The Asian Human Rights Commission is pleased to announce that we have received a letter from Mr. T.A. Mahanama Tilakaratne, Chairman of the Presidential Commission on Disappearances in response to our earlier correspondence in which we sought the assistance of the Commission in regard of the disappearance of Nishantha Chandrasiri. Copies of our letter to Mr. Tilakaratne and his response are produced below:
December 12, 2006
Honourable Mahanama Thilakaratne
Commission on Abductions and Disappearances
131 Bandaranaike Memorial International Conference Hall
Bauddhaloka Mawatha, Colombo 7
Sri Lanka
Dear Mr. Thilakaratne,
Re: Abduction of I.A. Nishantha Chandrasiri on 23.8.2006
We wish to bring to your attention details of the aforementioned abduction for your urgent attention.
Name of the victim: I.A. Nishantha Chandrasiri
Address: No. 122 Bata Pola, Ranala
Name of wife: W. Dinasha Sangeewani Kumari (same address)
Alleged perpetrators: Officer-in-Charge of Navagamuwa Police and six or seven other persons suspected to be police officers
Details of the case
On August 23, 2006 I.A. Nishantha Chandrasiri was arrested while he was visiting the house of a sister by six to seven persons who had come in a white coloured van. At the moment of arrest he and several family members were beaten with rifle butts, hands and feet. The family members were blamed as to why they allowed Nishantha Chandrasiri in their house. His hands were tied with a T shirt he was wearing and he was taken out to a van.
Those who were subjected to the beating went to Nishantha Chandrasiri’s house and informed his wife, W. Dinasha Sangeewani Kumari about what had happened. At this point his wife and a brother of Nishantha Chandrasiri went to the police station. They reached the station at 9:00 a.m. and complained to the Officer-in-Charge (OIC). The OIC shouted at them asking, “Is it now that you have thought of the police and why have you come?” The two persons explained that had come to look for Nishantha Chandrasiri.
The OIC told them that, “We have not brought him. If we get hold of him we will kill him. Even by now there won’t even be pieces of him.”
The OIC did not allow a statement to be recorded from them. He told them to go to other police stations and have a look. The two family members went to the Mirihana Police and were told that they were unaware of such a person. The also went to police stations at Hanwella, Athugiriya and Pelliyagoda but could not find him. On the same day they visited the Human Rights Commission of Sri Lanka and informed the commission that the Navagamuwa police had refused to take a statement. An officer from the commission talked to the Navagamuwa police and thereafter they were asked to go back again to the station. At around 8:00 p.m. they went and informed the officers the reason for their coming and then a statement was recorded. They left the police station at around 10:00 p.m.
During this time a Buddhist monk, who was a friend of the family informed them that Nishantha Chandrasiri was at Mirihana Police station. However, when they went to that station they were told that there was no such person there.
After about a week having received news that he was being kept at the Criminal Investigation Unit at Dematagoda the members of the family visited the place and were shown Nishantha Chandrasiri through a small peephole, seated on a bench in a dark room. They were not told any details and thereafter despite of all attempts they were unable to obtain any further information.
Some weeks before the arrest on August 23 the OIC of Navagamuwa had gone to visit the family house of Nishantha Chandrasiri and told them that he was wanted for some robbery. However, the family is not aware of any such involvement.
The family believes that the OIC of Navagamuwa is aware of what might have happened to Nishantha Chandrasiri. They visited the one-man Commission on Abductions and Disappearances appointed to look into disappearances, which is headed by Mr. Mahanama Thilakaratne, and made a complaint. An Aunt of Nishantha Chandrasiri recorded her evidence.
All that the family has heard about this investigation is that the investigation into the matter is over and a report has been forwarded to the President of Sri Lanka. Despite of all the attempts by the victim’s family in making complaints to the police, the Human Rights Commission of Sri Lanka and the one-man Commission on Abductions and Disappearances the family has not been given any information on the whereabouts of Nishantha Chandrasiri.
The family requests that inquiries be held into the abduction and disappearance of the victim and that the state should find the victim, wherever he is. The family also requests that the one-man Commission on Abductions and Disappearances, the police authorities and the President of Sri Lanka to let them know what has happened to Nishantha Chandrasiri.
Thank you.
Yours sincerely,
John Sloan
PS to Executive Director
Presidential Commission of Inquiry regarding the incidents of abductions, disappearances and attacks on civilians resulting in deaths throughout the Island
Date} 27.12.2006
Mr. John Sloan,
Asian Human Rights Commission
19/F, Go-Up Commercial Building,
998 Canton Road,
Kowloon, Hongkong
Dear Mr. John,
Regarding the Abduction of I. A Nishantha Chandrasiri
Received your intimation dated 12.12.2006 regarding . This Commission has recorded the evidence of his wife and some of the supporting evidence produced by the wife and the evidence of the police officers who conducted the inquiries.
All what you have said in the letter, have been corroborated by the witnesses before the Commission. According to the police officers evidence, Chandrasiri is alleged to have been on remand about a year before, regarding a murder, and a person of criminal tendencies.
The Mandate given to the Commission by His Excellency the President was to go into the complaints of abductions, disappearances and unexplained killings, and the Officers-in- charge of Police stations were summoned and testified before the Commission to ascertain the identity of the abductors, the motive for such incidents etc.
Officer-in-charge of Nawagamuwa Police had failed to record the first complaint instantaneously and had taken too much of time for that, which could have enabled abductors, to take Chandrasiri to some destination.
Finally, the report regarding this and several other incidents about disappearances were forwarded to His Excellency by way of an Interim Report with recommendations to take strong action against all the Officers-in charge of the Police stations, and their superior officers for the lapses on the part of their duties, and to pay compensation to the bereaved families, in the event the victims do not return, or traced.
Signed
T.A. Mahanama Tillakaratne
Chairman of the Commission
