Dear friends,
The Asian Human Rights Commission (AHRC) has learned that Ambalanthotha police officers and a group of civilians broke into a house without a warrant, damaged furniture and took money during an illegal arrest; police then assaulted the house owner in custody and threatened to file fabricated charges against him. His brother, sister-in-law and their child were injured during the arrest. The family have reportedly been experiencing police harassment for a number of years and have been unable to get protection from the authorities. The events strongly suggest a breakdown of discipline and criminal procedure at Ambalanthotha police station.
Please note that police assault is a punishable offence under the CAT Act in Sri Lanka, yet is rarely tried as such.
CASE NARRATIVE:
According to the information received, on the evening of 19 February 2010, D.V. Ajith Kumara witnessed police officers and his neighbours smashing the furniture in his brother’s adjoining house. The officers P.C. Siripala, P.C. Tharidu and another constable were accompanied by six men from the family of Kumara’s neighbour. Anjith alleges that the door had been broken, that the men took Rs.8,000 and pushed him violently from the house and that they had been searching for his brother.
The group then reportedly forced its way into Ajith’s house and searched it. He was beaten by some of the civilian men and his wife and his young child were both hurt in the altercation. We are told that the police officers observed the violence and did not act.
Although the family stopped at Ambalanthotha police station on the way to the hospital at about 10pm to file a complaint, the officer at the entry desk allegedly refused to allow it. The officer finally wrote the incident into an entry book but did not allow the family to see it. Ajith’s wife Premaseeli and her child were then admitted to Ambalanthotha hospital.
We are told that Ajith’s brother, Gunasekara Vidana Pathirana Rujith Priyawardena, known as Rujith, was arrested by PC Siripala and two other constables the next morning, shortly after he returned to his house and found it broken into. The policemen told onlookers that he was a thief.
At Ambalanthotha police station we are told that he was struck a number of times by a group of police officers and a home guard and then detained in a cell at around 12 noon. That evening he was reportedly told by a Sub Inspector (SI) Sanjeewa and PC Siripala that he would be framed for carrying explosives. However instead Rujith was released on bail the next day and faces a charge related to an earlier dispute.
Although he has tried to file a few complaints for the illegal manner of his arrest, including the loss of the Rs. 8,000 and the damage done to his house (including a bicycle, door, radio and furniture) by police, they have been delayed by station staff and are as yet unfiled.
Rujith’s family believes that they are in danger of harassment and harm by the police and their neighbors. On a number of occasions they have reported drunken harassment from officers who have become inebriated in the house of their neighbours.
Rujith has written to the Inspector General of Police, the Deputy Inspect General of the Southern Province, Senior Superintendent of Police Hambantota, National Police Commission and the Human Rights Commission of Sri Lanka.
SUGGESTED ACTION:
The events in this case strongly suggest a breakdown of discipline and criminal procedure at Ambalanthotha police station. Last month the Sri Lankan defense secretary himself admitted that corrective measures are needed in the police force. Officials must launch an immediate investigation into the allegations of misconduct and criminal acts against the officers in question.
Please observe that although police assault is a punishable offence under the CAT Act in Sri Lanka it is rarely tried as such.
To support this case, please click here: SEND APPEAL LETTER
SAMPLE LETTER
Dear __________,
Re: SRI LANKA: Ambalanthota police officers must be investigated for damaging property, trespassing and allowing a woman and child to be injured during an illegal arrest
Name of victims:
Gunasekara Vidana Pathirana Rujith Priyawardena, D.V. Anjith Kumara, along with his wife Premaseeli and her child; all residing at D.V.Housing, Siyambalagasvila North Ruhunu Ridiyagama, Ambalanthota.
Name of alleged perpetrators:
Police Constable Siripala, Police Constable Tharidu and a third unknown officer;
All attached to Ambalanthota Police Station, Hambantota District I, Tangalle Division.
Date of incident: 20th February 2010
Place of incident: Ambalanthota
I am writing to voice my deep concern regarding the lack of protection given to a family who has been harassed by police officers. In the latest reported incident, officers and a group of civilians broke into one house without a warrant, damaged furniture and took money during an illegal arrest; police then assaulted the house owner in custody.
According to the information I have received, on the evening of 19 February 2010 D.V. Anjith Kumara witnessed police officers and his neighbours smashing the furniture in his brother’s adjoining house. The officers P.C. Siripala, P.C. Tharidu and another constable were accompanied by six men from the family of Kumara’s neighbour. Mr. Kumara alleges that the door had been broken, that the men took Rs.8,000 and pushed him violently from the house, and that they had been searching for his brother.
The group then reportedly forced its way into Mr. Kumara’s house and searched it. Mr. Kumara was beaten by some of the civilian men and his wife and his child were both hurt in the altercation. We are told that the police officers observed the violence and did not act. I am told that the officer at the entry desk in Ambalanthotha police station allegedly refused to allow a complaint to be filed when the three victim’s were on their way to the hospital. The officer finally wrote the incident into an entry book but did not allow the family to see it. Mr. Kumara’s wife Premaseeli and her child were then admitted to Ambalanthotha hospital.
Mr. Kumara’s brother, Gunasekara Vidana Pathirana Rujith Priyawardena was arrested by PC Siripala and two other constables the next morning, shortly after he returned to his house and found it broken into. I am told that the policemen told onlookers that he was a thief.
At Ambalanthotha police station he reports being struck a number of times by a group of police officers and a home guard and then detained in a cell at around 12 noon. That evening he was reportedly told by a Sub Inspector (SI) Sanjeewa and PC Siripala that he would be framed for carrying explosives, but was released on bail the next day and faces a theft charge. Yet although he has tried to file a few complaints for the illegal manner of his arrest, the loss of the Rs. 8,000 and the damage done to his house by police (which included damage to a bicycle, door, radio and furniture) these have reportedly been delayed by station staff and are as yet unfiled.
His family believes that they are in danger of harassment and harm by the their neighbors and police. They have reported drunken harassment from officers who have become inebriated in the house of their neighbours, on a number of occasions, but have not been able to get official help.
Mr. Priyawardena has written to the Inspector General of Police, the Deputy Inspect General of the Southern Province, Senior Superintendent of Police Hambantota, National Police Commission and the Human Rights Commission of Sri Lanka.
The events in this case strongly suggest a breakdown of discipline and criminal procedure at Ambalanthotha police station. Police officials must launch an immediate investigation into the allegations of misconduct and criminal acts of the officers in question. Please note that although police assault is a punishable offence under the CAT Act in Sri Lanka it is rarely tried as such and this impunity has allowed policing standards in the country to decline to a pitiful level. I agree with the comments of the Sri Lankan defense secretary last month, when he admitted that corrective measures are necessary among police; indeed they are clearly long overdue.
Yours sincerely,
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PLEASE SEND YOUR LETTERS TO:
Mr. Mahinda Balasuriya
Inspector General of Police (IGP),
New Secretariat,
Colombo 1,
SRI LANKA
Fax: +94 11 2 440440
Email: com@police.lk
Mr. Mohan Peiris
Attorney General
Attorney General’s Department,
Colombo 12,
SRI LANKA
Fax: +94 11 2 436421
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
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Thank You
Urgent Appeals Programme
Asian Human Rights Commission (ua@ahrc.asia)
