued fake passport to Raji using the details of Thakshila. Further, when she made formal complaint to the Immigration Authority still they did not make any inquiry and continuously worked to cover up their illegal activity. Because of these perverted, illegal activity of Sri Lankan immigration officers, fake passport is presently used among the different immigration authorities in the world including, Singapore and Australia.

After providing all the detail evidence to the police officers at CID, still they are also not doing prompt, independent, and efficient investigation. They are also protecting the perpetrator responsible for the crime. Finally, when the victim made a complaint to the HRCSL, they failed in not having initiated proper attention to the case.

Thakshila demands justice.

She is asking for prompt, effective, impartial, and independent investigation into the crime.

SUGGESTED ACTION:

Please write to the authorities listed below expressing your concern about this case and requesting an immediate investigation into the allegations of the police and immigration authorities not investigating the crime, and demanding prosecution of those proven to be responsible under the criminal law of the country. The officers involved must also be subjected to internal investigations for the breach of department orders as issued by the police department and immigration authority.

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