Dear friends,
The Asian Human Rights Commission (AHRC) has received information that Baduraliya police allegedly fabricated charges against a man and his family members on 8 March 2008 in Sri Lanka. Police took one family member to police custody and forced him to sign a statement, which he never made. Later all four family members were charged with obstruction of police duties.
CASE DETAILS: (based on the testimony given by Uduwana Athukoralage Don Lal Lasantha)
Mr. Uduwana Athukoralage Don Lal Lasantha ran a shop in the front room of his house.
At about 8pm on 8 February 2008, two men walked straight into Lal Lasantha’s house through the shop and began to search his home throwing things around. Lal Lasantha was minding the shop at the time. When he saw what was taking place he ran out of the shop and suspecting them to be robbers began to shout for help. Lal Lasantha’s parents who live in a house opposite to his house also came running out. Lal Lasantha’s two sisters and a brother who were also living in that house came out. As soon as he got out of his shop, he saw Mr. Karu and Mr. Susantha from the nearby R & R Construction Company standing near his shop.
Hearing the commotion and seeing the people gathering outside the shop, the two men, who had gone inside Lal Lasantha’s house in search of something came out and said that they were from the police and left with the two from the company. Lal Lasantha heard one of the men taking a call from a mobile phone he carried to the police station. Lal Lasantha identified the two as Sub Inspector (SI) Dammika and SI Buddika of the Baduraliya police station.
At 7pm on the following day, February 9, when Lal Lasantha was minding the shop, a police jeep drove up and stopped by his shop. There were several police officers inside including the Officer-in-Charge (OIC) of the Baduraliya police station and SI Dammika and SI Buddika. The OIC and the two Sub Inspectors got out of the jeep and came into the shop. They demanded from Lal Lasantha where the two batteries were. Lal Lasantha said he did not know anything about it. As he denied knowledge of the batteries the police handcuffed Lal Lasantah and pushed him into the police jeep.
The jeep drove to the premises of the R and R Construction Company. The OIC and the two Sub Inspectors got down and went inside. Lal Lasantha saw them speaking with Karu from the company. SI Dhammika came to the jeep and began to threaten Lal Lasantah. ‘Don’t think we will let you go so simply’, he said. ‘We will put bombs or drugs and fabricate a case against you and send you to prison. We are licensed thugs!’ Then they took Lal Lasantha to the Baduraliya Police Station and put him into the police cell. Lal Lasantha was only dressed in a sarong but they did not allow him to get a shirt or close his shop. They did not give Lal Lasantha anything to eat that night.
At 8:30am on February 10, Lal Lasantha was taken out of the cell and told to sign a statement he never made. He was neither allowed to see what was written nor was anything explained. He was simply forced to sign. He was then taken to the Baduraliya hospital and shown to the District Medical Officer (DMO). After that Lal Lasantha was put back into the cell. He was not given anything to eat during the morning or for lunch.
At around 2:30pm Lal Lasantha was produced before the Mathugama Magistrate’s court and remanded for 5 days. At the end of this period he was again produced in court and bailed. Later Lal Lasantha got to know that he was charged with the obstruction of police duties. He also got to know that his sisters Anoma Chitrani, Deepa Damayanthi and his brother Sarath Wickramasinghe had also been made parties to the charge. The reference of the fabricated case is BR195/8.
Lal Lasantha has informed by written complaint to the Chairperson of Human Rights Commission and National Police Commission, Attorney General, Inspector General of Police, Deputy Inspector General (Legal branch) and Senior Superintendent of Police Kalutara of this situation. However, no action has been taken.
SUGGESTED ACTION:
Please write letters to the relevant authorities to investigate this illegal arrest and fabrication of a case against the victim and his family members.
To support this case, please click here: SEND APPEAL LETTER
SAMPLE LETTER
Dear __________,
SRI LANKA: Police allegedly fabricated charges against family members
Details of victims:
1. Mr. Uduwana Athukoralage Don Lal Lasantha, 43 years old, married with three children, driver and owner of small business; residing at Hindakaramulla, Molkawa
2. Ms. Anoma Chitrani, sister of Lal Lasantha
3. Ms. Deepa Damayanthi, sister of Lal Lasantha
4. Mr. Sarath Wickramasinghe, brother of Lal Lasantha
All are charged with: obstruction of police duties (The case number is BR 195/8)
Name of alleged perpetrators:
1. Sub Inspector (SI) Dammika of the Baduraliya Police Station
2. Sub Inspector (SI) Buddika of the Baduraliya Police Station
3. Officer-in-Charge (OIC) of the Baduraliya Police Station
Date of incident: 8 March 2008
Place of incident: Baduraliya Police Station, Mathugama Dist., Kalutara Division, Western Province (South) Range
I am writing to voice my deep concern regarding an alleged illegal arrest of a man by the Baduraliya police.
I am informed that two men who later identified themselves as being police men had walked straight into the victim’s house without permission from any one and started to throw about his house hold goods in an act of searching.
I am informed that on the next day the same two officers and the OIC of the Baduraliya police station came to the victims shop and demanded that he return two batteries lost by R & R Construction Company.
I am informed that the victim said he knew nothing about the lost goods, and then he was taken to the premises of the R & R Construction Company where he was intimidated by one of the officers who called themselves licensed thugs. The same officer threatened him not to think that they will let him get away with this so simply and that they will put bombs or drugs and fabricate a case against him and send him to prison. Later he was taken to the Baduraliya Police Staion.
I am informed that the victim was not given any food while he was kept in custody and that he was forced to sign a police statement that he did not make.
I am informed that the victim later got to know that he was charged with the obstruction of police duties and that his family members were also made party to the charge.
This case shows how the police conduct investigation not by law but at their own their discretion. The police arrested him without any credible evidence of having been involved in any crime. Even worse, they charged him and his family members of obstructing the police from carrying out their duties after failure to collect evidence.
In light of the above, I strongly urge you to inquire into this incident. Police who have misused their power must be brought to book. Threat by the police, which is common, must also be investigated into so that disciplinary or legal action is taken against those responsible. I finally urge that the case pending before the court be reviewed so that the victim and victim’s family receive justice from the court.
I firmly believe that you will take appropriate and speedy action in this regard.
Yours sincerely,
—————-
PLEASE SEND YOUR LETTERS TO:
1. Mr. C.R. De Silva
Attorney General
Attorney General’s Department
Colombo 12
SRI LANKA
Fax: +94 11 2 436421
E-mail: attorney@sri.lanka.net
2. Mr. Victor Perera
Inspector General of Police
New Secretariat
Colombo 1
SRI LANKA
Fax: +94 11 2 440440/327877
E-mail: igp@police.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
4. Secretary
Human Rights Commission of Sri Lanka
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@ahrchk.org)
