Dear friends,
The Asian Human Rights Commission (AHRC) has received information, that a business couple from Meetiyagoda, in the Galle District, had been brutally murdered in broad daylight, in cold blood by a criminal gang. Previously, they repeatedly lodged complaints with the police requesting an investigation and protection from the criminal actions of these gangs. Police paid no attention to their requests and have been lethargic and ineffective in their duty of care.
Relatives and neighbors, besides the business community of Meetiyagoda, are demanding swift justice for this heinous crime. Until justice is secured, they are requesting protection for all victims and witnesses. The business community of the area emphasizes the necessity of taking prompt, effective, impartial, independent and adequate measures against these illegal criminal gangs. They made the point that it is the duty of law enforcement to uphold the rule of the law and to implement the law by providing protection for the average citizen. Business can then carry on at a normal pace.
The Asian Human Rights Commission asks the state of Sri Lanka to take all measures to implement its obligations in the UN human rights conventions it has signed. This can be done by protecting the fundamental rights of all citizens, by respecting their rights contained in the Constitution which gives meaning to the dignity of each member of society.
This case is yet another example that demonstrates the collapse of the rule of law in Sri Lanka.
CASE NARRATIVE:
Recently, the Asian Human Rights Commission (AHRC) received notice of a case in Sri Lanka where a business couple had been brutally murdered in broad daylight, in cold blood, by a group of criminals. It was met with a lethargic approach and inaction by the police.
Mr. Sunil Shantha Malliyawadu (49) and Mahadura Priyangani (47) of Domanvila, Meetiyagoda in Galle District were married and a well-established business couple in the area. Sunil and his wife are highly regarded as philanthropists in the area as well. They were parents to 3 children.
Sunil and Priyangani after their marriage established their business in their hometown Meetiyagoda. But when they received several threats and harassment from the criminal gangs in the area, they were frustrated. As a result, they faced many difficulties in continuing their business. One day in 1998, the criminals, as part of their harassment, ordered Sunil to kneel down in public. It was then that Sunil and Priyangani decided to work abroad and left the country. When their children were grown they would consider re-opening all their businesses in Metiyagoda again, particularly cinnamon oil extraction.
At the time of being harassed by criminal gangs, Sunil and Priyangani lodged several complaints with the Meetiyagoda Police Station. Sunil was not the only target. Hundreds of other businessmen experienced the same conditions. Many residents also made complaints to the same Meetiyagoda Police Station regarding their situation.
But the Officer-in-Charge of the police station did not take any effective action to curb the criminal activities of these gangs. Later, both residents and businessmen lost faith in the policing system. Neighbors stated that, residents were terrorized by underworld gangs dabbling in an illicit liquor trade, under the patronage of certain corrupt officers in the Police station.
In February 2015, Sunil’s son was assaulted by members of these criminal gangs. Father and son made a complaint at the Meetiyagoda Police Station which was recorded. They requested an impartial investigation into their complaint. Police protection was needed to save their lives and to stop further violence against them.
But the Officer-in-Charge of the police station did not investigate the crime. Neither he, nor any of his officers who observed the situation, correctly assessed the dangers existing in the area. Because Sunil and his family members requested protection, the criminal element became vigorously antagonistic towards them.
On 1 March 2015 Sunil and his wife were at their cinnamon oil extracting shed supervising the unloading of a batch of cinnamon. A group of criminals surrounded the shed and in broad daylight shot dead both Sunil and his wife in cold blood. All his workers were eye witnesses to the shooting.
After the police examined the crime scene, they brought the bodies of the deceased for further examination. Then the criminals stepped in, ordering the neighbors, relatives and the business community not to participate or make any decorations or other arrangements such as pandols for the funeral.
People protested against the police for their handling of the case. Then police announced that they initiated a special police investigation into the incident under the Senior Superintendent of Police (SSP) Elpitiya. Steps have been taken to interdict the OIC of the Meetiyagoda Police Station. Furthermore, the constable attached to the crimes division of the Meetiyagoda police station was also interdicted on Tuesday, 3 March for dereliction of duty that led to the killings.
