Dear friends,
The Asian Human Rights Commission (AHRC) has received information that a group of nine men were arrested by the Matale police at the instigation of the Superintendent of the Hunnasgiriya Estate. The incident occurred after a group of men protested at the office of the superintendent who had earlier assaulted a man for collecting firewood. The superintendent appeared to be inebriated at the time of the assault. Several of the men who were subsequently arrested were not even present at the time. This case is yet another illustration of the exceptional collapse of the rule of law in the country.
CASE NARRATIVE:
According to the information received by the Asian Human Rights Commission (AHRC) a group of nine persons, all living at the Hunnasgiriya Estate, where some of them also work, gathered in support of Selambaran Wanaraja, who had been assaulted by the superintendent of the Hunnasgiriya Estate, Mangala Dayasiri. (Please see our Urgent Appeal: AHRC-UAC-031-2014). Dayasiri who appeared to be inebriated at the time of the assault which occurred on 16 December 2013. Wanaraja had been gathering firewood for his late wife’s alms giving with permission obtained after following the usual procedure at Estate.
The news of Wanaraja’s assault quickly spread through the estate and around 300 people gathered at the estate’s factory premises where Wanaraja was forced to unload the firewood. The leader of the labourers (thaleiwars) asked the superintendant, the reason for assaulting Wanaraja. At that, the Superintendant Dayasiri raised his rifle and fired into the sky and threatened them not to come near him.
Subsequently four police jeeps arrived and the leaders were taken to the Matale Headquarters Police Station. On 17 December 2013, the residents of the estate received a list which was said to be from the Matale Matale Headquarters Police Station, which contained the names of 14 persons ordering them to come to the Matale Headquarters Police Station immediately. The victims believe that this list was prepared by the police officers along with the superintendent of the estate to fulfill his whims and fancies that he was a powerful person on the estate. It was merely a piece of paper written by hand without a signature, stamp or any other indication that it was official. It was later taken back by the police.
On 19 December 2013, police officers came to the estate searching for Sellai Sathyamurthi; whose name was not even in the previous list and put him into the jeep. Another resident of the estate, Sandanam Jebamalai who came there to see what was going on was also put into the jeep by the police officers stating that his name was also there. At the time no reason for their arrest was mentioned. When they were taken to the Matale Headquarters Police Station, realizing their names were not there; the Headquarters Inspector of Police (HQI) tore up the list in front of them. However Sellai Sathyamurthi and Sandanam Jebamalai and all the other suspects who were there were put in a police cell for two days before they were produced in Matale Magistrate’s Court.
The names of the persons illegally arrested are: Sellai Sathyamurthi (42), Sandanam Jebamalai (59), Pichchei Mailawaganam (61), R. M. Sanjeewa Sujeewa Priyankara (34), Ugalendram Subramaniyam (24), V. Sivakumar (32), R. Jenitraj (24), Alagan Sathyasheelan (25), and G. Justin Kumar (26).
R. Jenitraj who works in Colombo received the message from a family member via phone that he was required to go to the Matale Headquarters Police Station. He received the call at his boarding place in Colombo on the 16th, the day that the incident took place at the estate. V. Sivakumar, another person who was asked to go to the police station was also not at the estate at the time the incident took place.
However on 20 December 2013, at 10.00 am Jenitraj and Sivakumar went to the police station along with Alagan Sathyasheelan, R. M. Sanjeewa Sujeewa Priyankara and G. Jestin Kumar whose names were there in the list sent to them by the police. They too were arrested by the police officers and put in a cell.
All those who were arrested were told that they were accused for damaging a government vehicle. The superintendent had alleged that they had broken the windscreen of his jeep on the 16 December 2013 (the day the Superintendent assaulted Wanaraja) which all of them claim that they did not even see. Their statements were recorded on 20 December 2013 and were written in Sinhala although all these people’s first language was Tamil except for Sanjeewa. None of them were given a translation of what the police officers recorded in the statements. Due to the enormous fear they all signed the papers as directed by the police. Sellai and Sandanam were produced before court on 20 December 2013, at 12.30 p.m. They were arrested by the police officers and taken to court in a three-wheeler and subsequently they were remanded at the Dumbara Remand Prison for seven days. Jenitraj, Sivakumar, Sathyasheelan, Sanjeewa and Jestin Kumar were produced before court on 21 December 2013.
