SRI LANKA: Estate manager forcibly evicted by police at request of two influential persons

Dear friends,

The Asian Human Rights Commission (AHRC), received information regarding Mr. Rajapaksha Madagam Gedara Rathnasiri, of Pahurugolla Estate, Udawela, Theldeniya in Kandy District. He was manager of the Puhurugolla Estate in Theldeniya Police Division until 22nd May 2015. On that day, he was illegally arrested, detained and forcefully evicted by the Special Investigation Unit (SIU) of the Kandy Headquarters Police Station. According to the victim, police were influenced and directed by a Member of Parliament, Mr.Buddhika Pathirana. He and one of the estate owners accompanied the police at all times. Many personal belongings of the victim were confiscated. They included several valuable items and a weapon owned by the victim with its license issued by the Sri Lanka Ministry of Defense. Police filed several fabricated cases before the Theldeniya Magistrate Court, preventing him from availing of his legal rights. He states that he was harassed and discriminated by police and the afore- mentioned parliamentarian. They sought to deny his labor rights, gained after 22 years of service at the estate. He learned that the parliamentarian made false documents in order to gain ownership of the estate, while he himself was victimized with long illegal processes. The victim appeals for justice from the police and political harassments.

CASE NARRATIVE:

Mr. Rathnapriya Mahinda Weerasinghe and his wife Mrs. Gunvor Anestad, a Norwegian Citizen and their daughter, co- owned the Pahurugolla Estate. It was more than 150 acres in Udawela, Theldeniya, Kandy District. On 4 January 1994, Mr. Rathnasiri was appointed by the estate owners, as manager of the Pahurugolla Estate. He executed his duties with due care which was much appreciated by the owners. He successfully developed the estate taking it to a much higher level of value. During his tenure, he developed a fully grown plantation of coconuts, cocoa, oranges, tea and several other spices for export. Rathnasiri maintained a harmonious and responsible relationship with his employees while he was appreciated as their trustworthy employer.

On 22nd May 2015, at 10 am, Mr. Rathnasiri returned home from Theldeniya. He saw two police officers in uniform. They were driving a three-wheeler and were waiting near the entrance gate of the Estate Superintendent’s Bungalow. Two estate security guards were with them. He was requested to get into the three-wheeler which he did. He was taken to the Bungalow. When he exited the three-wheeler, he saw the Member of Parliament Mr. Buddhika Pathirana and one of the owners of the estate Mr. Rathnapriya Mahinda Weerasinghe. He also identified a senior police office. Later they identified him as Inspector of Police (IP) Amarasinghe of the Special Investigations Unit (SIU) of the Kandy Headquarters Police Station. There were altogether 6 mail police officers and a one woman police officer. They all were in the Superintendent’s Bungalow garden. Rathnasiri, as manager of the estate, officially used the bungalow as his personal residence. He resided there during all his years of service.

IP Amarasinghe asked Rathnasiri where the keys to the bungalow were. When he showed him the keys, he was asked to open the door of the bungalow. The inspector then took the keys back. He asked where his weapon and the weapon of the estate. Rathnasiri opened up his cupboard and showed both weapons to the inspector, which he took. The police officers searched all the cupboards in the room. Rathnasiri went to the washroom and made a call to one of his sons. He informed him about what was happening and asked his help to rescue him, using all his efforts.

Mr. Rathnasiri was taken out of the bungalow surrounded by three police officers, MP Buddhika Pathirana and his guards. He was taken to his private home which was 300 meters away from the estate. He was publicly paraded by the police officers as a criminal in the presence of the parliamentarian. He states that he was exhibited, humiliated, mentally traumatized and tortured by the police under the direction of Mr. Buddhika Pathirana.

The Inspector, two police officers and one other person entered his private property. He identified the unknown person as an officer of a ‘Samadhi Community Development Foundation’. He was asked to open the door of his house. Both sons of Rathnasiri were there. They observed everything that was going on, especially noting how their father was upset by the police officers and Mr. Pathirana. Rathnasiri asked whether they had a search warrant, issued by a magistrate of the court, to enter his private property. They said there was no need for a warrant to search his house. They proceeded to search his whole house.

Later, Rathnasiri was taken back to the estate’s bungalow again. His employer, Mr. Weerasinghe and parliamentarian Buddhika Pathirana were still at the bungalow. Parliamentarian Pathirana instructed the police officers to take Mr. Rathnasiri’s belongings and keep them under police supervision. Pathirana directed the police to request the financial books and other relevant documents from Rathnasiri. The Parliamentarian was concerned about the risk of having this incident recorded on video. He asked IP Amarasinghe to take the mobile phones of Rathnasiri and his two sons who were now at the bungalow. Several books and documents, 13 files, electricity bills and the weapon belonging to Rathnasiri were taken into police custody.

