Dear Friends,
The Asian Human Rights Commission (AHRC) has received information that Mr. Udayan Livingston Bastian of Ambatenna in Kandy District died under mysterious circumstances on 3 July 2015. Despite repeated requests by close relatives of the deceased, the police have refused to hold an investigation into his sudden death. His relatives demand justice. The refusal illustrates the failure of the law enforcement agencies of the country to follow due process.
CASE NARRATIVE:
According to the information received by the Asian Human Rights Commission (AHRC) Mr. Udayan Livingston Bastian (33) of No. 69, Panorama Park, Mullegama Road, Ambatenna in Kandy District, was a man of good health and build. He was a medical sales representative, a married man, and father to a three-year-old son. He was found dead on 3 July 2015 under mysterious circumstances. Due to the refusal by the police to launch an independent and comprehensive investigation into his death, the cause of death remains unknown.
On the 3 July 2015, Udayan left his home at around 7:15 a.m. to visit the doctors and pharmacies in and around Kandy, for his sales work. According to information received, later in the day, his wife Dharshani, called him several times and spoke with him in the usual manner. She has recalled her last call at 5:07 p.m. that evening; at the time, he informed her that he was near Akurana in Kandy. Following this call, his wife as unable to contact him.
When Dharshini again tried calling him around 7:25 pm, a woman answered the phone and said that Udayan, who had come to their “Suwesevana Ayurvedic Treatment Center”, had fallen to the ground and fainted, and had requested her to call his wife to come and take him home. Dharshini then rushed to the scene with her brother Darren John. They went to the Suwesevana Ayurvedic Treatment Center at Wattarantenna Junction. When they arrived at the Treatment Center, they found Udayan lying at the entrance of the Suwesevana Ayurvedic Treatment Center, and around 5 to 6 persons, who looked like bouncers or bodyguards, were standing guard in front of the premises.
Darren, Dharshini’s brother, lifted Udayan and brought him to the three-wheeler in which they had arrived. They took Udayan to Katugastota Government Hospital.
When lifting Udayan from the floor, Darren felt that Udayan was not breathing and the body was already cold. The doctor at the Katugastota Government Hospital, who examined Udayan, pronounced him dead, and informed them that he had been dead for approximately an hour.
Darren then went to the Katugastota Police Station and made a complaint regarding the death of Udayan. The officers at the Station recorded the complaint at around 9:20 p.m. and provided the reference of the complaint as No. CIB (4) 303/37. However, the police officers said that they could not visit the Hospital or the Suwesevana Ayurvedic Treatment Center that night. They told them that they would do the investigations the following day.
On 4 July, at around 4:15 p.m., several police officers from the Katugastota Police Station visited the Katugastota Hospital Mortuary along with the Acting Magistrate of Kandy, and recorded statements from Dharshini and a few others. Udayan’s wife Dharshini clearly stated that she has doubts and suspicions about the death of her husband, who had no illness whatsoever.
On the morning of July 5, at around 11:15 a.m., the Judicial Medical Officer (JMO) conducted the postmortem at Kandy Teaching Hospital. The JMO said that he had to send certain organs of the body to the government analyst for further investigation. So, he explained that at that moment he could not give the cause of death of the deceased.
On the July 28, the Acting Magistrate of Kandy once again recorded statements at the Courthouse. Again, Dharshani stated before the Magistrate that the death of her husband is suspicious. She requested the Magistrate to investigate the cause of death and prosecute those responsible for her husband’s death. However, on the 3 November 2015, the Magistrate pronounced the cause of death: multiple organ failure. The Magistrate ordered the issue of a death certificate to the relatives of the deceased without any further investigations.
The relatives of the deceased are not at all satisfied with the decision of the Judiciary. They state that the Katugastota Police did nothing to conduct a proper investigation into Udayan’s death. They insist that a proper investigation be conducted into his sudden death, and those suspected be brought to trial.
Relatives allege that the investigation did not take into effect, among other things, the certain important issues relating to this incident. These include, what the reasons were for multiple organ failure. Udayan was a perfectly healthy person. Even on that particular morning he was in good health. Next, why did the staff of Suwesevana Ayurvedic Treatment Center spend more than 2 hours without treating Udayan or admitting him to a hospital after he fainted at their premises? Also, why did the police officers not visit the place of death on the same day and why did they not examine the CCTV cameras fixed in the Center. Relatedly, why did the police not take steps to record the evidence of Suwesevana Ayurvedic Treatment Center staff and provide the opportunity and assist the Acting Magistrate of Kandy to come for a reasonable decision on the death of Udayan? Dharshani later learned that there was a medical doctor at the Suwesevana Ayurvedic Treatment Center on duty at the time Udayan died. Then was it not the duty of the police to investigate the medical officer for actions that he took to treat Udayan after he fell ill.
Udayan’s family members state that their fundamental rights have been grossly violated by the police officers attached to the Katugastota Police Station by the refusal to conduct an independent investigation into the death of Udayan. They demand swift justice.
SUGGESTED ACTION:
Please write to the authorities listed below expressing your concern about this case. Request an immediate investigation into the sudden death of a civilian man and the denial of justice by the police officers. Further, demand prosecution of those suspected to be responsible following investigation, under the criminal law of the country. The officers involved must also be subjected to internal investigations for the breach of department orders as issued by the police department.
