Dear Friends,
The Asian Human Rights Commission (AHRC) has received information that Mr. Rasika Jayasekara (33), his parents Mr. K.M J Bandara (69), and Mrs. W.M. Kumarihami (60) of No: 22/1, Waragolla Yaya, Senerathwela, Digana in Kandy District, were assaulted by his neighbour W.M. Senrathwela, and his two sons Danushka Lasantha and Nuwan Chanka. Rasika made a complaint to the Theldeniya Police Station. Police visited the place and observed the damage to the properties and recorded the medical situation of the victims. But still police did not inquire into the crime or take steps to arrest the culprits and produce them before the court of law. Victims state that police want to protect Nuwan Chanka, who is a Navy officer. Victims now seek justice against illegal actions of the police. The case illustrates the collapse of the rule of law in Sri Lanka.
CASE NARRATIVE:
The Asian Human Rights Commission (AHRC) has received information that Mr. Rasika Jayasekara (33) of No: 22/1, Waragolla Yaya, Senerathwela, Digana in Kandy District, is an electrician and he owns a school van. He is married to Dulanjali Rambukwella and they have a four-year-old son. Rasika lives with his parents Mr. K.M.J. Bandara (69) and Mrs. W.M. Kumarihami (60).
On 13 October 2016, around 3:30 p.m., a lorry carrying building materials was driven through the premises of Rasika, enroute to Rasika’s neighbor Senerathwela’s house. When Rasika advised them not to bring heavy vehicles through the narrow road, an argument ensued between Rasika and his neighbor, Senerathwela.
On the same day, between 8 p.m. and 8:30 p.m., the two sons of W.M. Senerathwela, Danushka Lasantha (23) and Nuwan Chanka (30) came to Rasika’s house, broke open the front door, entered the house, and assaulted Rasika and his parents. W.M. Senerathwela and another person were also present there at the time of incident and they kept threatening Rasika’s family.
As the neighbors rushed to the scene, the attackers fled. Rasika’s parents were then taken to the Theldeniya District Hospital, which is the closest hospital, and they were admitted to the Hospital with serious injuries. Rasika, who was also assaulted, refused to get admitted to the hospital fearing that the men would attack his wife and son who were left alone at the house.
Thereafter, on the same day, Rasika made a complaint to the Theldeniya Police Station about the incident. He was asked to sign a written complaint but it was not read to him before his signing.
On October 14, a Judicial Medical Officer (JMO) examined Rasika’s parents and their statements were recorded by the police officers of the Theldeniya Hospital Police Post. On 16 October 2016, Rasika’s parents were discharged from the Theldeniya District Hospital.
On 14th October 2016, at around 6 p.m., Rasika again went to inquire about the progress of his complaint at the Theldeniya Police Station, as there was no action taken by the police officers. The result of this was Rasika being asked at the Police Station to, in turn, provide a to one of the Police Constables, so the Constable could travel to Rasika’s house. Later police officers also visited Rasika’s house and observed the damaged house and recorded Rasika’s statements, took some photographs, and said that the attackers would be asked to come to the Police Station by the next day (October 15).
However, the police summoned none of the accused persons on October 15. On 16 October 2016, a Police officer telephoned Rasika and asked him to come to the Police Station for an Inquiry on 23rd October 2016, with the witnesses. Although Rasika along with his witnesses were present at the Police Station on time, the police did not make any inquiry into the complaint.
Police failed to take effective measures to conduct an investigation on a complaint lodged by Mr. Rasika Jayasekara on 13 October 2016 about Criminal Trespass and Criminal Assault. Police officers do not want to arrest the suspects because one of them is a Navy officer (Nuwan Chanka). Rasika and his parents state that police are not conducting an inquiry in to their complaint to protect the powerful Navy Officer. They further state that police are ignoring their legal duty to uphold the rights of citizens under the Constitution of the country.
Rasika Jayasekara and his parents K.M.J. Bandara & W.M. Kumarihami want justice and redress.
