Dear Friends,
The Asian Human Rights Commission (AHRC) has gathered detailed information on the custodial death in custody of an innocent man. This took place at the Dummalasuriya Police Station in Kurunegalle District on 4th March 2015. He was, illegally arrested and questioned immediately after his wife filed a complaint with the police regarding a family dispute. He continually maintained his innocence. The victim inquired about the legality of his arrest and the reason for his detention. Several relatives visited him within hours of his arrest and found him in good health and reasonable. Later that night the police had him admitted to the GalmuruwaGovernment Hospital where he pronounced dead. The police issued a statement to the media that the suspect hung himself inside the police cell. Relatives questioned the veracity of the statement. They asked how the victim could hang himself without any interference by a suspect with him inside the cell and the officer in front of the cell guarding it. Witnesses who saw the dead body testified that there were bodily injuries that they did not notice several hours before the incident while the victim was alive. Family members strongly demanded justice for the illegal arrest, detention and extrajudicial killing of their family member. Because the persons responsible for the death are police officers, the family members are now living in fear of their lives.
This case is symptomatic of the crisis that now faces the Sri Lankan police force. A lack of accountability and professionalism has allowed extrajudicial punishment to become the norm. A police sergeant and a constable have been transferred to another station in respect of this incident. However, the Officer-in-Charge (OIC) of the Dummalasuriya Police Station still serves at the same station without being subject to investigation or prosecution. Once a credible, independent investigation has found out how these events came about, effective reforms can be put into force.
CASE NARRATIVE:
According to information that the Asian Human Rights Commission received, Mahawatthage Don Chaminda Pushpakumara (38) of Shanthigama, Dummalasuriya in the Kurunegalle District died while in police custody at the Dummalasuriya Police Station in the Kurunegalle District on 4th March 2015. Relatives of the victim state that police officers are responsible for the death and they must be arrested and prosecuted for extrajudicial killing, illegal arrest and torture.
On 4th of March 2015 Chaminda’s wife filed a complaint against him regarding a family dispute mentioning that he had taken her gold chain as well.
A team of police officers arrested Chaminda at Dammalasuriya at 7pm. Here, they accused him of stealing a gold chain. He immediately refuted the accusation and provided evidence that it is he who bought the gold chain. He handed the gold chain over to the police officers and they accepted it as proof of his claim. Then the police brought Chaminda to the Dummalasuriya Police Station where he was detained in a cell.
As soon as she got the news that her brother was arrested, the elder sister of Chaminda, M D Rupawathi (46) traveled by trishaw to the police station with her son and a neighbor.
A police officer came to them and accused Chaminda of stealing a gold chain. He further threatened him that a remand order from the court would be taken out to remand him for 14 days.
Then Chaminda vehemently refuted the accusation. In front of all of them he said that he had not stolen the gold chain proving that he bought it. He openly told them that after his arrest he handed the chain over to the police officers.
Chaminda accused the police officers of harassing him following a fraudulent complaint by his wife fulfilling some whims and fantasies she was harboring.
Rupawathi, her son and their neighbor observed that when Chaminda was detained in the police cell, he appeared in good health. She brought him dinner, cool drinks and some fish buns which he ate in front of them.
They observed that another suspect was detained in the same cell with Chaminda at that time.
Rupawathi further stated that her brother had no visible injuries, did not complain about anything and had no ailment or other difficulties at that time. He mind was sound mind. However, he continuously complained about the police who illegally arrested him. At this point, Rupawathi and her two companions left the police station.
Later that night, the police left a message that Chaminda was admitted to the Galmuruwa Government Hospital due to a sudden illness.
When Rupawathi went to the hospital to see her brother, she found his dead body lying on a gurney. He had several visible injuries on his body. She started screaming, accusing the police officers of killing her younger brother.
Afterwards, the police officially announced that Chaminda after being arrested and detained in a police cell, committed suicide inside the cell, using his own trousers to hang himself on the gate of the cell.
