SRI LANKA: Independent investigation needed for Sameera’s extrajudicial killing

Dear Friends, 

The Asian Human Rights Commission (AHRC) has detailed information on the killing of Sameera Dananjaya Pathirana (39) in the cell where he was detained in Ja-Ella Police Station. Sameera was illegally arrested on 17 March 2015. Later, police officers admitted him to the Ja-Ella Government Hospital due to his precarious medical condition. Immediately after the admission, doctors pronounced Sameera dead. Sameera, who used to reside in No. 4, Vishaka Watte, Ja-Ella, Gampaha District, leaves behind a young child. 

The police have since admitted arresting and detaining Sameera. According to the police statement, Sameera hung himself, using his trousers as noose. The statement goes on to state that Sameera hung himself on a hook on the cell door, using material from his own trousers. It argues that immediately after he hung himself the thread gave way and Sameera fell to the ground, after which officers brought him to the hospital and admitted him for treatment. 

This case is symbolic of the crisis that faces the Sri Lankan police force. A lack of accountability and professionalism has allowed extrajudicial punishment and torture to become standard. Protection of all arrestees and detainees is vested with the Officer-in-Charge of the police station, under the Departmental Orders (DOs) of the Police Department.  The Assistant Superintendent of Police (ASP) of the division supervises the OICs duty. In the recent past, the AHRC has reiterated that it is the ASPs who are ignoring their responsibilities and DO’s. As a result, innocent detainees have been paying with their lives. 

By ignoring their duty the ASPs and OICs have encouraged the systematic torture that prevails in and around Sri Lankan police stations and extrajudicial killings committed by law enforcement officers. Continual and flagrant violation of the laws has encouraged the existing practice of impunity in Sri Lanka. 

This is the second case in two weeks that the AHRC has documented and issued an Urgent Appeal relating to a cell death inside the police station following arresting and detention. To stop these heinous crimes, once a credible independent investigation uncovers how and why such events take place, effective reforms must be brought into force.

CASE NARRATIVE: 

According to information received by the Asian Human Rights Commission (AHRC), the victim, Sameera Dananjaya Pathirana (39), resident of No. 4, Vishaka Watte, Ja-Ella, Gampaha District, was illegally arrested by police officers attached to the Ja-Ella Police Station on 17 March 2015. 

The mother of the victim, Ms. T.M. Nandaseelee stated that her son Sameera left home at 9 a.m. on 17th March to go to the Teaching Hospital of North Colombo at Ragama to get treatment for an ankle injury. Because of this chronic injury, which he had been suffering for a long time, he had difficulty working. Not having heard from Sameera the entire day on 17 March, the family awaited his return. 

On the morning of 18 March, officers of Ja-Ella Police Station informed Sameera’s family that he had been arrested, detained in the police cell, and had later died after being admitted to the Ja-Ella Government Hospital. 

Relatives inquired further and learned that Sameera was arrested by officers attached to the Ja-Ella Police Station on 17 March when Sameera was returning home following his treatment. He was arrested at the Ja-Ella Public Bus Terminus. Then he was brought to the police station and detained there. Later, in early hours of 18 March, the officers admitted Sameera to the Ja-Ella Government Hospital in critical condition. Later, hospital authorities pronounced Sameera dead. 

The police announced to the media that Sameera had been arrested and detained by the police. According to the police statement, Sameera hung himself, using his trousers as noose. The statement goes on to state that Sameera hung himself on a hook on the cell door, using material from his own trousers. It argues that immediately after he hung himself the thread gave way and Sameera fell to the ground, after which officers brought him to the hospital and admitted him for treatment. 

Family members strongly believe that following Sameera’s illegal arrest he had been severely tortured and later extrajudicially killed by the police officers. To cover up the torture, the police made up the story that Sameera had committed suicide by trying to hang himself. Relatives questioned the police version in the statement: how could Sameera attempt to commit suicide in the fashion described while police officers were on duty guarding the cell. They have further questioned that how this could happen when the cell in question is located at the center of the station where dozens of officers move and work around the clock. Sameera’s family members have further stated that while several other detainees are present in the same cell how can one detainee hang himself without eliciting response from other detainees or the officers on duty or those milling about. 

The relatives have learned that the police department has initiated a special inquiry into the death of Sameera under the supervision of Assistant Superintendent of Police IV, (ASP IV) of Kalaniya Division along with special police team. Sameera’s body has been transferred to the North Colombo Teaching Hospital for post mortem examinations. 
Presently, family members of the victim, their relatives, and neighbors of the victim, as well as other witnesses, are living in fear for their lives and are seeking proper protection for themselves. 

SUGGESTED ACTION: 
Please call for a thorough, legitimate investigation into this case of extrajudicial killing and for those proven responsible to be brought before a court of law. A credible investigation would need to examine the lack of protection and support extended to a family and a witness under threat. Such protection must now be promptly provided. Please also 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