Dear friends,
The Asian Human Rights Commission (AHRC) is deeply concerned about the conduct of Trincomalee police officers following a police shooting. The victim was allegedly shot at his home during a botched arrest attempt and died in hospital shortly after. According to witnesses police did not follow police any form of procedure, delayed the treatment of the victim and kept his wife in the police station directly after the shooting, where she was harassed into signing a statement she was not comfortable with. Her husband died before she could see him. Careful monitoring of the investigation is now necessary to guard against police impunity. Please also join us in calling for comprehensive police force reform.
CASE NARRATIVE:
According to information received from the victim’s family, at 2am on 13 March 2010 Balage Rusiru Reggie Vijaya Bandula (pictured left) fired a warning shot out of the window of his house in response to sustained and unidentified banging on his door and around his house. He was concerned that the house was under attack due to a recent dispute with a fellow fisherman, and had already called the police emergency number. His wife and children (pictured below) were in the house and his wife, Nimalee reports that the people banging on the door did not identify themselves for close to 15 minutes. The gun had been legally issued to Reggie’s family by the army for protection, since they had lived in a conflict area.
Reggie received a phone call from his brother after firing the shot, who told him that it was the police outside and that he should open the door. Reggie reportedly refused, saying that he was too afraid and asking his brother to summon a priest from the nearby temple first. The police outside still had not officially identified themselves.
We are told that when officers led by OIC Dharmasena Ratnayake broke down the door, the gun was lying on a saw machine and Reggie claimed that a mistake had been made. He tried to explain and vocally surrendered, and his wife also tried to step in between the officers and her husband, and was verbally abused. A shot was fired almost immediately from the direction of the police offers and Reggie was hit in the chest. No explanation had been given for the police presence at their house.
Nimalee reports that the officers took the gun, but while Reggie bled profusely they continued to ask for a gun and would not let her or her elder son help him. She gave them the army-issued bullets while police searched the house. An ambulance arrived after ten minutes and it carried the victim to the nearest hospital.
However the officers took Nimalee directly to Trincomalee police station. Although she refused to answer various questions and to sign a written statement that she could not understand, she finally signed it after being told that she had no alternative. She reports that she was threatened and intimidated by the officers.
Nimalee discovered that her husband had died shortly after arriving at the hospital. Police had prevented his brothers and other family members from seeing him beforehand. Later they observed large bruises on his head and neck that are as yet unexplained.
Investigations have already begun by the Colombo Criminal Investigation Unit, and by the Assistant Superintendent of Police (ASP) in Trincomalee, with relevant statements recorded from Reggie’s wife, who gave the bullet used to shoot him to the Special Criminal Investigation Unit. The AHRC is also pleased to report that a number of officers have been interdicted, including the OIC of Trincomalee Police Station, W.R.A.Dharmasena Ratnayake, Constables H.B.V.Samarathunga and H.A.Asanka Karunaratne, and police driver Abdul Cader.
While the criminal investigation must identify those responsible and take them before the law to face punishment, the case also raises significant questions about the quality of policing in Trincomalee. An investigation must be launched into the operation of the police station under the ASP by the Deputy Inspector General of Police of the Eastern Province, followed by disciplinary measures and the implementation of extensive reforms. These must include the training programmes that officers in this station evidently need.
Please call for the thorough monitoring of this case to prevent police impunity. A complaint has been sent to National Human Rights Council and had been registered.
SUGGESTED ACTION:
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SAMPLE LETTER
Dear __________,
SRI LANKA: A man is shot dead by Trincomalee police during a botched arrest
Name of victim:
Balage Rusiru Reggie Vijaya Bandula, of No.88 Gamini Dissanayake Mawatha, MahaMayapura, Trincomalee
Name of alleged perpetrators:
1. W.R.A.Dharmasena Ratnayake, Officer in Charge
2. H.B.V.Samarathunga, Police Constable
3. H.A.Asanka Karunaratne, Police Constable
4. Abdul Cader, Police Driver
All attached to Trincomalee Police Station, Trincomalee Division, Eastern Range (North)
Date of incident: 13 March 2010
Place of incident: At the victim’s home, Trincomalee
I am writing to voice my deep concern regarding the shooting of a man in his home by Trincomalee police officers during what appears to have been a botched arrest attempt.
According to information I have received from the victim’s family, at around 2am on 13 March 2010 Balage Rusiru Reggie Vijaya Bandula fired a warning shot out of the window of his house in response to sustained and unidentified banging on his door and around his house. He was concerned that his house was under attack due to a recent dispute with a fellow fisherman and had already called the police emergency number. His wife and children were in the house and his wife, Nimalee reports that the people banging on the door did not identify themselves for close to 15 minutes. The gun had been legally issued to the family by the army for protection since they lived in an area of conflict.
I am told that Mr. Bandula was informed of the police identity of the persons outside in a call from his brother, but was too afraid to open the door. He asked for a priest to be summoned from the nearby temple first. However officers led by OIC Dharmasena Ratnayake broke down the door, a shot was fired almost immediately from the direction of the police offers and Mr. Bandula was hit in the chest. It is important to note that he had allegedly not been holding the gun he had gestured to it laying on a nearby saw machine and that he and his wife had tried to explain the situation, and had vocally surrendered. No explanation was given by police for their initial attack on the house.
Ms. Nimalee reports that the officers took the gun and searched the house, and would not let her or her elder son help her husband, who was bleeding profusely. He was carried to hospital by ambulance after about ten minutes.
However the officers took Ms. Nimalee directly to Trincomalee police station where, although she refused to answer questions and to sign a written statement that she could not understand, she finally signed it after being told that she had no alternative. She reports that she was threatened and intimidated by the officers.
Nimalee discovered that her husband had died shortly after arriving at the hospital, and that police had prevented his brothers and other family members from seeing him beforehand. Later they observed large bruises on his head and neck that are as yet unexplained.
This case is a gross failure by police to observe legal and criminal procedure, with brutal consequences. I understand that investigations have already begun by the Colombo Criminal Investigation Unit and by the Assistant Superintendent of Police (ASP) in Trincomalee, with relevant statements recorded. I am also pleased to find that a number of officers have been interdicted. The criminal investigation must be closely monitored to avoid the kind of impunity that too often is afforded police in the country.
Yet the case also raises significant questions about the quality of policing in Trincomalee. An investigation must be launched into the operation of the police station under the ASP by the Deputy Inspector General of Police of the Eastern Province, followed by disciplinary measures and the implementation of extensive reforms. These must include the training programmes that officers in this station evidently need.
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)
