Dear friends,
The Asian Human Rights Commission (AHRC) has been informed that police assaulted two men at the Kalubowila Junction on November 10. As a result of the assault, one man’s spinal vertebra was damaged rendering him unable to walk or stand up straight. However, the police attempted to fabricate the case by falsely reporting it.
CASE DETAILS:
After work, Kurugamage Don Predeep went to a restaurant to have dinner with his friend Laksiri, a driver at the Kalubowila Junction at 8:30pm on November 10. While they were ordering dinner, Pradeep asked Laksiri to put a ‘Reload’ in his cellular phone. (‘Reload’ is one of the card connection systems used in Sri Lanka not requiring a monthly fee. People reload money to the phone by using a reload card.)
An officer named Manoj, of the traffic branch of the Kohuwala Police Station, without saying a word, suddenly began to beat both Pradeep and Laksiri. Within a short time, a police mobile unit and a team of emergency search and investigation police came to the junction. Five police officers including the driver of the police jeep also started beating them. They beat them using police batons, their hands and legs.
Later they were admitted to ward number 25 of the Kalubowila Hospital. It is reported that Manoj had the nickname of ‘Reload’ because he took bribes from drivers. He used to tell the drivers that if they wanted to be released, they must give him a reload. He thought that Pradeep and Laksiri insulted him by using the word ‘Reload’.
On November 11, Manoj came to Kalubowila hospital telling them that the acting Magistrate had ordered a remand for Pradeep (Remand no. 4195) and Laksiri (Remand no. 4194) without giving them any further detailed information. Their family members had not been informed about this matter.
On November 12, Pradeep’s mother and sister went to the Kohuwala Police Station to lodge a complaint. Officers of the police station made them wait for four or five hours and then did not register their complaint.
After being contacted, Inspector of Police (IP) Lakshmen said that according to the police record book, Pradeep and Laksiri were drunk and fell down on the road. Manoj called the police to investigate. The record also noted that the two were admitted to the hospital to get medicine for their wounds. The IP further admitted that he did not know much about the case except for what was in the record book.
Pradeep’s brother-in-law Sarath made a complaint to the office of Senior Superintendent of Police at Mtlevenia on November 13. Pradeep’s relatives also lodged a complaint with the Human Rights Commission on November 14 (Case No. HRC5741108). At this time, Pradeep was transferred to the Welikada prison hospital on November 14.
A Judicial Medical Officer from the Kalubowila Hospital gave instructions to check Pradeeps eyes and ears and get the X-rays from the private hospital as there were no facilities at his hospital.
According to his mother, Pradeep’s right ear was injured to the extent that he could not hear anything in that ear. A spinal vertebra was also damaged making him unable to stand up straight. His body is racked with pain due to the assault by the police.
The police attempted to fabricate this case by stating falsely that both Pradeep and Laksiri were fighting each other on the day they were assaulted.
SUGGESTED ACTION:
Please write a letter to the government authorities listed below and ask them to investigate this case.
Please be informed that the AHRC has also written a separate letter to the UN Special Rapporteur on the Question of Torture calling for intervention in this case.
To support this case, please click here: SEND APPEAL LETTER
SAMPLE LETTER
Dear _________,
SRI LANKA: Please investigate this case where police assaulted two men and attempted to fabricate evidence against them
Name of victims:
1. Mr. Kurugamage Don Predeep, 38; married with four children; private bus driver; residing at No. 44/21/B, Sri Maha vihara Road, Kalubowila, Dehiwala; complainant to the Human Rights Commission (No. HRC5741108 lodged on 14 November 2008)
2. Mr. Laksiri, driver; victim 1’s friend
Name of alleged perpetrator: Mr. Manoj (4158), traffic branch and five other police officers attached to the Kohuwala Police Station
Place of incident: a restaurant, Kalubowila Junction
Date of incident: 10 November 2008 at 8:30pm
I am writing to express my deep concern regarding the police assault against two men and their attempt to fabricate the case which occurred on 10 November 2008.
According to information received, while Pradeep and Laksiri were waiting for their dinner to be served at a restaurant in Kalubowila Junction, Pradeep asked Laksiri to reload money on to his mobile phone. On hearing this, Manoj (Badge no. 4158) attached to the Kohuwala Police Station allegedly started assaulting them at 8:30pm on November 10, 2008. In few minutes, five additional police officers came in a police car and joined in the assault.
I am informed that Pradeep was admitted to the Kalubowila Hospital for injuries caused by the assault. According to his mother, his right ear was so damaged that he could not hear anything in that ear besides which he is now unable to stand up straight because a spinal vertebra was also damaged.
Meanwhile, Manoj came to the hospital on November 11 and informed them that the acting Magistrate ordered them remanded without giving them any further detailed information. They were remanded. (Pradeep’s remand no. 4195 and Laksiri’s remand no. 4194)
I am also informed that when Pradeep’s mother and sister went to the Kohuwala Police Station to lodge a complaint, officers at the station made them wait for about five hours and then did not register their complaint.
As the complaint was not registered and there was no follow-up investigation, the police have now also attempted to fabricate and falsely report this case. The police said that both Pradeep and Laksiri were fighting each other on the day they were assaulted.
In light of the above, I urge you to investigate the cause of Pradeep’s injuries. Are they the result of fighting with his friend Laksiri or of the assault by Manoj and five other police officers at the restaurant? Those responsible should be properly prosecuted and punished according to the law.
I also urge that another inquiry, on the denial of accepting the complaint of Pradeep’s relatives at the Kalubowila Police Station, be held in order to prevent similar cases from occurring in the future.
Yours sincerely,
—-
PLEASE SEND YOUR LETTERS TO:
1. Mr. Jayantha Wickramaratne
Inspector General of Police
New Secretariat
Colombo 1
SRI LANKA
Fax: +94 11 2 440440/327877
E-mail: igp@police.lk
2. 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 or polcom@sltnet.lk
3. 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
4. Mr. Hemantha Priyasanth Dep
Acting Attorney General
Attorney General’s Department
Colombo 12
SRI LANKA
Fax: +94 11 2 436421
E-mail: ag@attorneygeneral.gov.lk
5. Professor Rajiva Wijesinha
Secretary
Ministry of Disaster Management and Human Rights
2, Wijerama Mawatha
Colombo 7
SRI LANKA
Fax: +94 11 268 1982
Thank you.
Urgent Appeals Programme
Asian Human Rights Commission (ua@ahrchk.org)
