SRI LANKA: Human Rights Defender illegally arrested, detained and produced in Court on fabricated charges

Dear Friends,

The Asian Human Rights Commission has received information regarding Mr. Murugan Velu Rajagopal (56), No: 1/1, Maberitenna, Rajawella, Digana in Kandy District. On 28 March 2017, he was illegally arrested, detained and produced before the Teledeniya Magistrate’s Court on fabricated charges by police officers of the Teldeniya Police Station. Rajagopal states that the police officers behaved in an unlawful manner, violating his fundamental rights guaranteed by the Constitution. The Police Station Officer-in-Charge (OIC), acted beyond his legal parameters together with the Maberitenna Estate Manager. It was an unlawful and arbitrary act of an Executive Officer. This case is one instance of the fact that Sri Lanka Police illegally arrest innocent people, violating all customary, procedural laws. On some occasions, they arrest innocent people for suspected crimes to satisfy the requests of influential people. They do not follow the instructions in their Police Manual… they harass, torture and abuse ordinary citizens both mentally and physically. And, ALL WITH IMPUNITY.

CASE NARRATIVE:

Rajagopal is a hired Security Guard attached to the Maberitenna Estate where he has worked for 38 years. Rajagopal is a trade unionist. He is President (Thalavar) of the Maberitenna Estate Branch of the Ceylon Workers Congress (CWC). He is a front-line activist of the civil rights movements in the area as well as a human rights defender. 

The Maberitenna Estate in Kandy, operated by the National Livestock Development Board (NLDB). NLDB, is a Sri Lankan State-owned company. There are around 300 families living and working in the estate. 
In May 2014 the Government announced and started a project to build a domestic airport at Maberitenna in Teldeniya Pradeshiya Saba in the Kandy District. Due to this development project, the government informed the residents of the area that they have to resettle their families in another area. The government said they had chosen their new location with the necessary surrounding land. In the First Stage, they sought to acquire all the land they estimated they would need. 

The Government notified the 300 families living in the estate that they had to resettle. The Officials promised alternative land to the Maberitenna Estate residents. It was located in another part of the same estate. 

At the Second Stage, the Government and the NLDB officials asked several residents to immediately vacate their homes. The Sri Lankan Air Force was going to build an Air Force Base at their place. Within several days, Air Force staff along with development companies began work. They blasted rocks, leveling the land and developing the whole area. In this process several houses were damaged. 

At this point Government and NLDB officials accelerated the relocation process. They called all residents and estate workers to a meeting. Here, they explained the relocation process and the new resettlement lands. A list of land recipients was clearly mentioned. Each resident would get a ‘land lot’ of 10 perch. Later, the Government would give financial assistance to build their own houses. 

There were no disputes on the issues discussed. Residents were happy. On 2 July 2014 they were given a layout of the new location. They were told that they were going to be settled soon and further numbers of allocated lots were given to each family. 

There was a ceremony when the new land plots were given to the people. They identified their plots of land, cleared them and fenced some of them in.

When the new government came into power in 2015, the Housing Ministry informed the recipients under the signature of the Minister, Sajith Premadasa. He promised Sri Lankan Rupees 10,000 (US$ 65) to each family to build a house with 2 rooms, a kitchen and a toilet. However, in the letter there was a catch! The money received needed to be repaid monthly. As to be expected, NONE of the families took the loan. It was an inadequate amount of money with which to build a house. 

When the Loan Scheme was inaugurated, several members of Pradeshiya Saba and the manager of the Malberitenna Estate participated. The function was held at the Maberitenna Tamil Maha Vidiylaya with the presence of the Assistant Regional Secretary of the area.

The NLDB collected Rs. 500 from each family as a start up fund to build their new house.

In 2016, the Government did not take steps to build any new houses. Furthermore, the NLDB management asked the people NOT to build houses. So, the leader of Workers Union attached to the CWC registered a complaint on the 20 May 2016 at the Teldeniya Police Station. It was recorded and the registered reference was given as No: CIB/2/223/274. 

Newly settled residents continued developing their lands. They were building fences and connecting pathways to other sites. They searched for additional financial resources to put up their new homes. Their previous houses were either fully or partly damaged due to the development works for the domestic airport. 

Nalim, the NLDB manager was phoned by Police at the Teldeniya Police Station. He was asked to stop the new settlers from entering their land lots. 

On 27 March 2017, 181 families went to clean up and fix up the lands allocated to them. The manager called the police to stop the people from clearing the land. Mr. Velukumar, the Parliamentarian who represented the area was informed by the settlers of the dangerous situation taking shape. He came to the development site to support the settlers. The police did not hinder the resettlement work. The settlers showed their pertinent documents. They were advised by the police officers not to cut down any trees and they were allowed to proceed.

Teldeniya Police Station officers sent a message through Mr. Anton, the former member of Mada Dumbara Prdeshiya Saba asking Rajagopal to come to the Teldeniya Police Station on 28 March 2017. 

Rajagopal went to the police station around 10.45 am on 28 March 2017. He was verbally abused, arrested but not given any reason for his arrest. Rajagopal clearly stated to the police officers that he is a Human Rights Defender and has never committed any crime. The officers did not pay any attention to his innocence. 

Rajogopal states that another resident was arrested with him. Several hours later, two other residents of the area who accompanied him were also arrested. They were detained by the Officer-in-Charge (OIC), Godamune. Everything was done under his direction. It was observed that the OIC was talking to the NLDB Manager over the phone while in the process of arresting and detaining the men. The OIC clearly related every step taken to the manager.

About 2.15p.m., all detainees were transported by jeep to the Teldeniya Magistrate’s Court and were produced in the Court. Rajagopal was not aware of the charges against him. He later learned that the case reference was B/349/17 and his hearing was postponed until 4 September 2017.

Rajagopal states that he had no criminal record or any complaint against him He is a civil society activist, a trade unionist, and a human rights defender in the area. Knowing everything, the Police station OIC started a malicious prosecution against him by illegally arresting and detaining him. He seeks justice for this illegal behavior. He demands justice for the abuse of his fundamental rights.

SUGGESTED ACTION:

Please send a letter to the authorities listed below. Express your concern about this case. Request an immediate investigation into the allegations of abuse of an innocent person by the Police. There needs to be prosecution of those proven to be responsible under the criminal law of the country for misusing the powers of the state. The officers involved must be subject to internal investigations for breach of Police Departmental Orders. Kindly request, that the National Police Commissioner and the Police Inspector General, open a special investigation into the malpractices of those Police Officers who abused their powers. Please note that the AHRC has written a separate letter to the Special Rapporteur on the Situation of Human Rights Defenders in this regard.

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