Subsequently, Rathnasiri was shown a notice which terminated his services as manager of the Pahurugolla Estate. It was published on 1 may 2015 in three newspapers in Sinhala, Tamil and English. Before this incident, Rathnasiri was never informed about his termination by any of his employers. Pathirana said that the Pahurugolla Estate was to be taken over by the ‘Samadhi Community Development Foundation’ to carry on some projects. No employee who worked under the previous estate owners would be given employment under the new management.

There were some belongings of Mrs. Gunveor Anestad at the bungalow, which the Parliamentarian noted could be taken into ‘his custody’. Therefore, Mr. Rathnasiri and Mr. Weerasinghe were required to take possession of her belongings, submitting a written breakdown. A female police officer was asked to write the letter and it was given to Rathnasiri and Weerasinghe to sign. Eventually, Rathnasiri was asked to only remove his clothes and leave the bungalow. Rathnasiri left the Pahurugolla Estate Bungalow. He went directly to the Theldeniya Police Station to lodge a complaint against all the illegal activities of the parliamentarian Buddhika Pathirana and Weerasinghe. His complaint was recorded by the police.

Rathnasiri learned that Mr. Weerasinghe had lodged a complaint about an incident of theft of a lightning rod (valued at Rs. 35 million), against him with the Theldeniya Police Station. Rathnasiri states that he had no knowledge of any such theft. When police requested parties to come for investigation regarding this complaint, Mr. Weerasinghe had never shown up at any of the inquiries. But Rathnasiri states that while conduction police investigations, police have discovered that the complaint was baseless as the said lightening rod was in the possession of the owners of the estate. Later he learned that police have filed a case under reference number B/1224/2015 at the Magistrate’s Court of Theldeniya, with regard to the same theft.

It was also revealed that Theldeniya Police filed yet another fabricated case with reference number B/312/2015 at the Magistrate’s Court of Theldeniya, also against him. Later, he learned that in this case he was accused of preparing a fraudulent power of attorney. Rathnasiri states that this particular power of attorney was prepared by his employer only for the purpose of paying electricity bills, and other land related payments. He further states that it is the employer who prepared the power of attorney and now he was falsely accused for it instead.

The police due to the influence of this parliamentarian and the owner of the estate have filed another fabricated case against him under the case reference, AR/524/2015 at the Magistrate’s Court of Theldeniya. In this case Rathnasiri was accused of possession of a weapon without proper government license. He states that this is also a baseless charge. He further states that, particular weapon was issued by the state authority after having faced an interview panel which consisted of Senior Superintendent of Police (SSP) of Kandy, Government Agent of Kandy District and the Agent of the Ministry of Defense. He further states that the weapon, is personally owned by him and the State has issued license for that from year 2008. From 2008 to 2015 the license was extended. Rathnasiri states that even after he submitted all the necessary evidence he was falsely accused by the police due to the undue influence of the powerful people.

Rathnasiri states that he is continuously sufferings and subjected to continued violation of rights due to the illegal actions of the police. According to Rathanasiri, his employers have not contributed their legal dues to the Employees’ Provident Fund for the past 22 years of his service. He states that several dozens of employees of the State were also denied their rights, because of these illegal activities of the powerful people.

Rathnasiri states that he learned that, one of his employers, Mr. Weerasinge wanted to terminate him. He sought publicity as a philanthropist in the area. So he decided to donate three acres of his land to the ‘Samadhi Community Development Foundation,’ facilitated by the parliamentarian, Mr. Buddhika Pathirana. Then he got help from the parliamentarian to illegally terminate Rathnasiri’s services, using the police as a parliamentarian. This further prevented him from obtaining justice against violations of his rights and the fabricated cases filed against him. 

Rathnasiri learned that Mr. Weerasinghe donated three acres to the ‘Samadhi Community Development Foundation’. However, they fraudulently compiled a deed which states that Mr. Weerasinghe donated thirty-three acres (33). Immediately Rathnasiri informed the co-owner of the estate Mrs. Gunvor Anestad and her daughter about the new development. Then they filed a caveat notice with immediate effect, with the Land Registry of Kandy. The owners of the estate were able to challenge the false document prepared by the foundation. 

Rathnasiri affirmed that the police publicly humiliated him by parading him as a criminal before the public and his sons, mentally traumatized him severely, illegally arrested him, and detained him. The victim states that the actions of the police constitute the crime of torture under Sri Lankan law. In addition, police terminated his work and filed several fabricated cases against him. He was prevented from obtaining justice for the violations of his rights under the law. He seeks justice and demands a stop to further harassments against him.

SUGGESTED ACTION:

Please write to the authorities listed below expressing your concern about this case. Request an immediate investigation into the allegations of illegal arrest, detention, torture by the police officers, and the prosecution of those proven to be responsible under Sri Lankan criminal law. The officers involved should be subject to internal investigations for breach of Police Department orders.

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