The Police Media Unit (PMU) said that the investigation led by the Ambalangoda Assistant Superintendent of Police (ASP) had revealed that the Officer-in-Charge (OIC) of the crimes division of that police station, the SI and the constable in question were negligent. They had not charged the suspects for using weapons during the assault of Sunil’s son a few days prior to the killing, thereby allowing the suspects to get out on bail.
Enough evidence had been collected to lead the PMU to believe that the same suspects involved in the assault case had carried out the killings. Police investigations revealed that they were possibly involved because they fled the area following the killings, possibly indicating guilt. Another announcement stated that preliminary investigations found the OIC had not properly investigated the complaint made on an earlier occasion regarding the assault on the son and had not provided the necessary information in their report submitted to the court.
The Meetiyagoda community is demanding justice for these killings without further delay. Protection is required for all victims and witnesses. It has been emphasized by the business community that there is a necessity of taking prompt, effective, impartial, independent and adequate measures against these illegal activities. They state that it is the duty of law enforcement agencies to uphold the rule of law and implement the law. Protection should be afforded for every citizen of Sri Lanka. For the good of the country, businessmen must be able to continue their work unimpeded.
The Asian Human Rights Commission requests the State of Sri Lanka to take effective measures to implement its obligations regarding the UN human rights conventions it has signed. This can be accomplished by providing protection for the fundamental rights of every citizen while respecting and giving meaning to the rights enshrined in the Constitution of the land.
SUGGESTED ACTION:
Please request the authorities to prosecute those proven to be responsible for misusing the powers of the state. All officers involved must be subject to internal investigations for breach of department orders. Request the NPC and the IGP to conduct a special investigation into the malpractices of the police officers for abuse of their powers.
Please note that the AHRC has also written a separate letter to the UN Special Rapporteur on the Situation of Human Rights Defenders on this regard.
To support this case, please click here: SEND APPEAL LETTER
SAMPLE LETTER
Dear …………….,
SRI LANKA: Efficient police investigation needed into the double murder of two business people with protection for victims and witnesses
Name of the victim:
1. Mr. Sunil Shantha Malliyawadu (49)
2. Mahadura Priyangani (47)
Both are residents of Domanvila, Meetiyagoda in Galle District
Alleged perpetrators: Officer-in-Charge (OIC) of Police Station of Meetiyagoda
Date of incident: 1 March 2015
Place of incident: Meetiyagoda Police Division
I am writing to express my serious concern over the case of Mr. Sunil Shantha Malliyawadu (49) and Mahadura Priyangani (47) of Domanvila, Meetiyagoda in Galle District, and a business couple who had been brutally murdered in broad daylight, in cold blood, by a group of criminals. It was met with a lethargic approach and inaction by the police. They were married and a well-established business couple in the area. Sunil and his wife are highly regarded as philanthropists in the area as well. They were parents to 3 children.
Sunil and Priyangani after their marriage established their business in their hometown Meetiyagoda. But when they received several threats and harassment from the criminal gangs in the area, they were frustrated. As a result, they faced many difficulties in continuing their business. One day in 1998, the criminals, as part of their harassment, ordered Sunil to kneel down in public. It was then that Sunil and Priyangani decided to work abroad and left the country. When their children were grown they would consider re-opening all their businesses in Metiyagoda again, particularly cinnamon oil extraction.
At the time of being harassed by criminal gangs, Sunil and Priyangani lodged several complaints with the Meetiyagoda Police Station. Sunil was not the only target. Hundreds of other businessmen experienced the same conditions. Many residents also made complaints to the same Meetiyagoda Police Station regarding their situation.
But the Officer-in-Charge of the police station did not take any effective action to curb the criminal activities of these gangs. Later, both residents and businessmen lost faith in the policing system. Neighbors stated that, residents were terrorized by underworld gangs dabbling in an illicit liquor trade, under the patronage of certain corrupt officers in the Police station.
