Dear Friends,
According to information received by the Asian Human Rights Commission, Mr. P. Somadasa and his wife of Palalla, Weligama Police Division, Matara District are being denied their rights. Officers attached to the Weligama Police Station have refused to investigate their complaints about alleged crimes having been committed against their person and property and provide protection. According to the couple, due to nexus between the police and the suspects, their complaints have not been investigated and protection has not been provided.
CASE NARRATIVE:
Mr. P. Somadasa of Palalla, Weligama Police Division, Matara District, has complained about his and his wife’s fundamental rights being violated by officers of Weligama Police Station by their not investigating their complaints related to the threat to their lives. He states that Officer-in-Charge (OIC) of the Police Station is ignoring the duties he is legally obligated to fulfill, as part of the administration of the Sri Lankan criminal justice system.
Somadasa has stated that he and his wife have resided peacefully in their house at Palalla in Weligama for several decades. Further, he says that he and his wife have participated in many social activities and associated with fellow residents of the village actively and that they are law-abiding people who have never committed any crime. There have no any criminal records whatsoever against their name at any police station in the Island.
Yet, recently, they have had to face several threats to their lives and property from their neighbor, who lives next door in the same village. Initially, as a result of a boundary dispute with the neighbour, they faced verbal abuse; they were subjected to the obscene language of their neighbor, and now this has grown into a threat to their lives and property.
The victims have made complaints to the Weligama Police Station on several occasions during the year 2014 and have requested the OIC of the station to initiate immediate investigation into the complaint to stop further harassment from being committed. The victims have requested the police to investigate the matter and bring the responsible person to justice. The police have recorded the complaints but have not cared to investigate the same.
When P. Somadasa inquired from the police officers about the progress of the investigation, he learned that the OIC of the Station has not taken steps to report the situation to the courts, despite him and his wife having provided sufficient information on the evidence of crimes having been committed against them, on the identification of the suspect, and on locations of the crimes, along with the veracity of place and time.
On 29 March 2015 at 8 p.m. in the night, once again both the victims observed that their neighbour approached their house and began to mouth abuse at them in obscene language and then even attempted to threaten their lives. The victims went to the Weligama Police Station and informed the officers on duty that their lives are in danger and wanted make a written complaint and requested the officers to provide protection. The officers accepted the complaint and it was recorded in the name of P Somadasa’s wife. Later, police officers informed the OIC of the station about the situation in front of the couple and advised them to return to their house. The victims waited for the police to investigate their complaint and take the adequate measures to protect their lives and property.
But, until the morning of 30 March, none of the officers came to visit the scene of crime or record any further statements from the suspect. The victims do not know about any steps that the police have taken to investigate the complaint or interrogate the suspect or arrest him.
The victims have decided to seek justice by protesting in public. On 30th March, P. Somadasa staged his protest on the Weligama Akkurassa Main Road near to Akuressa Town by climbing the light post on the roadside. Hundreds of citizens surrounded him and marched in support of him and he requested justice by speedy and independent criminal investigation and the provision of protection for his life and that of his wife.
Then the OIC of the Akuressa Police Station approached the scene and discussed with the victim Somadasa and the other residents. He promised the victim and others that he would take immediate measures to investigate the complaint according to the law and would provide protection as well.
Several weeks following that promise, the victims are still waiting for justice. They wait for effective, independent and impartial investigation by police. They are demanding protection for their lives. According to the victims, police are reluctant to take any actions on their complaints, as the responsible person is a powerful person who has undue influence on the police.
The AHRC has observed that several months ago when there was a complaint on the threat to the life of a woman and she sought protection from the Weligama Police, police officers ignored it and did not provide any protection or initiate any investigation into the complaint.
On 5 July 2014, the following day, the woman who made the complaint was murdered in public by the same suspect who she had complained about. The woman was killed at the Greenwich area of Udupila in Weligama in the same Weligama Police Division where Mr. P. Somadasa has tried to get his complaint attended to. In that case if the Weligama Police has responded to the woman’s complaint without delay and subjected the suspect to the procedure of justice the woman might still have been alive today.
Her case shows that P. Somadasa and his wife are in real danger, living in the precinct of a Police Station, operating within a criminal justice system, where ordinary citizens are left out in the cold, subject to vagaries of brute local power, emboldened by the lack of justice.
Mr. P. Somadasa has further demanded that the reason for the police officers, including the OIC of the Weligama Police Station, not implementing the laws, and following procedure, must be investigated.
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 Independence of Judges and Lawyers on this regard.