Rupawathi and her family members stated that their relative was a peaceful citizen who had never committed a crime. Nevertheless, he was illegally arrested him and detained. Chaminda had no reason to commit suicide. Rupawathi said that despite what the police asserted, there was no possibility of hanging himself inside the cell. Besides, there was another detainee inside the same cell. Therefore, Chaminda could not hang himself without the detainee being aware of it. And the cell was so placed that all the officers in the police station could see him and be aware of his behavior. Chaminda was a well built, healthy, toll man who would not fit on the door of the cell. And how could the duty officer who is sitting next to the cell guarding not have knowledge of what was going on. Rupawathi says that police officers attached to the Dummalasuriya Police Station, tortured, and killed her brother, extra judicially. She is requesting a prompt, independent, impartial, efficient investigation into the death of her brother.
Police subsequently announced that the Senior Superintendent of Police (SSP) Kuliyapitiya has initiated an investigation into Chaminda’s death. The SSP transferred two police officers, a sergeant and a constable who were responsible for his death.
Chaminda’s relatives know that it is the responsibility of the police to protect the life of any detainee who is arrested. And they know that it was police officers who illegally arrested, detained, tortured and extra judicially killed their family member. They are seeking justice and waiting to see that the responsible police officers are prosecuted in a court of law with due process and without delay. There is a fear of the police, who as authority figures of the government, killed Chaminda. His relatives, fearing for their lives, are seeking immediate protection for all witnesses and victims of this case.
SUGGESTED ACTION:
Please call for a thorough, legitimate investigation into this case and for those proven responsible to be brought before a court of law. An investigation would need to examine in detail the lack of protection and support extended to a family or a witness under threat. Such protection must be quickly provided. Please call for the Human Rights Commission of Sri Lanka to independently investigate the case, particularly the roles of high-ranking police officers in the district.
The AHRC has written to the Special Rapporteur on Extra-judicial, Summary or Arbitrary Executions informing him of this case.
To support this case, please click here: SEND APPEAL LETTER
SAMPLE LETTER
Dear __________,
SRI LANKA: Custodial death at Dummalasuriya Police Station must be independently investigated
Name of victim: Mahawatthage Don Chaminda Pushpakumara (38) of Shanthigama, Dummalasuriya in the Kurunegalle District
Name of alleged perpetrators:
1) Officer-in-Charge (OIC) Police Station Dummalasuriya
2) Officers attached to the Dummalasuriya Police station.
Date of incident: 4th March 2015
Place of incident: Dummalasuriya Police Division
I am writing to voice my deep concern regarding the case of Mahawatthage Don Chaminda Pushpakumara (38) of Shanthigama, Dummalasuriya in the Kurunegalle District died while in police custody at the Dummalasuriya Police Station in the Kurunegalle District on 4thMarch 2015. Relatives of the victim state that police officers are responsible for the death and they must be arrested and prosecuted for extrajudicial killing, illegal arrest and torture.
On 4th of March 2015 Chaminda’s wife filed a complaint against him regarding a family dispute mentioning that he had taken her gold chain as well.
A team of police officers arrested Chaminda at Dammalasuriya at 7pm. Later he was brought to the Dummalasuriya Police Station. Here, they accused him of stealing a gold chain. He immediately refuted the accusation and provided evidence that it is he who bought the gold chain. He handed the gold chain over to the police officers and they accepted it as proof of his claim. Then the police brought Chaminda to the Dummalasuriya Police Station where he was detained in a cell.
As soon as she got the news that her brother was arrested, the elder sister of Chaminda, M D Rupawathi (46) traveled by trishaw to the police station with her son and a neighbor.
A police officer came to them and accused Chaminda of stealing a gold chain. He further threatened him that a remand order from the court would be taken out to remand him for 14 days.
Then Chaminda vehemently refuted the accusation. In front of all of them he said that he had not stolen the gold chain proving that he bought it. He openly told them that after his arrest he handed the chain over to the police officers.
Chaminda accused the police officers of harassing him following a fraudulent complaint by his wife fulfilling some whims and fantasies she was harboring.
Rupawathi, her son and their neighbor observed that when Chaminda was detained in the police cell, he appeared in good health. She brought him dinner, cool drinks and some fish buns which he ate in front of them.
They observed that another suspect was detained in the same cell with Chaminda at that time.
Rupawathi further stated that her brother had no visible injuries, did not complain about anything and had no ailment or other difficulties at that time. He mind was sound mind. However, he continuously complained about the police who illegally arrested him. At this point, Rupawathi and her two companions left the police station.
