Dear friends,
The Asian Human Rights Commission (AHRC) has learned that a man in his late forties was beaten by a policeman with a pole after he witnessed a group of officers assaulting handcuffed men outside his house. His hand is broken and his livelihood has been affected, but his complaint against the policeman is not being taken up. He fears further intimidation.
CASE NARRATIVE:
According to the information we have received, Mallawa Arachchige Gamini Sisira Kumara, 47, is married with two children and is a craft worker. On 24 April 2010 while at home, Mr. Kumara heard shouting at around 10:30pm and found around five police officers beating two handcuffed persons on the road in front of his house. He reports that a few of the officers warned him to go back inside, using abusive language. As he turned to go, a uniformed Akmeemana officer called Sarathchandra (badge No. 59111) attacked him with a pole, striking his left hand. At Karapitiya Hospital later that evening shortly after midnight, he was examined and told that his hand was broken.
Later that day Gamini had his statement recorded by hospital police, and the following day he was examined by a judicial medical officer; x-rays were taken and his hand put in plaster. He was discharged on 29 April.
Having not been told of any inquiry or action, Gamini has made a complaint at the office of the Deputy Inspector General (DIG) in Galle but after more than two months he has yet to be told of any legal or disciplinary action taken against Officer Sarathchandra. This violates his legal rights.
We urge that his case be taken up immediately and an investigation be conducted so that the victim can obtain legal redress. Compensation should also be arranged; Gamini requires the use of both hands for his work and his livelihood has been affected.
The victim reports that he has been approached by the abusive officer on several occasions, who has asked him to withdraw the complaint. Because he has refused to do so he fears further intimidation. In Sri Lanka it is commonplace for persons making complaints against police to be harassed, both by the accused officer and his colleagues. This has effectively stemmed such complaints, to the severe detriment of the country, its civilians and its rule of law.
To protect Gamini and encourage civilians to complain about abusive police officers, it is important that this case is not settled out of court, but that it is investigated and tried as soon as possible, with the perpetrator punished accordingly. Protection should be offered to the victim, should he come to need it.
SUGGESTED ACTION:
Please write to the authorities listed below to support the complaint of this victim of police abuse, requesting that he be compensated and given legal redress.
To support this case, please click here: SEND APPEAL LETTER
SAMPLE LETTER
Dear __________,
SRI LANKA: An officer assaults a witness to police violence outside his home; no investigation is taken up
Name of victim: Mallawa Arachchige Gamini Sisira Kumara, 47, married with two children, craftsperson. Resides at No. 226 Craftwork place, Godadenagama, Thalgasyaya, Akmeemana
Name of alleged perpetrator: Officer Sarathchandra, badge No. 59111, of the of the Akmeemana police, Galle Division, Southern Range
Date of incident: 24 April 2010
Place of incident: Godadenagama, Thalgasyaya, Akmeemana
I am writing to voice my deep concern regarding the assault of a witness to police brutality by a police officer, and the lack of response to the victim’s complaint by the Galle DIG.
I understand that on 24 April 2010 while at home, Mr. Kumara heard shouting at around 10:30pm and found around five police officers beating two handcuffed persons on the road in front of his house. He reports that a few of the officers warned him to go back inside, using abusive language. As he turned to go, a uniformed Akmeemana officer called Sarathchandra (badge No. 59111) attacked him with a pole, striking his left hand. At Karapitiya Hospital later that evening, shortly after midnight, Mr. Kumara was examined and told that his hand was broken.
Later that day he had his statement recorded by hospital police, and the following day he was examined by a judicial medical officer; x-rays were taken and his hand put in plaster. He was discharged on 29 April.
Having not been told of any inquiry, Mr. Kumara has made a complaint at the office of the Deputy Inspector General (DIG) in Galle but he has yet to learn of any legal or disciplinary action taken against Officer Sarathchandra. This violates his legal rights. Mr. Kumara also requires the use of both hands for his work and his livelihood has been affected.
The victim reports that he has been approached by the abusive officer on several occasions, who has asked him to withdraw the complaint. Because he has refused to do so he fears further intimidation.
As you are no doubt aware, in Sri Lanka it is commonplace for persons making complaints against police to be harassed, both by the accused officer and his or her colleagues. This has effectively stemmed such complaints, to the severe detriment of the country, its civilians and its rule of law. To protect Mr. Kumara and encourage civilians to complain about abusive police officers, it is important that this case is not settled out of court but that it is investigated and tried as soon as possible, with the perpetrator punished accordingly. Police abuse must no longer be tolerated in Sri Lanka.
I urge you to act swiftly in support of the complaint of this victim of police abuse, to arrange for compensation and legal redress. Protection should be offered to the victim, should he come to need it.
Yours sincerely,
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PLEASE SEND YOUR LETTERS TO:
Mr. Mahinda Balasuriya
Inspector General of Police
New Secretariat
Colombo 1
SRI LANKA
Fax: +94 11 2 440440 / 327877
E-mail: igp@police.lk
Mr. Mohan Peiris
Attorney General
Attorney General’s Department
Colombo 12
SRI LANKA
Fax: +94 11 2 436421
E-mail: ag@attorneygeneral.gov.lk
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
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
Senior Superintendent of Police
Office of the Senior Superintendant of Police
Galle Division
SRI LANKA
Fax: +94 91 223 4499
Registrar
Galle Magistrate’s Court
Galle
Tel: +94 91223 4291
Tel/Fax: +94 91 223 4723
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Thank you.
Urgent Appeals Programme
Asian Human Rights Commission (ua@ahrc.asia)
