SRI LANKA: Kandy and Kahathuduwa Police refuse to investigate abduction of a girl

Dear friends, 

The Asian Human Rights Commission (AHRC) has received information that the 17-year-old daughter of Mr. Mohamed Niyasdeen of No. 439 Peradeniya Road Kandy has gone missing. Mr. Niyasdeen is a businessmen. When his daughter went missing he made a complaint to the Kandy Headquarters Police Station and to the Women and Child Care Bureau of the same station. However, the police did not investigate the case. When he received further information that she was being held captive in Kahathuduwa area in Colombo he went to the Kahathuduwa Police Station and made a further complaint. But again this complaint also was not properly investigated. He further learned that the abductor was a supporter of a powerful politician and due to the influence of the politician his complaint was not being acted upon. Mr. Niyasdeen states that later the underage child has been married illegally and that the abductors provided false information to the marriage registrar. Mr. Niyasdeen is seeking justice for the abduction and detention of his child. This case is yet another illustration of the exceptional collapse of the rule of law in the country and the influence wielded by politicians and the elite. 

CASE NARRATIVE: 

According to the information that the Asian Human Rights Commission received Mr. Mohamed Niyasdeen of No. 439 Peradeniya Road Kandy is a businessman by profession and engaged with businesses in Kandy. He is married with one daughter aged 17 years. 

On the 24 December 2010, Aaeesha (not her real name) went for her tuition classes as usual but never returned home. Later in the evening she Mr. Niyasdeen and informed him that she was in a train and cannot understand anything and then the line got cut. Following the telephone massage Mr. Niyasdeen made a complaint at the Kandy Headquarters Police Station and it was registered with the number CIB (i) 381/509 the same day. Though Niyasdeen explained his grievances the police did not pay proper attention and take any necessary measures to search for his daughter. Then he made another complaint to the Child & Women Care Bureau in the same station on 28 December 2010. 

In March 2011 Mr. Niyasdeen received a message that his daughter was abducted by a person named Yasitha Yohan who is working at George Goonaratne Optometrists in Piliyandala and that she was being kept in his house at No: 9 Heraliyawa, Temple Road, Polgasowita, Kahathuduwa. 

Mr. Niyasdeen went to the Kahathuduwa Police Station on 29 March 2011 and made a complaint on the abduction of his child. It was recorded and the number was CIB 283/482. Then he went to the house at No: 9 Heraliyawa, Temple Road with two police officers. When they visited the place Yasitha, his mother, brother and brother’s wife were there. The police officers went inside the house and found the fact that Aaeesha also present but Mr. Niyasdeen was not allowed to talk to her or see her. After having a confidential talk with the residence of the home, the police officers informed Mr. Niyasdeen that if he wants to take his daughter back, he should come with the Kandy Police officers and that they cannot do anything. The officers at Kahathuduwa Police Station did not investigate the complaint that Nayasdeen made properly. 

Mr. Niyasdeen returned to the Kandy Headquarters Police Station and informed the situation to the officers and sought their assistance to take the necessary steps to inquire into the matter and retrieve the child. But the officers on duty said that they could only inform Kahathuduwa Police Station but they too cannot do anything. Mr. Niyasdeen believes that the police officers are under the influence of a powerful politician and that Yasitha has his support. 

Four months later in April Mr. Niyasdeen received a message that Yasitha has married Aaeesha in April 2011 by providing false details to the registrar. At the time of abduction Aaeesha had her laptop and an expensive mobile phone. Further, according to the parents, Aaeesha is a kidney patient who has being treated at Kandy Teaching Hospital. 

Mr. Niyasdeen is seeking justice as he believes that his daughter was abducted and detained by force and that the police have failed in their duty to investigate the matter. Furthermore, when the child was found they blatantly refused to take any action to retrieve her or ascertain as to whether she was, in fact, abducted or had gone of her own free will. Mr. Niyasdeen states his fundamental rights guaranteed under the constitution of the country have been violated by the police officers attached to both Kandy and Kahathuduwa Police Stations by not investigating any of his complaints. 

ADDITIONAL COMMENTS: 

The Asian Human Rights Commission (AHRC) has reported innumerable cases of the victims of crimes whose cases have been never accepted or not investigated. In many of these cases victims have face enormous harassment; on several some occasions the witnesses and the victims have been killed by the perpetrators. The AHRC has continuously urged the state of Sri Lanka on the necessity of adopting a witness protection law and implementing a successful witness protection mechanism to verify the smooth running of the rule of law system. The state of Sri Lanka is bound to implement the legal provisions of the International Covenant on Civil and Political Rights (ICCPR) as it has signed and ratified the convention. Nevertheless the lack of protection offered to those who are willing to take cases against criminals, abusive police officers and state authorities, means that the law is under-utilised continues to be employed as a tool by the police to harass people. This not only takes a long-term toll on the victims and their families, but on society as a whole, by undermining of civilian respect for the law and encouraging impunity. 

SUGGESTED ACTION: 
Please send a letter to the authorities listed below expressing your concern about this case and requesting an immediate investigation into the case abduction. The criminals as well as the police officers who are having lethargic approach to investigate the crimes must also try before the court of law for breaching the laws of the country and also should be subjected to internal investigations for the breach of the department orders as issued by the police department. 

Please note that the AHRC has also written a separate letter to the Special Rapporteur on violence against women on this regard. 

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