Dear friends,
The Asian Human Rights Commission (AHRC) has learned that officers at Kochchikade officers have arrested and detained a woman without cause or complaint, only releasing her due to pressure from her friends. While in custody she was subjected to an unnecessary, aggressive strip search and verbally abused and threatened. She has made official complaints but no investigations have been started into the misconduct.
CASE DETAILS:
On 22 August two police officers entered and searched the home of Miss Galoluge Olivia Quincy Fernando (53) without a search warrant, before taking her to Kochchikade Police Station where she was detained. No reason was given for her arrest.
At the police station Olivia reports being aggressively questioned over a three hour period by two police officers, who threatened to beat her with a baton, and abused her with obscene language. She was then taken to another room and forcibly stripped naked and further humiliated by two female officers. She was reportedly told to lift her breasts with her hands, her petticoat was pulled off and she was threatened with a beating.
Olivia was allowed to leave at 6pm when friends challenged her detention, but she was told to return the following morning, which she did. After being unlawfully detained for a further two hours, pressure from Olivia’s friends again secured her release, but she was still told to return the next day. She did so, and when she asked about allegations against her, she found that there were none.
At no time was a reason given for Olivia’s arrest and questioning and at no point was she told of any complaints or charges against her, as required by the Sri Lankan Constitution and police code. Olivia also reports that no written statement was taken and that she was not asked to sign any legal document; no case was later filed by police at the Magistrates Court to suggest that a crime had been committed. Indeed the process seems simply to have been used as an extended, unlawful act of intimidation under the guise of law enforcement. As a result, while abandoning police procedure, officers at Kochchikade Police Station have violated her right to be protected from degrading treatment, unlawful arrest (without notification of reason) and detainment, as guaranteed under Articles 11, 13 (1) and 13 (2) of the Sri Lankan Constitution respectively.
Olivia has complained about her treatment to the Senior Superintendent of Police, directly to the Kochchikade Police station and the Sri Lankan Human Rights Commission.
SUGGESTED ACTION:
Please write to the authorities below, asking that they fully investigate and monitor the conduct of the officers at Kochchikade police station, regarding this case and in the future.
The AHRC has informed the UN Working Group on Arbitrary Detention and the UN Special Rapporteur on violence against women, its causes and consequences, of this case.
To support this case, please click here: SEND APPEAL LETTER
SAMPLE LETTER
Dear __________,
SRI LANKA: A woman is unlawfully arrested, detained and degraded by Kochchikade officers
Name of victim: Miss Galoluge Olivia Quincy Fernando, 53.
Name of alleged perpetrators: Officers attached to Kochchikade Police Station,
Date of incident: 22 August 2009
Place of incident: Kochchikade Police Station, Negombo division, Western Province (North) Range.
I am writing to express my concern at the illegal treatment of a woman by police officers at Kochchikade station.
I am informed that at around 14:30 on 22 August two police officers entered Olivias home and illegally searched it. She was then arbitrarily apprehended and taken to Kochchikade Police Station.
Once at the police station Olivia reports that she was illegally detained, aggressively questioned and threatened, before being forcibly stripped naked by female officers, humiliated and threatened further. She was instructed to lift her breasts, and her underskirt was dragged from her body. I am informed that the police officers released Olivia only after strong objections from her friends, but instructed her to return twice to the station, which she did.
Throughout the incident, no reason was given for Olivia’s arrest or questioning and at no point was she told of any complaints or charges against her, as required by the Sri Lankan Constitution and the Police Code. Olivia reports that no written statement was taken and she was not asked to sign any legal document. No case was later filed by police at the Magistrates Court to suggest that a crime had been committed.The process indeed seems simply to have been used as an extended, unlawful act of intimidation under the guise of law enforcement. As a result, while abandoning police procedure, officers at Kochchikade Police Station have violated her right to be protected from degrading treatment, unlawful arrest (without notification of reason) and detainment, as guaranteed under Articles 11, 13 (1) and 13 (2) of the Sri Lankan Constitution respectively.
I find this shocking and disappointing, and in the interests of preventing further such abuses I strongly urge an investigation into the incident. Officers found to have breached protocol must be disciplined and considered for retraining. I also ask that compensation and legal redress is ensured for the victim.
Yours sincerely,
—————-
PLEASE SEND YOUR LETTERS TO:
Mr. Jayantha Wikramaratne
Inspector General of Police
New Secretariat
Colombo 1
SRI LANKA
Fax: +94 11 2 440440 / 327877
E-mail: igp@police.lk
2. Mr. Mohan Peiris
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. 8 Barned Place
Colombo 7
SRI LANKA
Tel: +94 11 2 694 925 / 673 806
Fax: +94 11 2 694 924 / 696 470
E-mail: sechrc@sltnet.lk
5. Senior Superintendent of Police
Office of the Senior Superintendant of Police
Negombo Division
SRI LANKA
Tel: +94 31 2 224342
Fax: +94 31 2 224394
———————————-
Thank you.
Urgent Appeals Programme
Asian Human Rights Commission (ua@ahrchk.org)