Later that night, the police left a message that Chaminda was admitted to the Galmuruwa Government Hospital due to a sudden illness.
When Rupawathi went to the hospital to see her brother, she found his dead body lying on a gurney. He had several visible injuries on his body. She started screaming, accusing the police officers of killing her younger brother.
Afterwards, the police officially announced that Chaminda after being arrested and detained in a police cell, committed suicide inside the cell, using his own trousers to hang himself on the gate of the cell.
Rupawathi and her family members stated that their relative was a peaceful citizen who had never committed a crime. Nevertheless, he was illegally arrested him and detained. Chaminda had no reason to commit suicide. Rupawathi said that despite what the police asserted, there was no possibility of hanging himself inside the cell. Besides, there was another detainee inside the same cell. Therefore, Chaminda could not hang himself without the detainee being aware of it. And the cell was so placed that all the officers in the police station could see him and be aware of his behavior. Chaminda was a well built, healthy, toll man who would not fit on the door of the cell. And how could the duty officer who is sitting next to the cell guarding not have knowledge of what was going on. Rupawathi says that police officers attached to the Dummalasuriya Police Station, tortured, and killed her brother, extra judicially. She is requesting a prompt, independent, impartial, efficient investigation into the death of her brother.
Police subsequently announced that the Senior Superintendent of Police (SSP) Kuliyapitiya has initiated an investigation into Chaminda’s death. The SSP transferred two police officers, a sergeant and a constable who were responsible for his death.
Chaminda’s relatives know that it is the responsibility of the police to protect the life of any detainee who is arrested. And they know that it was police officers who illegally arrested, detained, tortured and extra judicially killed their family member. They are seeking justice and waiting to see that the responsible police officers are prosecuted in a court of law with due process and without delay. There is a fear of the police, who as authority figures of the government, killed Chaminda. His relatives, fearing for their lives, are seeking immediate protection for all witnesses and victims of this case.
Although an investigation is now underway and witnesses’ statements have been recorded, the conduct of the authorities and the atmosphere of lawlessness leading up to Mr. Chaminda’s death has thrown the independence of any enquiry into doubt. This has been reflected in that fact that OIC Dummalasuriya Police Station has not been indicted with the other police officers responsible for the death. This is a common, yet, shockingly insufficient response to police crime where the commanding officers should be responsible to oversee the entire work of a station.
The Human Rights Commission of Sri Lanka must take responsibility for independently investigating the case, and the role and responsibility of high-ranking police officers in the district.
Such an investigation in this case would also need to examine the lack of protection and support extended to a family or a witness under threat. Such protection, it goes without saying, must be given without delay.
This case is symbolic of the crisis that now faces the Sri Lankan police force, where a lack of accountability and professionalism has allowed extrajudicial punishment to become the norm. Once a credible, independent investigation has found out how these events took place, effective reforms can be brought into force.
Yours sincerely,
—————-
PLEASE SEND YOUR LETTERS TO:
Mr. N.K. Illangakoon
Inspector General of Police (IGP),
New Secretariat,
Colombo 1,
SRI LANKA
Fax: +94 11 2 440440
Email: com@police.lk
Mr. Yuvanjana Jawaharlal Wanasundera Wijayatilake, PC
Attorney General
Attorney General’s Department,
Colombo 12,
SRI LANKA
Fax: +94 11 2 436421
Chief Justice,
Office of the Chief Justice of the Supreme Court of Sri Lanka
Superior Courts Complex,
Colombo-12,
SRI LANKA
Fax: +94-11-2437534
Secretary,
National Police Commission,
3rd Floor Rotunda Towers,
109 Galle Road,
Colombo 03,
SRI LANKA
Tel/Fax: +94 11 2 395960
Email: polcom@sltnet.lk
Secretary,
Human Rights Commission of Sri Lanka,
No 108 Barnes Place,
Colombo 07
SRI LANKA
Tel: +94 11 2 694 925
+94 11 2 694 925 / 673 806
Fax: +94 11 2 694 924 / 696 470
Email: sechrc@sltnet.lk
Thank you.
Urgent Appeals Programme
Asian Human Rights Commission (ua@ahrc.asia)
