SRI LANKA: A man was allegedly abducted by a powerful businessman over a land dispute and fate remains unknown–the police is silent on the investigation

Dear friends,

The Asian Human Rights Commission (AHRC) has received information that man was abducted by a group of unknown persons in Dadalla, Galle. The relatives of the victim believe the abduction is due to a land dispute that they had with a high profile businessman. While the relatives have made several complaints to the police and even to the Inspector General of Police no action has been taken to find the victim. Relatives are in fear for his life.

CASE NARRATIVE:

According to Mrs. Don Ghanawathi Dissanayaka of No. 455, Colombo Road, Galle, her husband, Thirimadura UpaIi Mendis was abducted by a group of unknown persons on 21 July 2010. The abduction was witnessed by their daughter Thirimadura Hiranthika Kaihari. According to Kaihari this group of persons came to their house in a blue coloured Land Cruiser with tinted windows. The vehicle bore registrations number G. 8. 8484. This incident happened at 3.10 pm. These people told Kaihari that they were taking her father to the Tangalle Police Station.

Mrs. Don Ghanawathi Dissanayaka made a complaint to the Galle Police Station on same evening on this abduction and the complaint was recorded in CIB iii (time 17.10, page No. 302, paragraph -355). The relatives were directed by Senior Superintendent of Police (SSP) Keerthi Silva, to ‘Sahana Mandiraya’ (Relief Centre) in the Inspector General of Police’s (IGP) office. The relatives went to the Sahana Mandiraya and made an entry there. The reference of that complaint was, IGP/PAC/0/1373/10 on 23 July 2010. The complainant in this instance was T. H. Kaihari and the nature of the complaint was abduction. It was taken down by officer Mr. Dissanayake, PS28373. They were informed in writing that the letter which they had submitted to the Ministry of Defence had also been referred to the IGP under the reference of (0. 0. L / 44/01/10(14))

According to Ghanawathi, her husband has a plot of land in Dadalla, Galle, where they have been residing for nearly forty years. He had a dispute with a powerful well-known businessman from Colombo over this land. He is the owner of Prestige Company in the capital of Colombo. To settle the dispute this businessman promised to give her husband 3.5 million rupees. When her husband went to get the above mentioned money he had requested the businessman to hand over the money as a financial transaction in front of an Attorney-at-Law. He made that request fearing that those people would exaggerate their claim. However the businessman refused to make such written transaction and her husband refused to accept money that day. This whole incident was witnessed by her son Thirimadura Prabath Chandima Mendis and one of his friends.

Later she heard her husband exchanging heated words over the telephone with this businessman. Then two persons named Ratnayake and Gunathilake came to her place and talked about settling the matter in terms of conciliation. However her husband told her that the businessman refused to pay the 3.5 million and he has told that he would get it sorted out “by hook or by crook”. Further her husband told her that there was a threat to his life due to this matter. He did tell her that if something happened to him this particular businessman should be held responsible.

Furthermore she learned that this businessman has sold his rights to the land by misleading the buyer person by saying that the land was unoccupied. But after realizing the fact that it is a disputed land the buyer refused to go further. Then the businessman told the potential buyer that he would clear everything up soon.

Following all these incidents she strongly states that this particular businessman is directly involved with the abduction of her husband.

Her son Thirimadura Prabath Chandima Mendis had record all the discussions that shows true evidence of links of alleged perpetrators and have handed over all to the investigation officers of Sri Lanka Police department. It includes the discussions and direct threats by this powerful businessman and the person who came to her house as well. The copies of these recorded conversations have been given to the Deputy Inspector General (DIG) Tangalle, SSP Galle, Keerthi De Silva, and Assistant Superintendent of Police (ASP) Panamaldeniya at IGP office as well.

However, to-date Ghanawathi does not have any kind of information about the fate of her husband. She states that due to the influence of this powerful businessman, the police is not properly investigating the complaint that she made. Though 45 days have passed from the abduction the police has not taken any effective action in relation to the investigation of the incident. Furthermore, the police has not yet taken any steps to arrest any suspect in relation to the incident though the complainants have submitted numerous credible pieces of information directly related to the abduction.

Long delays in the investigation violate the rights of the family of the victim to know about the truth on abduction. The United Nation has accepted the right to know the truth for the victim of such cases.

ADDITIONAL COMMENTS:

The Asian Human Rights Commission has reported innumerable cases of abduction and disappearances in the last few decades in Sri Lanka. In the late eighties and early nineties it was reported more than thirty six thousand officially recorded cases of abduction and disappearances. Even in the last five years from 2005 to 2009 several hundred cases of abduction and disappearances were reported in North and East provinces, the capital Colombo and many other parts of Sri Lanka. State agencies and armed groups closely working with government were accused for many of these cases while many other private parties involved in these abductions for fulfilling their whims and fancies.

The Asian Human Rights Commission has profoundly raised its voice asking for effective investigations for these abductions and the prosecution of those who are involved.

The AHRC has lobbied for the establishment of a mechanism of prompt, independent, efficient and impartial investigation system for these crimes as there is enormous evidence of the systematic practice of abductions. The necessity of adopting strong measures to stop the repetitiveness of these incidents has been identified by many other concerned people including the United Nations.

The UN Working Group on Enforced or Involuntary Disappearances has categorically stated the necessity in that regard and has recommend the State of Sri Lanka to penalize the crime of causing a disappearance and include it to the Penal Code of Sri Lanka. But this has not yet been done. Furthermore numerous recommendations that were made by the different Presidential Commissions established to inquire into disappearances which happened in various parts of the country during 1988 to 1991 have not respected. The State of Sri Lanka not yet signed and ratified the International Convention for the Protection of All Persons from Enforced Disappearance.

The enormous cases that Asian Human Rights Commission has taken up on abductions has repeatedly shown the inability and the unwillingness of the State of Sri Lanka to investigate and prosecute the perpetrators of such cases.

Furthermore, the Asian Human Rights Commission has continuously exposed the way the witness and the victims are getting harassed and on some occasions even killed to suppress justice. Furthermore we have urged the State of Sri Lanka to adopt a law for the protection of witness protection.

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 of abduction by the group of unknown persons, and the prosecution of those proven to be responsible under the criminal law of the country. Further those who misusing powers and deliberately neglecting the laws of the country to protect the citizens of the country should be prosecuted. The officers involved must also be subjected to internal investigations for the breach of the department orders as issued by the police department.

Please note that the Asian Human Rights Commission has already written separate letters to the UN Working Group on Enforced or Involuntary Disappearances.

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