Dear Friends,
The Asian Human Rights Commission has received information regarding Mr. K.M.H Sudath, a resident of Kandy District. On 22 July 2017, he was illegally arrested and detained at the Headquarters of the Police Station in Kandy. Sudath is a victim of human rights violations. When the Sri Lanka Human Rights Commission (HRC) inquired into this case, it made a recommendation. It ruled in favor of the victim, directing the Director of Education of Kandy District to provide better schools for the victim’s two sons. Later, the consenting Officer re-called the victims to his office for another meeting. He started to re-investigate the case. The Officer threatened the victims and made fabricated police complaints against them. Sudath was illegally arrested and detained to fulfill the whims and fancies of the powerful educational officer.
Case Narrative:
Mr. K.M.H Sudath, of No: 19/1 Watagoda Temple Road, Aruppola, Kandy District, Kandy is married and the father of two sons. In the early months of 2017, Sudath filed a complaint with the Sri Lanka Human Rights Commission (HRC) regarding the violation of his fundamental rights by the Education Authorities of Kandy District. In his application, he amply convinces the Commission, how a teacher of their present school, mentally and physically harassed both his sons. The HRC immediately called for expert evidence from the Consultant Medical Officer of Psychiatrist Unit of the Kandy Teaching Hospital, who in turn confirmed the level of the sufferings faced by both children.
Later, his case was taken up for investigation by the regional office of the HRC in Kandy. It made a recommendation in his favor stating that his fundamental rights had been violated by the officers of the Authority.
According to the recommendation made on 10 July 2017, Sudath was directed to bring his two sons to the Provincial Educational Department Office in Kandy on 12 July 2017. The officers present at the inquiry held in the Kandy regional office of the HRC, promised to make the necessary arrangements to safeguard the rights of Sudath and his children. They voluntarily promised to facilitate Sudath’s situation to implement the HRC’s recommendation.
On 12 July Sudath went to the office of the Director of Education of the Kandy District. The Director of Education, Mr. Ekanayke, called him in for a meeting. He said that he needed to launch an investigation into the case again. He furthermore wanted to question Sudath and his sons on their case. Sudath explained to the Officer that this action clearly went against the implementation of the recommendation given by the HRC on 12 July 2017.
Violating the recommendations of the HRC, the Educational Director invited the Principal of the Vidiyartha College, Kandy, into his office. Sudath stressed that this Principal was one of the respondents in the case examined by the HRC. Summoning him for another investigation would create chaos among the parties. Finally, Sudath pleaded with the Officer not to continue with another investigation and requested him to properly implement the recommendation of the HRC.
Despite the continued requests by Sudath, the Educational Director called both sons in for questioning. Sudath was not allowed into the office where his sons were being questioned. Suddenly, the elder son of Sudath came out of the room. He explained that they were threatened with arrest and custodial detention by the Probation Department and would be transported to School by the Police.
Frightened, Sudath called his second son to come out and immediately went to Headquarters of the Police Station in Kandy and lodged a complaint with the Officer on duty. The officer recorded the complaint and gave the reference as, WCIB (1) 237/157. In the complaint, Sudath accused the Educational Officer of threatening his sons with illegal arrest and custodial detention.
Sudath went to the HRC Kandy Office and explained what took place at the Education Department.
In addition, on the same day, Sudath made a complaint to the District Office of the National Child Protection Authority. He demanded that the Authorities investigate the violation of their rights by the Educational Officer.
On 22 July 2017, Sudath was asked to come to the Headquarters of the Police Station in Kandy to record a statement. He was at the police station by 7:30 a.m. While his statement being recorded by a Constable (PC), Sudath was told that he was being arrested. It followed the complaint made by an officer with the Education Director of Kandy. The complaint reference was, CIB (4) 145/144. He learned that said complaint had been lodged by the Deputy Provincial Director of Education, Mr. Kulatunga. He was subsequently detained in a cell until 3.00 p.m. The officer informed him that they were going to produce him in Court. Sudath was shocked. He questioned the officers as to the reason for his arrest and detention. He pleaded with the officers not to harass him, as he had not committed any crime. He tried his best to explain that there was no reason for him to be brought to Court. He had not engaged in any crime.