To support this case, please click here: SEND APPEAL LETTER
SAMPLE LETTER
Dear ………………..,
SRI LANKA: Weligama Police refuse to investigate complaint of threats to the lives of victims
Name of the victim: P. Somadasa of Palalla, Weligama in Weligama Police Division in the Matara District
Alleged perpetrators: Officer-in-Charge (OIC) of Police Station of Weligama
Date of incident: 29 March 2015
Place of incident: Weligama Police Division
I am writing to express my serious concern about the case of Mr. P. Somadasa of Palalla, Weligama Police Division, Matara District, has complained about his and his wife’s fundamental rights being violated by officers of Weligama Police Station by their not investigating their complaints related to the threat to their lives. He states that Officer-in-Charge (OIC) of the Police Station is ignoring the duties he is legally obligated to fulfill, as part of the administration of the Sri Lankan criminal justice system.
Somadasa has stated that he and his wife have resided peacefully in their house at Palalla in Weligama for several decades. Further, he says that he and his wife have participated in many social activities and associated with fellow residents of the village actively and that they are law-abiding people who have never committed any crime. There have no any criminal records whatsoever against their name at any police station in the Island.
Yet, recently, they have had to face several threats to their lives and property from their neighbor, who lives next door in the same village. Initially, as a result of a boundary dispute with the neighbour, they faced verbal abuse; they were subjected to the obscene language of their neighbor, and now this has grown into a threat to their lives and property.
The victims have made complaints to the Weligama Police Station on several occasions during the year 2014 and have requested the OIC of the station to initiate immediate investigation into the complaint to stop further harassment from being committed. The victims have requested the police to investigate the matter and bring the responsible person to justice. The police have recorded the complaints but have not cared to investigate the same.
When P. Somadasa inquired from the police officers about the progress of the investigation, he learned that the OIC of the Station has not taken steps to report the situation to the courts, despite him and his wife having provided sufficient information on the evidence of crimes having been committed against them, on the identification of the suspect, and on locations of the crimes, along with the veracity of place and time.
On 29 March 2015 at 8 p.m. in the night, once again both the victims observed that their neighbour approached their house and began to mouth abuse at them in obscene language and then even attempted to threaten their lives. The victims went to the Weligama Police Station and informed the officers on duty that their lives are in danger and wanted make a written complaint and requested the officers to provide protection. The officers accepted the complaint and it was recorded in the name of P Somadasa’s wife. Later, police officers informed the OIC of the station about the situation in front of the couple and advised them to return to their house. The victims waited for the police to investigate their complaint and take the adequate measures to protect their lives and property.
But, until the morning of 30th March, none of the officers came to visit the scene of crime or record any further statements from the suspect. The victims do not know about any steps that the police have taken to investigate the complaint or interrogate the suspect or arrest him.
The victims have decided to seek justice by protesting in public. On 30th March, P. Somadasa staged his protest on the Weligama Akkurassa Main Road near to Akuressa Town by climbing the light post on the roadside. Hundreds of citizens surrounded him and marched in support of him and he requested justice by speedy and independent criminal investigation and the provision of protection for his life and that of his wife.
Then the OIC of the Akuressa Police Station approached the scene and discussed with the victim Somadasa and the other residents. He promised the victim and others that he would take immediate measures to investigate the complaint according to the law and would provide protection as well.
Several weeks following that promise, the victims are still waiting for justice. They wait for effective, independent and impartial investigation by police. They are demanding protection for their lives. According to the victims, police are reluctant to take any actions on their complaints, as the responsible person is a powerful person who has undue influence on the police.
The AHRC has observed that several months ago when there was a complaint on the threat to the life of a woman and she sought protection from the Weligama Police, police officers ignored it and did not provide any protection or initiate any investigation into the complaint.
On 5 July 2014, the following day, the woman who made the complaint was murdered in public by the same suspect who she had complained about. The woman was killed at the Greenwich area of Udupila in Weligama in the same Weligama Police Division where Mr. P. Somadasa has tried to get his complaint attended to. In that case if the Weligama Police has responded to the woman’s complaint without delay and subjected the suspect to the procedure of justice the woman might still have been alive today.
Her case shows that P. Somadasa and his wife are in real danger, living in the precinct of a Police Station, operating within a criminal justice system, where ordinary citizens are left out in the cold, subject to vagaries of brute local power, emboldened by the lack of justice.
Mr. P. Somadasa has further demanded that the reason for the police officers, including the OIC of the Weligama Police Station, not implementing the laws, and following procedure, must be investigated.
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 investigated and that they provide protection for victims and witnesses whose rights have been violated by police, which has prevented them from getting 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,
PLEASE SEND YOUR LETTERS TO:
Mr. N.K. Illangakoon
Inspector General of Police
New Secretariat
Colombo 1
SRI LANKA
Fax: +94 11 2 440440
Email: com@police.lk
Mr. Yuvanjana Wijayatilake, PC
Attorney General
Attorney General’s Department
Colombo 12
SRI LANKA
Fax: +94 11 2 436421
Email: ag@attorneygeneral.gov.lk
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
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)
