SRI LANKA: Innocent man illegally detained for two and half month on mistaken identity by Anamaduwa police

Dear friends,

The Asian Human Rights Commission (AHRC) has received information that Mr. Rajakaruna Herath Mudiyanselage Keerthirathna (48) of Surakkulama, Mundalama in the Puttlam district suffered a chronic illness as a result of a serious traffic accident several years ago. He was illegally arrested and detained by police officers attached to the Anamaduwa Police Station on 18 January 2011. Keerathirathna was produced before the Magistrate’s Court of Puttalam and remanded until 7 July 2011. Later the relatives learned that police officers had arrested Keerthirathna on mistaken identity with an outdated warrant issued by the same court. Further they learned that the particular suspect of the warrant had already appeared before the court and had been enlarged on bail. Keerthirathna and his relatives complained to the relevant authorities seeking justice but have not received any response. Keerthirathna still has to face the hearing on 7 July 2011. This case is yet another illustration of the exceptional collapse of the rule of law in the country. 

CASE NARRATIVE: 

According to the information received by the Asian Human Rights Commission Mr. Rajakaruna Herath Mudiyanselage Keerthirathna (48) of Surakkulama, Mundalama in the Puttalam district is a farmer by profession. Keerathirathna faced a serious traffic accident several years earlier in which he suffered head injuries. He was subsequently treated for several months. Following his recovery from the superficial injuries he started having periods where, without warning he would lose consciousness. Due to this he was considered by his fellow villagers as a person with a disability. 

On 18 January 2011 at around 2 pm a police officer by the name of Premarathna of the Anamaduwa Police (who was in civilian clothes at the time) came to his home and informed him that the Officer-in-Charge (OIC) of the police station wanted Keerathirathna to appear before him. He then tried to take him to the police station by the motor bicycle on which he came. However, the villagers surrounded him and protested informing the officer that Keerathirathna is chronic patient and had never committed any crime. Upon hearing this Officer Premarathna informed Keerthirathna to go to the police station the next morning. 

Keerthirathna reported to the same officer at the police station with one of his uncles at around 8 am the next day and without explanation he was immediately detained in a cell. Neither Keerthirathna nor his uncle was given reason for his arrest or detention. Later in the evening Keerthirathna was produced before the Magistrate at his official residence and remanded until 7 July 2011. He was first brought to the Puttalam Prison and then to the Negombo Prison. In the prison Keerthirathna’s situation became serous and prison officers first admitted him to the Base Hospital, Negombo and he was then transferred to the National Hospital of Colombo for further treatment. Keerthirathna was treated there for a period more than one month. 

Meanwhile his brother Rajakaruna Herath Mudiyanselage Senarathna who lives with him tried to find the reason for Keerathirathna’s arrest. He inquired of the register of the Puttalam Magistrate Court where he learned that Keerathirathna has been arrested by the police officers attached to the Anamaduwa Police while they are searching a person named in the warrant issued in case number MC/53886/A/10 by the Magistrate Court of Puttalam. He further learned that in that case the 6th suspect was Rajakaruna Herath Mudiyanselage Keerthi Jayarathna and he had already appeared before the Magistrate and been released on bail. Senarathna then met an Attorney-at-Law and sought his representation in court to have Keerthirathna released. However, the explained that he was erroneously arrested and detained and therefore there was no need to appear for him. 

Then Senarathna complained to the Assistance Superintendent of Police (ASP) Puttalam, the Superintendent of Police Puttalam, the National Police Commission and the Human Rights Commission on the violation of the fundamental rights of Keerathirathna but none of these authorities have started an investigation yet. 

Keerthirathna and his relatives are still waiting for justice to be done in his case. He is seeking independent investigation and prosecution against the perpetrators of the violation of his rights. 

ADDITIONAL COMMENTS: 

The Asian Human Rights Commission has reported innumerable cases of the torturing of innocent persons by the Sri Lankan police which is illegal under international and local law that have taken place at different Police stations in the country over the past few years. 

The State of Sri Lanka signed and ratified the CAT on 3 January 1994. Following state obligations Sri Lanka adopted Act number 22 of 1994 the law adopted by the Sri Lankan parliament making torture a crime that can be punishable for minimum seven years and not less than ten years on being proven guilty. The Attorney General of Sri Lanka is suppose to file indictments in the case where credible evidence were found on torturing people by state officers. 

SUGGESTED ACTION: 
Please send a letter to the authorities listed below expressing your concern about this case and requesting an immediate investigation into the allegations of illegal arrest, illegal detention, torturing by the police perpetrators, and the prosecution of those proven to be responsible under the criminal law of the country for misusing powers of a state. The officers involved must also be subjected to internal investigations for the breach of the department orders as issued by the police department. Further, please also request the NPC and the IGP to have a special investigation into the malpractices of the police officers for abusing the state officers’ powers. 

Please note that the AHRC has also written a separate letter to the UN Working Group on Arbitrary Detention on this regard. 

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