However, he observed that they were preparing documents and reports to be handed in to the Magistrate’s Court in Kandy. At this point, a police officer, Sudath later identified as designated for court-related works took over. He interfered with the other officers in the process of preparing the B Report pertaining to Sudath. After checking the complaint and other documents, he suddenly realized that Sudath was innocent and there was no basis for him to be produced in Court!
Because of the intrusion of this officer, Sudath was released on police bail. But he was asked to come to Court on 9 August 2017.
On 9 August, before going to court, Sudath went to the police to locate his case number. He was told that the Police had yet to file the B Report-so there was no case against him in the Courts. The officers made it plain that this complaint may have been recorded just to please the Principal of Vidiyartha College who had a personal influence in the matter.
Sudath stated that his complaint, WCIB (1) 237/157 made to the Headquarters of the Kandy Police Station was not being investigated. He believed that the police did not look into his complaint and provide JUSTICE for him due to the influence/power of the Educational Officers.
The victim high-lighted the most important recommendation made by the HRC. It is: the suggestion, by the Psychiatrist to the HRC, that both sons be assisted by providing them with another school, has not yet been implemented. The HRC’s recommendation should have guided the Education Department officers to make all the necessary arrangements to protect the educational rights of Sudath’s sons.
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Besides the above violations, Sudath emphasized that he was illegally arrested and detained in a police cell for 7 ½ hours without any reason being forthcoming. Therefore, he feels that his fundamental rights and the rights of his two sons were denied by the Educational Department Officers and the Police Officers.
Sudath states that he had no criminal record or any complaint against him. HE DEMANDS JUSTICE for the abuse of his fundamental rights.
Suggested Action:
Please send a letter to the Authorities listed below. Express your concern about this case. Request an immediate investigation into the allegations of abuse of an innocent person by the Police and Educational Department officers. Those proven to be responsible under Criminal Law for misusing the powers of the State should be prosecuted. The officers involved must be subject to an internal investigation for breach of Departmental Orders.
To support this case, please click here: SEND APPEAL LETTER
SAMPLE LETTER
Dear ________,
SRI LANKA: Victim of human rights violations re-arrested by Police to satisfy Educational Authorities
Names of Victims: Mr. K.M.H Sudath of No: 19/1 Watagoda Temple Road, Aruppola, Kandy in the Kandy District and his both sons.
Alleged perpetrators:
1) OIC and Officers attached to the Headquarters of the Police Station in Kandy
2) Director of Education Kandy District
3) Deputy Provincial Director of Education Mr. Kulatunga
Date of incident: 22 July 2017
Place of incident: Kandy Headquarters Police Division.
According to the information, I have received Mr. K.M.H Sudath, of No: 19/1 Watagoda Temple Road, Aruppola, Kandy District, Kandy is married and the father of two sons. In the early months of 2017, Sudath filed a complaint with the Sri Lanka Human Rights Commission (HRC) regarding the violation of his fundamental rights by the Education Authorities of Kandy District. In his application, he amply convinces the Commission, how a teacher of their present school, mentally and physically harassed both his sons. The HRC immediately called for expert evidence from the Consultant Medical Officer of Psychiatrist Unit of the Kandy Teaching Hospital, who in turn confirmed the level of the sufferings faced by both children.
Later, his case was taken up for investigation by the regional office of the HRC in Kandy. It made a recommendation in his favor stating that his fundamental rights had been violated by the officers of the Authority.
According to the recommendation made on 10 July 2017, Sudath was directed to bring his two sons to the Provincial Educational Department Office in Kandy on 12 July 2017. The officers present at the inquiry held in the Kandy regional office of the HRC, promised to make the necessary arrangements to safeguard the rights of Sudath and his children. They voluntarily promised to facilitate Sudath’s situation to implement the HRC’s recommendation.