In February 2015, Sunil’s son was assaulted by members of these criminal gangs. Father and son made a complaint at the Meetiyagoda Police Station which was recorded. They requested an impartial investigation into their complaint. Police protection was needed to save their lives and to stop further violence against them.
But the Officer-in-Charge of the police station did not investigate the crime. Neither he, nor any of his officers who observed the situation, correctly assessed the dangers existing in the area. Because Sunil and his family members requested protection, the criminal element became vigorously antagonistic towards them.
On 1 March 2015 Sunil and his wife were at their cinnamon oil extracting shed supervising the unloading of a batch of cinnamon. A group of criminals surrounded the shed and in broad daylight shot dead both Sunil and his wife in cold blood. All his workers were eye witnesses to the shooting.
After the police examined the crime scene, they brought the bodies of the deceased for further examination. Then the criminals stepped in, ordering the neighbors, relatives and the business community not to participate or make any decorations or other arrangements such as pandols for the funeral.
People protested against the police for their handling of the case. Then police announced that they initiated a special police investigation into the incident under the Senior Superintendent of Police (SSP) Elpitiya. Steps have been taken to interdict the OIC of the Meetiyagoda Police Station. Furthermore, the constable attached to the crimes division of the Meetiyagoda police station was also interdicted on Tuesday, 3 March for dereliction of duty that led to the killings.
The Police Media Unit (PMU) said that the investigation led by the Ambalangoda Assistant Superintendent of Police (ASP) had revealed that the Officer-in-Charge (OIC) of the crimes division of that police station, the SI and the constable in question were negligent. They had not charged the suspects for using weapons during the assault of Sunil’s son a few days prior to the killing, thereby allowing the suspects to get out on bail.
Enough evidence had been collected to lead the PMU to believe that the same suspects involved in the assault case had carried out the killings. Police investigations revealed that they were possibly involved because they fled the area following the killings, possibly indicating guilt. Another announcement stated that preliminary investigations found the OIC had not properly investigated the complaint made on an earlier occasion regarding the assault on the son and had not provided the necessary information in their report submitted to the court.
The Meetiyagoda community is demanding justice for these killings without further delay. Protection is required for all victims and witnesses. It has been emphasized by the business community that there is a necessity of taking prompt, effective, impartial, independent and adequate measures against these illegal activities. They state that it is the duty of law enforcement agencies to uphold the rule of law and implement the law. Protection should be afforded for every citizen of Sri Lanka. For the good of the country, businessmen must be able to continue their work unimpeded.
The Asian Human Rights Commission requests the State of Sri Lanka to take effective measures to implement its obligations regarding the UN human rights conventions it has signed. This can be accomplished by providing protection for the fundamental rights of every citizen while respecting and giving meaning to the rights enshrined in the Constitution of the land.
I therefore request your urgent intervention with the authorities listed below. Please ask that they instigate an immediate investigation into the allegations of police complaints not being recorded; that they provide protection for victims and witnesses whose rights have been violated by police which prevents them from receiving justice. There has to be prosecution of the responsible persons for misusing the powers of the state. All officers involved must be subject to internal investigations for breach of department orders.
Yours sincerely,
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PLEASE SEND YOUR LETTERS TO:
1. Mr. N.K. Illangakoon
Inspector General of Police (IGP)
New Secretariat
Colombo 1
SRI LANKA
Fax: +94 11 2 440440
Email: com@police.lk
2. Mr. Yuvanjana Jawaharlal Wanasundera Wijayatilake, PC
Attorney General
Attorney General’s Department
Colombo 12
SRI LANKA
Fax: +94 11 2 436421
3. 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
4. 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
5. Secretary
Human Rights Commission of Sri Lanka
No 108 Barnes Place
Colombo 07
SRI LANKA
Tel: +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)