Pichchei and another person in the estate received a letter which was also written in the same manner on 20 December asking him to come to the police station after 4 p.m. on the same day. They were arrested as well.
On 21 December, all nine victims were produced before the Matale Magistrate and remanded at the Dumbara Remand Prison. They were released on bail on the 24 December 2013, and were asked to sign at the Matale Matale Headquarters Police Station each Sunday under the number case No: B/1570.
The next calling at Matale Magistrate’s Court is on 2 June 2014.
All the victims state that they all were illegally arrested, tortured and detained due to the influence of the superintendent of the estate. Further they state that the estate’s residents opposed the superintendent for illegally assaulting an innocent man. The victims further state that they are now suffering the long delayed court proceedings and they doubt that they will obtain justice as the police officers who appear for the prosecution are the superintendent. The victims and their family members seek justice and the protection of their rights as enshrined in the Constitution of Sri Lanka.
SUGGESTED ACTION:
Please send a letter to the authorities expressing your concern about this case and requesting an immediate investigation into the allegations torturing an innocent man by the police officers and denying justice and independent inquiry by the police officers. Please request the authorities for prosecution of those proven to be responsible under the criminal law of the country for misusing powers of a state. The officers involved must also be subjected to internal investigations for the breach of the department orders as issued by the police department. Further, please also request the NPC and the IGP to have a special investigation into the malpractices of the police officers for abusing the state officers’ powers.
Please note that the AHRC has also written a separate letter to the Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment on this regard.
To support this case, please click here: SEND APPEAL LETTER
SAMPLE LETTER
Dear ………… ,
SRI LANKA: Nine people illegally arrested, detained and laid with fabricated charge
Name of the victims:
1. Sellai Sathyamurthi (42)
2. Sandanam Jebamalai (59)
3. Pichchei Mailawaganam (61)
4. R. M. Sanjeewa Sujeewa Priyankara (34)
5. Ugalendram Subramaniyam (24)
6. V. Sivakumar (32)
7. R. Jenitraj (24)
8. Alagan Sathyasheelan (25), and
9. G. Justin Kumar (26)
All live at the Hunnasgiriya Estate, LMO division, Elkaduwa in Matale District
Alleged perpetrator: Police officers attached to the Matale Headquarters Police Station
Date of incident: 16 December 2013
Place of incident: Matale Headquarters Police Division
I am writing to express my serious concern over the case of a group of nine persons, all living at the Hunnasgiriya Estate, where some of them also work, gathered in support of Selambaran Wanaraja, who had been assaulted by the superintendent of the Hunnasgiriya Estate, Mangala Dayasiri. Dayasiri who appeared to be inebriated at the time of the assault which occurred on 16 December, 2013. Wanaraja had been gathering firewood for his late wife’s alms giving with permission obtained after following the usual procedure at Estate.
The news of Wanaraja’s assault quickly spread through the estate and around 300 people gathered at the estate’s factory premises where Wanaraja was forced to unload the firewood. The leader of the labourers (thaleiwars) asked the superintendant, the reason for assaulting Wanaraja. At that, the Superintendant Dayasiri raised his rifle and fired into the sky and threatened them not to come near him.
Subsequently four police jeeps arrived and the leaders were taken to the Matale Headquarters Police Station. On 17 December, 2013, the residents of the estate received a list which was said to be from the Matale Matale Headquarters Police Station, which contained the names of 14 persons ordering them to come to the Matale Headquarters Police Station immediately. The victims believe that this list was prepared by the police officers along with the superintendent of the estate to fulfill his whims and fancies that he was a powerful person on the estate. It was merely a piece of paper written by hand without a signature, stamp or any other indication that it was official. It was later taken back by the police.