SUGGESTED ACTION:
Please write to the authorities listed below expressing your concern about this case and requesting an immediate investigation into the allegations of the police failing to investigate the alleged crime, and the prosecution of those proven to be responsible under the criminal law of the country. The officers involved must also be subjected to internal investigations for the breach of the orders of the Police Department.
To support this case, please click here: SEND APPEAL LETTER
SAMPLE LETTER
Dear ________,
SRI LANKA: Theldeniya Police refuse to investigate crime despite repetitive demands by victims
Name of Victim: Mr. Rasika Jayasekara and his parents K.M.J. Bandara & W.M. Kumarihami in Kandy District
Alleged perpetrators: Officers attached to the Theldeniya Police Station
Date of incident: 13 October 2016
Place of incident: Theldeniya Police Division
According to the information I have received Mr. Rasika Jayasekara (33) of No: 22/1, Waragolla Yaya, Senerathwela, Digana in Kandy District, is an electrician and he owns a school van. He is married to Dulanjali Rambukwella and they have a four-year-old son. Rasika lives with his parents Mr. K.M.J. Bandara (69) and Mrs. W.M. Kumarihami (60).
On 13 October 2016, around 3:30 p.m., a lorry carrying building materials was driven through the premises of Rasika, enroute to Rasika’s neighbor Senerathwela’s house. When Rasika advised them not to bring heavy vehicles through the narrow road, an argument ensued between Rasika and his neighbor, Senerathwela.
On the same day, between 8 p.m. and 8:30 p.m., the two sons of W.M. Senerathwela, Danushka Lasantha (23) and Nuwan Chanka (30) came to Rasika’s house, broke open the front door, entered the house, and assaulted Rasika and his parents. W.M. Senerathwela and another person were also present there at the time of incident and they kept threatening Rasika’s family.
As the neighbors rushed to the scene, the attackers fled. Rasika’s parents were then taken to the Theldeniya District Hospital, which is the closest hospital, and they were admitted to the Hospital with serious injuries. Rasika, who was also assaulted, refused to get admitted to the hospital fearing that the men would attack his wife and son who were left alone at the house.
Thereafter, on the same day, Rasika made a complaint to the Theldeniya Police Station about the incident. He was asked to sign a written complaint but it was not read to him before his signing.
On October 14, a Judicial Medical Officer (JMO) examined Rasika’s parents and their statements were recorded by the police officers of the Theldeniya Hospital Police Post. On 16 October 2016, Rasika’s parents were discharged from the Theldeniya District Hospital.
On 14th October 2016, at around 6 p.m., Rasika again went to inquire about the progress of his complaint at the Theldeniya Police Station, as there was no action taken by the police officers. The result of this was Rasika being asked at the Police Station to, in turn, provide a to one of the Police Constables, so the Constable could travel to Rasika’s house. Later police officers also visited Rasika’s house and observed the damaged house and recorded Rasika’s statements, took some photographs, and said that the attackers would be asked to come to the Police Station by the next day (October 15).
However, the police summoned none of the accused persons on October 15. On 16 October 2016, a Police officer telephoned Rasika and asked him to come to the Police Station for an Inquiry on 23rd October 2016, with the witnesses. Although Rasika along with his witnesses were present at the Police Station on time, the police did not make any inquiry into the complaint.
Police failed to take effective measures to conduct an investigation on a complaint lodged by Mr. Rasika Jayasekara on 13 October 2016 about Criminal Trespass and Criminal Assault. Police officers do not want to arrest the suspects because one of them is a Navy officer (Nuwan Chanka). Rasika and his parents state that police are not conducting an inquiry in to their complaint to protect the powerful Navy Officer. They further state that police are ignoring their legal duty to uphold the rights of citizens under the Constitution of the country.
Rasika Jayasekara and his parents K.M.J. Bandara & W.M. Kumarihami want justice and redress.
I request the intervention of your good offices to ensure that the authorities listed below instigate an immediate investigation into the allegations of the police failing investigate the crime. The officers involved must also be subjected to internal investigations for the breach of the orders of 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)