On 12 July Sudath went to the office of the Director of Education of the Kandy District. The Director of Education, Mr. Ekanayke, called him in for a meeting. He said that he needed to launch an investigation into the case again. He furthermore wanted to question Sudath and his sons on their case. Sudath explained to the Officer that this action clearly went against the implementation of the recommendation given by the HRC on 12 July 2017.
Violating the recommendations of the HRC, the Educational Director invited the Principal of the Vidiyartha College, Kandy, into his office. Sudath stressed that this Principal was one of the respondents in the case examined by the HRC. Summoning him for another investigation would create chaos among the parties. Finally, Sudath pleaded with the Officer not to continue with another investigation and requested him to properly implement the recommendation of the HRC.
Despite the continued requests by Sudath, the Educational Director called both sons in for questioning. Sudath was not allowed into the office where his sons were being questioned. Suddenly, the elder son of Sudath came out of the room. He explained that they were threatened with arrest and custodial detention by the Probation Department and would be transported to School by the Police.
Frightened, Sudath called his second son to come out and immediately went to Headquarters of the Police Station in Kandy and lodged a complaint with the Officer on duty. The officer recorded the complaint and gave the reference as, WCIB (1) 237/157. In the complaint, Sudath accused the Educational Officer of threatening his sons with illegal arrest and custodial detention.
Sudath went to the HRC Kandy Office and explained what took place at the Education Department.
In addition, on the same day, Sudath made a complaint to the District Office of the National Child Protection Authority.
He demanded that the Authorities investigate the violation of their rights by the Educational Officer.
On 22 July 2017, Sudath was asked to come to the Headquarters of the Police Station in Kandy to record a statement. He was at the police station by 7:30 a.m. While his statement being recorded by a Constable (PC), Sudath was told that he was being arrested. It followed the complaint made by an officer with the Education Director of Kandy. The complaint reference was, CIB (4) 145/144. He learned that said complaint had been lodged by the Deputy Provincial Director of Education, Mr. Kulatunga. He was subsequently detained in a cell until 3.00 p.m. The officer informed him that they were going to produce him in Court. Sudath was shocked. He questioned the officers as to the reason for his arrest and detention. He pleaded with the officers not to harass him, as he had not committed any crime. He tried his best to explain that there was no reason for him to be brought to Court. He had not engaged in any crime.
However, he observed that they were preparing documents and reports to be handed in to the Magistrate’s Court in Kandy. At this point, a police officer, Sudath later identified as designated for court-related works took over. He interfered with the other officers in the process of preparing the B Report pertaining to Sudath. After checking the complaint and other documents, he suddenly realized that Sudath was innocent and there was no basis for him to be produced in Court!
Because of the intrusion of this officer, Sudath was released on police bail. But he was asked to come to Court on 9 August 2017.
On 9 August, before going to court, Sudath went to the police to locate his case number. He was told that the Police had yet to file the B Report-so there was no case against him in the Courts. The officers made it plain that this complaint may have been recorded just to please the Principal of Vidiyartha College who had a personal influence in the matter.
Sudath stated that his complaint, WCIB (1) 237/157 made to the Headquarters of the Kandy Police Station was not being investigated. He believed that the police did not look into his complaint and provide JUSTICE for him due to the influence/power of the Educational Officers.
The victim high-lighted the most important recommendation made by the HRC. It is: the suggestion, by the Psychiatrist to the HRC, that both sons be assisted by providing them with another school, has not yet been implemented. The HRC’s recommendation should have guided the Education Department officers to make all the necessary arrangements to protect the educational rights of Sudath’s sons.
.
Besides the above violations, Sudath emphasized that he was illegally arrested and detained in a police cell for 7 ½ hours without any reason being forthcoming. Therefore, he feels that his fundamental rights and the rights of his two sons were denied by the Educational Department Officers and the Police Officers.
Sudath states that he had no criminal record or any complaint against him. HE DEMANDS JUSTICE for the abuse of his fundamental rights.
I request the intervention of your good offices. Ensure that the Authorities listed below open an immediate investigation. They need to look into the allegations of violations of fundamental rights of the victim by officers of the Sri Lanka Police Department and the Department of Education. Any officers involved should be subject to an internal investigation for breach of Departmental Orders.
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)