To support this case, please click here: SEND APPEAL LETTER
SAMPLE LETTER
Dear ________,
SRI LANKA: Kandy Police refuses to investigate the sudden death of a man
Name of Victim: Mr. Udayan Livingston Bastian (33), resident of No. 69, Panorama Park, Mullegama Road, Ambatenna, Kandy District
Alleged perpetrators: Officers attached to the Katugastota Police Station
Date of incident: 3 July 2015
Place of incident: Katugastota Police Division
According to the information I have received Mr. Udayan Livingston Bastian (33) of No. 69, Panorama Park, Mullegama Road, Ambatenna in Kandy District, was a man of good health and build. He was a medical sales representative, a married man, and father to a three-year-old son. He was found dead on 3 July 2015 under mysterious circumstances. Due to the refusal by the police to launch an independent and comprehensive investigation into his death, the cause of death remains unknown.
On the 3 July 2015, Udayan left his home at around 7:15 a.m. to visit the doctors and pharmacies in and around Kandy, for his sales work. According to information received, later in the day, his wife Dharshani, called him several times and spoke with him in the usual manner. She has recalled her last call at 5:07 p.m. that evening; at the time, he informed her that he was near Akurana in Kandy. Following this call, his wife as unable to contact him.
When Dharshini again tried calling him around 7:25 pm, a woman answered the phone and said that Udayan, who had come to their “Suwesevana Ayurvedic Treatment Center”, had fallen to the ground and fainted, and had requested her to call his wife to come and take him home. Dharshini then rushed to the scene with her brother Darren John. They went to the Suwesevana Ayurvedic Treatment Center at Wattarantenna Junction. When they arrived at the Treatment Center, they found Udayan lying at the entrance of the Suwesevana Ayurvedic Treatment Center, and around 5 to 6 persons, who looked like bouncers or bodyguards, were standing guard in front of the premises.
Darren, Dharshini’s brother, lifted Udayan and brought him to the three-wheeler in which they had arrived. They took Udayan to Katugastota Government Hospital.
When lifting Udayan from the floor, Darren felt that Udayan was not breathing and the body was already cold. The doctor at the Katugastota Government Hospital, who examined Udayan, pronounced him dead, and informed them that he had been dead for approximately an hour.
Darren then went to the Katugastota Police Station and made a complaint regarding the death of Udayan. The officers at the Station recorded the complaint at around 9:20 p.m. and provided the reference of the complaint as No. CIB (4) 303/37. However, the police officers said that they could not visit the Hospital or the Suwesevana Ayurvedic Treatment Center that night. They told them that they would do the investigations the following day.
On 4 July, at around 4:15 p.m., several police officers from the Katugastota Police Station visited the Katugastota Hospital Mortuary along with the Acting Magistrate of Kandy, and recorded statements from Dharshini and a few others. Udayan’s wife Dharshini clearly stated that she has doubts and suspicions about the death of her husband, who had no illness whatsoever.
On the morning of July 5, at around 11:15 a.m., the Judicial Medical Officer (JMO) conducted the postmortem at Kandy Teaching Hospital. The JMO said that he had to send certain organs of the body to the government analyst for further investigation. So, he explained that at that moment he could not give the cause of death of the deceased.
On the July 28, the Acting Magistrate of Kandy once again recorded statements at the Courthouse. Again, Dharshani stated before the Magistrate that the death of her husband is suspicious. She requested the Magistrate to investigate the cause of death and prosecute those responsible for her husband’s death. However, on the 3 November 2015, the Magistrate pronounced the cause of death: multiple organ failure. The Magistrate ordered the issue of a death certificate to the relatives of the deceased without any further investigations.
The relatives of the deceased are not at all satisfied with the decision of the Judiciary. They state that the Katugastota Police did nothing to conduct a proper investigation into Udayan’s death. They insist that a proper investigation be conducted into his sudden death, and those suspected be brought to trial.
Relatives allege that the investigation did not take into effect, among other things, the certain important issues relating to this incident. These include, what the reasons were for multiple organ failure. Udayan was a perfectly healthy person. Even on that particular morning he was in good health. Next, why did the staff of Suwesevana Ayurvedic Treatment Center spend more than 2 hours without treating Udayan or admitting him to a hospital after he fainted at their premises? Also, why did the police officers not visit the place of death on the same day and why did they not examine the CCTV cameras fixed in the Center. Relatedly, why did the police not take steps to record the evidence of Suwesevana Ayurvedic Treatment Center staff and provide the opportunity and assist the Acting Magistrate of Kandy to come for a reasonable decision on the death of Udayan? Dharshani later learned that there was a medical doctor at the Suwesevana Ayurvedic Treatment Center on duty at the time Udayan died. Then was it not the duty of the police to investigate the medical officer for actions that he took to treat Udayan after he fell ill.
Udayan’s family members state that their fundamental rights have been grossly violated by the police officers attached to the Katugastota Police Station by the refusal to conduct an independent investigation into the death of Udayan. They demand swift justice.
I request the intervention of your good offices to ensure that the authorities listed below instigate an immediate investigation into the sudden death of an ordinary man and the refusal to conduct an investigation by police officers. The officers involved must also be subjected to internal investigations for the breach of the department orders as issued by the police department.
Yours Sincerely,
———————
PLEASE SEND YOUR LETTERS TO:
1. Mr. Pujith Jayasundara
Inspector General of Police
New Secretariat
Colombo 1
SRI LANKA
Fax: +94 11 2 440440 / 327877
E-mail: igp@police.lk
2. Mr. Jayantha Jayasooriya PC
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
Human Rights Commission
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@ahrc.asia)