On 19 December 2013, police officers came to the estate searching for Sellai Sathyamurthi; whose name was not even in the previous list and put him into the jeep. Another resident of the estate, Sandanam Jebamalai who came there to see what was going on was also put into the jeep by the police officers stating that his name was also there. At the time no reason for their arrest was mentioned. When they were taken to the Matale Headquarters Police Station, realizing their names were not there; the Headquarters Inspector of Police (HQI) tore up the list in front of them. However Sellai Sathyamurthi and Sandanam Jebamalai and all the other suspects who were there were put in a police cell for two days before they were produced in Matale Magistrate’s Court.
The names of the persons illegally arrested are: Sellai Sathyamurthi (42), Sandanam Jebamalai (59), Pichchei Mailawaganam (61), R. M. Sanjeewa Sujeewa Priyankara (34), Ugalendram Subramaniyam (24), V. Sivakumar (32), R. Jenitraj (24), Alagan Sathyasheelan (25), and G. Justin Kumar (26).
R. Jenitraj who works in Colombo received the message from a family member via phone that he was required to go to the Matale Headquarters Police Station. He received the call at his boarding place in Colombo on the 16th, the day that the incident took place at the estate. V. Sivakumar, another person who was asked to go to the police station was also not at the estate at the time the incident took place.
However on 20 December 2013, at 10.00 am Jenitraj and Sivakumar went to the police station along with Alagan Sathyasheelan, R. M. Sanjeewa Sujeewa Priyankara and G. Jestin Kumar whose names were there in the list sent to them by the police. They too were arrested by the police officers and put in a cell.
All those who were arrested were told that they were accused for damaging a government vehicle. The superintendent had alleged that they had broken the windscreen of his jeep on 16 December 2013 (the day the Superintendent assaulted Wanaraja) which all of them claim that they did not even see. Their statements were recorded on 20 December 2013 and were written in Sinhala although all these people’s first language was Tamil except for Sanjeewa. None of them were given a translation of what the police officers recorded in the statements. Due to the enormous fear they all signed the papers as directed by the police. Sellai and Sandanam were produced before court on 20 December 2013, at 12.30 p.m. They were arrested by the police officers and taken to court in a three-wheeler and subsequently they were remanded at the Dumbara Remand Prison for seven days. Jenitraj, Sivakumar, Sathyasheelan, Sanjeewa and Jestin Kumar were produced before court on 21 December 2013.
Pichchei and another person in the estate received a letter which was also written in the same manner on 20 December asking him to come to the police station after 4 p.m. on the same day. They were arrested as well.
On 21 December, all nine victims were produced before the Matale Magistrate and remanded at the Dumbara Remand Prison. They were released on bail on 24 December, 2013, and were asked to sign at the Matale Matale Headquarters Police Station each Sunday under the number case No: B/1570.
The next calling at Matale Magistrate’s Court is on 2 June 2014.
All the victims state that they all were illegally arrested, tortured and detained due to the influence of the superintendent of the estate. Further they state that the estate’s residents opposed the superintendent for illegally assaulting an innocent man. The victims further state that they are now suffering the long delayed court proceedings and they doubt that they will obtain justice as the police officers who appear for the prosecution are the superintendent. The victims and their family members seek justice and the protection of their rights as enshrined in the Constitution of Sri Lanka.
I therefore request your urgent intervention to ensure that the authorities listed below instigate an immediate investigation into the allegations of torturing and the violating victim’s rights by police and further preventing of getting justice. Further request for prosecute the responsible persons under the criminal law of the country for misusing powers of state officers. The officers involved must also be subjected to internal investigations for the breach of the department orders as issued by the department.
Yours sincerely,
———————————————–
PLEASE SEND YOUR LETTERS TO:
1. Mr. N K Illangakoon
Inspector General of Police
New Secretariat
Colombo 1
SRI LANKA
Fax: +94 11 2 440440 / 327877
E-mail: igp@police.lk
2. Mr. Sarath Palitha Fernando
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
Sri Lanka Human Rights Commission
No: 165 Kynsey Road,
Borella, Colombo 8.
SRI LANKA
Fax: +94 11 2694924
Email: sechrc@sltnet.lk
Thank you.
Urgent Appeals Programme
Asian Human Rights Commission (ua@ahrc.asia)
