Dear Friends,
The Asian Human Rights Commission has received information regarding Mr. Siril Sandanaraja, who was illegally arrested, detained and produced before the Teledeniya Magistrate’s Court on fabricated charges by police officers. According to Siril, the police officers behaved in an unlawful manner in cohort with a local wealthy man, violating his fundamental rights guaranteed by the Constitution.
Case Narrative:
Siril is a three-wheeler driver. He owns a three-wheeler and engaged with his worked at a three-wheeler park at Teldeniya Town. Siril’s wife is a housewife and they have two sons aged 20 and 16 years. The children are studying for their respective advance level and ordinary level examinations this year.
While Siril was waiting at this regular vehicle parking place at TeldeniyaTown on 28 March 2017, he was requested for a hire by a resident named Mr. Velu. As the terms of the journey were accepted by Mr. Velu, he accepted the hire request. Siril was directed to drive to the Teldeniya Police Station. On the way, two other persons also known to Siril got into his vehicle. When he reached the police station, he was asked to stay around the police compound as they are coming back soon.
Siril is a law abiding, peaceful person known to many police officers in the station as a regular driver in town. He was waited several hours for Mr. Velu’s return, and then after two hours he decided to go the police station and check their fate. Siril went to the police officer in the reception and informed him that he is waiting for two gentlemen who came by his three-wheeler to take them back.
In return, the officer replied that they are waiting at the office of the Officer-in-Charge (OIC). Then the officer informed the OIC that a driver is waiting for the two persons at his office. The OIC then asked Siril to come to his office. He asked his name, his religion and address, which Siril provided. Then he was asked to sit on a chair at his office for some time. Although Siril explained that he is only a driver who provided the service to those two persons, the OIC did not pay any attention.
Then the OIC told Siril that he is going to produce him before the magistrate, without providing any reason for doing so. Siril pleaded with the officer to release him, as he is an innocent person living in a peaceful manner. Further, he told the OIC that he a driver known to many of his traffic police officers, and he has no personal relationship with the passengers who came with him to the police station. However, the OIC did not change his mind. Meanwhile, Siril observed that the 3rd passenger who came in his three-wheeler also was brought to the office of the OIC.
Siril observed that the OIC was talking to a caller later identified as a powerful wealthy man in the area over the phone, while in the process of arresting and detaining them. The OIC clearly related every step taken to the powerful man.
At 2:15 p.m., all the detainees were transported by jeep to the Teldeniya Magistrate’s Court and were produced in the Court. Siril was not aware of the charges against him. He was informed at the court that he has been granted bail and ordered to pay Rs. 5000 as condition of the bail. As he could not provide that money, he was given one week time to pay. He later learned that the case reference was B/349/17 and his hearing was postponed until 4 September 2017.
Siril states that he had no criminal record or complaint against him. Despite this, the Police station OIC started a malicious prosecution against him by illegally arresting and detaining him. He seeks justice for this illegal behavior.
Suggested Action:
Please send a letter to the authorities listed below and express your concern about this case. Please request an immediate investigation into the allegations of abuse of an innocent person by the Police, and the prosecution of those found responsible. The officers involved must be subjected 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 officers who abused their powers. Please note that the AHRC has written a separate letter to the United Nations Chairperson of the Working Group on Arbitrary Detention in this regard.
To support this case, please click here: SEND APPEAL LETTER
SAMPLE LETTER
Dear ________,
SRI LANKA: Innocent man illegally arrested, detained and produced in Court on fabricated charges
Name of Victims:Mr. Siril Sandanaraja (47), No: 5/5, Maberitenna, Rajawella, Digana in Kandy District
Alleged perpetrators: OIC and officers attached to the Teldeniya Police Station
Date of incident: 28 March 2017
Place of incident: Teldeniya Police Division
According to the information I have received Mr. Siril is a three-wheeler driver. He owns a three-wheeler and engaged with his worked at a three-wheeler park at Teldeniya Town. Siril’s wife is a housewife and they have two sons aged 20 and 16 years. The children are studying for their respective advance level and ordinary level examinations this year.
While Siril was waiting at this regular vehicle parking place at TeldeniyaTown on 28 March 2017, he was requested for a hire by a resident named Mr. Velu. As the terms of the journey were accepted by Mr. Velu, he accepted the hire request. Siril was directed to drive to the Teldeniya Police Station. On the way, two other persons also known to Siril got into his vehicle. When he reached the police station, he was asked to stay around the police compound as they are coming back soon.
Siril is a law abiding, peaceful person known to many police officers in the station as a regular driver in town. He was waited several hours for Mr. Velu’s return, and then after two hours he decided to go the police station and check their fate. Siril went to the police officer in the reception and informed him that he is waiting for two gentlemen who came by his three-wheeler to take them back.
In return, the officer replied that they are waiting at the office of the Officer-in-Charge (OIC). Then the officer informed the OIC that a driver is waiting for the two persons at his office. The OIC then asked Siril to come to his office. He asked his name, his religion and address, which Siril provided. Then he was asked to sit on a chair at his office for some time. Although Siril explained that he is only a driver who provided the service to those two persons, the OIC did not pay any attention.
Then the OIC told Siril that he is going to produce him before the magistrate, without providing any reason for doing so. Siril pleaded with the officer to release him, as he is an innocent person living in a peaceful manner. Further, he told the OIC that he a driver known to many of his traffic police officers, and he has no personal relationship with the passengers who came with him to the police station. However, the OIC did not change his mind. Meanwhile, Siril observed that the 3rd passenger who came in his three-wheeler also was brought to the office of the OIC.
Siril observed that the OIC was talking to a caller later identified as a powerful wealthy man in the area over the phone, while in the process of arresting and detaining them. The OIC clearly related every step taken to the powerful man.
At 2:15 p.m., all the detainees were transported by jeep to the Teldeniya Magistrate’s Court and were produced in the Court. Siril was not aware of the charges against him. He was informed at the court that he has been granted bail and ordered to pay Rs. 5000 as condition of the bail. As he could not provide that money, he was given one week time to pay. He later learned that the case reference was B/349/17 and his hearing was postponed until 4 September 2017.
Siril states that he had no criminal record or complaint against him. Despite this, the Police station OIC started a malicious prosecution against him by illegally arresting and detaining him. He seeks justice for this illegal behavior.
I request the intervention of your good offices to ensure that the authorities listed below open an immediate investigation. They need to look into the allegations of violations of fundamental rights of the victim by officers of the Sri Lanka Police Department. Any officers involved should be subject to an internal investigation for breach of Police Departmental orders.
Yours sincerely,
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PLEASE SEND YOUR LETTERS TO:
1. Mr. PujithJayasundara
Inspector General of Police
New Secretariat
Colombo 1
SRI LANKA
Fax: +94 11 2 440440 / 327877
E-mail: igp@police.lk
2. Mr. Jayantha Jayasooriya PC
Attorney General
Attorney General’s Department
Colombo 12
SRI LANKA
Fax: +94 11 2 436421
E-mail: ag@attorneygeneral.gov.lk
3. 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
4. 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
Thank you.
Urgent Appeals Programme
Asian Human Rights Commission (ua@ahrc.asia)
