SRI LANKA: Mother was illegally arrested instead of the son

ASIAN HUMAN RIGHTS COMMISSION - URGENT APPEALS PROGRAMME

Urgent Appeal Case: AHRC-UAC-143-2017
ISSUES: Administration of justice, Arbitrary arrest & detention, Enforced disappearances and abductions, Impunity, Rule of law,

Dear Friends,

The Asian Human Rights Commission (AHRC) has received information regarding Mrs. Jaysekara Mudiyanselage Ramani Kumari permanent resident of Kantale Police Division. Kumari is a mother of Milan Saman Wickramasinghe (21). On 13 June 2017, Milan was tortured by the police officers attached to the Kantale Police Station. After taking treatment, the victim’s son was in hiding in fear of further harassment by the police. Then on 15 June police visited their home and arrested the mother of the victim as later produced her accusing for obstructing to the duties of the police. 
The victim states that the Police acted arbitrary and illegally and violated the Law.

Case Narrative:

The Asian Human Rights Commission has received information about Mrs. Jaysekara Mudiyanselage Ramani Kumari (46) of No: 247/1, Trincomalee Road, Kantale in the Trincomalee District. Kumari is married and a mother of three children. She is the mother of Milan Saman Wickramasinghe (21).

Ramani’s son Milan is a victim of torture by the police officers attached to the Kantale Police Station. On 13 June 2017 Milan was tortured by the two police officers and later he was admitted for the immediate treatment to the Kantale Base Hospital. Later due to the fear of further torture and the life, Milan left the village and kept in hide.

Two days later, on 15 June 2017 five police officers attached to the Kantale Police Station arrived Kumari’s house at Thricomalee Road, and questioned her about her son Milan. She replied that he has gone to Colombo to engage in a job. She was in fear of police that they are trying to illegally arrest and further harass her son. The police officers then started to verbally abused her. She was accused for keeping her son hide to preventing police to arrest him. She denied the fact. Then the police threatened her that they would arrest her if she was not guiding them the place where Milan is staying. Defined Ramani, replied the officers that her son Milan is innocent and has never engaged in committing any crime. She further explained that but police have torture him in public. Now they are trying to further harass her son by illegally arresting him. She pleaded the officer to stop their illegal activities.

However the police officer then arrested Ramani and brought to the Kantale Police Station and detained her. Later on 16 September, she was produced before the Katale Magistrate accusing him for obstructing to the duties of the police. Ramani refusing the accusations.

Kumari states that he was illegally arrested and detained at the police cell by the Kantale Police. She said police violated her fundamental rights guaranteed by the Constitution.

Suggested Action:

Please send letters to the authorities listed below expressing your concern about this case. Request an immediate investigation into the allegations of illegal arrest by the Police. And prosecution of those proved to be responsible under the criminal law for misusing the powers of the State. The officers involved must also be subject to an internal investigation for breach of Police Departmental Orders. Please request the National Police Commission (NPC) and the Inspector General of Police (IGP) to open a special investigation into the malpractices of Police Officers who abuse their powers.

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

SAMPLE LETTER

Dear _______

SRI LANKA: Mother was illegally arrested instead of the son

Name of Victims: Mr. Jaysekara Mudiyanselage Ramani Kumari of No: 247/1, Trincomalee Road, Kantale in the Trincomalee District

Alleged perpetrators: police officers attached to the Kantale Police Station

Date of incident: On 15 June 2017

Place of incident: Kantale Police Division

According to information I have received Mrs. Jaysekara Mudiyanselage Ramani Kumari (46) of No: 247/1, Trincomalee Road, Kantale in the Trincomalee District. Kumari is married and a mother of three children. She is the mother of Milan Saman Wickramasinghe (21).

Ramani’s son Milan is a victim of torture by the police officers attached to the Kantale Police Station. On 13 June 2017 Milan was tortured by the two police officers and later he was admitted for the immediate treatment to the Kantale Base Hospital. Later due to the fear of further torture and the life, Milan left the village and kept in hide.

Two days later, on 15 June 2017 five police officers attached to the Kantale Police Station arrived Kumari’s house at Thricomalee Road, and questioned her about her son Milan. She replied that he has gone to Colombo to engage in a job. She was in fear of police that they are trying to illegally arrest and further harass her son. The police officers then started to verbally abused her. She was accused for keeping her son hide to preventing police to arrest him. She denied the fact. Then the police threatened her that they would arrest her if she was not guiding them the place where Milan is staying. Defined Ramani, replied the officers that her son Milan is innocent and has never engaged in committing any crime. She further explained that but police have torture him in public. Now they are trying to further harass her son by illegally arresting him. She pleaded the officer to stop their illegal activities.

However the police officer then arrested Ramani and brought to the Kantale Police Station and detained her. Later on 16 September, she was produced before the Katale Magistrate accusing him for obstructing to the duties of the police. Ramani refusing the accusations.

Kumari states that he was illegally arrested and detained at the police cell by the Kantale Police. She said police violated her fundamental rights guaranteed by the Constitution.

I request the intervention of your good offices. Ensure that the authorities listed below open an immediate investigation into the allegations of violation of the fundamental rights of the victim by officers of the Sri Lanka Police Department. The officers involved should also be subject to internal investigations for breach of Police Departmental Orders.

Yours sincerely,

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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 Program
Asian Human Rights Commission (ua@ahrc.asia)