SRI LANKA: Police illegally detain a man over a civil case

Dear friends,

The Asian Human Rights Commission (AHRC) has received information regarding the case of illegal arrest of a man by Payagala police on 18 January 2008 in Sri Lanka. The Officer-in-Charge (OIC) allegedly forced him to sign a statement by detaining him. When he tried to seek help from senior police, the OIC harassed him and filed a case against him.

CASE DETAILS: (based on the testimony of Hiriyage Gratian Lasantha Prasantha Perera, his wife M. Sujeewa Fernando and his mother W.B. Margret Fernando)

Hiriyage Gratian Lasantha Prasantha Perera’s job was polishing wood furniture. On 18 January 2008, Gratian was called to the Payagala Police Station where he was told that a complaint had been made against him – CIB (11) 213/56, by a client whom Gratian had worked on a polishing job at the client’s house from December 1 to 23, 2007. About one week after Gratian had completed the work at the house, the client made a complaint against Gratian to the Payagala police saying that he had not completed the work satisfactorily and he should re-do the work at his own cost.

Gratian was kept in the police cell for about 20 minutes and released only after the Officer-in -Charge (OIC) came to the police station. The OIC threatened him that he will be beaten if he does not sign a statement saying that he will re-do the work at his own cost at the client’s house. Gratian signed the statement and went home.

On January 31, Gratian was again called to the Payagala police station. But he was unable to go, and so he sent his wife to the police station. When his wife went she met the Officer-in-Charge who scolded her loudly and insisted that Gratian re-do the work. The OIC threatened her that if Gratian does not re-do the work he will fabricate a case against him and send him to prison for years.

On February 2 at about 10:30am, the client’s brother with five other persons went to Gratian’s house but he was not there at that time. They confronted his wife who was 8 months pregnant and threatened her by saying that her husband will not be allowed to walk on the street and that they will kill him if he does not re-do the work. His wife says that one of them, a woman tried to hit her.

Between 10 to 11pm, the client’s brother again went to Gratian’s house with three officers of the Payagala Police Station. The officers told his wife to ask Gratian to come and meet the OIC. Gratian’s wife then asked them if they could give her a note to that effect. The officers then told her that they did not issue notes and to see that her husband comes and meets the OIC.

Gratian reported this matter to the Senior Superintendent of Police (SSP) Kalutara in the presence of the OIC Payagala on February 6. The SSP instructed an officer to take down a statement from Gratian. Then the OIC, who was on the premises then met Gratian and told him that he would file a case against him. When Gratian was leaving the premises, the OIC had threatened him with saying, “be careful!” On the same day evening an officer from the Payagala police went to Gratian’s house and had given him a note instructing him to come to the Payagala Police Station the next day. The note given bore the number CIB 11 213/56.

At 9am on February 7, Gratian and his wife went to the Payagala Police Station as the note indicated. The client was also there. He told whole incident but the officer who conducted the inquiry stated that it is pointless fighting with the police, and that they have put the matter to the courts. The officer gave him a form (Receipt of Arrest) and put Gratian into a cell telling him that he would stay there until he was taken to court. The receipt recorded that the reason for arrest was “Criminal breach of trust”.

Gratian was put into the cell at 11:15am till 12:15 noon. Then, he was taken out of the cell and a statement was taken from him before he was produced before the Magistrate’s Court of Kalutara. He was released on bail. (Case number BR 6942) His case will be called on May 8.

Gratian’s wife went to the Payagala Police Station with a written request asking for the ‘complaint’ document on which the case was based on February 8. A female police officer told her that a letter from an attorney-at-law is required for the purpose. The letter was then produced on February 18 to the same female officer. The officer taking the letter, asked Gratian’s wife to come on February 25 to collect the document. Accordingly his wife went to meet her on February 25 but was told that there is still more time for the case and did not give the said document.

Gratian has informed the Chairpersons of Human Rights Commission and National Police Commission, Inspector General of Police and the Senior Superintendent of Police, Kalutara of this situation on February 1 and 7. His wife and his mother also informed the same persons of the situation between February 5 and 26. However to date no action has been taken.

SUGGESTED ACTION:
Please write letters to the relevant authorities to investigate into this illegal arrest and harassment by the OIC.

Please be informed that the AHRC has written a separate letter to the UN Special Rapporteur on the Question of Torture calling for an intervention in this matter.

To support this case, please click here: SEND APPEAL LETTER