SRI LANKA: Innocent man illegally arrested and charged by Kantale Police

Dear Friends,

The Asian Human Rights Commission (AHRC) has received information regarding Mr. Andige Lakshitha Piyumal Peiris (26), a permanent resident of the Trincomalee District. On 6 July 2017, Piyumal was illegally arrested by Police Officers attached to the Kantale Police Station. He was accused of assaulting two Police Officers which he vehemently denied. He was detained and produced before the Magistrate on a fabricated charge of obstructing Police duties. The victim successfully explained to the Magistrate that there is no evidence to prove his involvement in committing such a crime. The Police requested time to investigate and Peiris was released on bail. He said that the Police acted arbitrarily, illegally arresting, detaining and producing him before the Magistrate on a trumped-up charge. They violated his fundamental rights and liberties guaranteed by the Constitution.

Case Narrative:

The Asian Human Rights Commission has received information about Mr. Andige Lakshitha Piyumal Peiris (26), of No: 192/2, 1st Cross Road, Kantale in the Trincomalee District. Piyumal runs a small business.

On 6 July 2017 at 9 a.m., Piyumal received a message from the Kantale Police Station to report to the Officer-in-Charge (OIC). Piyumala was busy during the day as he is self-employed in a small-scale business. He accepted the message from the Police Officer but informed him that he can report to the Officer when he is released from work. The Officer who was in uniform warned him of future consequences if he did not immediately report to the Police. Piyumal was afraid about the reason for calling him to the Police Station by a senior Officer. He knew that he is innocent, has never engaged in any violent activity and has never been a party to commit a crime in his life.

After completing his most pressing works, he left to report to the Police, arriving about 7 p.m.. He informed the Police receptionist that he was asked to meet the OIC and was taken to his office. Piyumal was questioned by the OIC, as to whether he had assaulted 2 Police Officers at the Bogaha Junction at Kantale-Thrincomalee Road at 6.30 p.m. on 13 June 2017. Piyumal was shocked by the question. He informed the OIC that he did not assault the two Officers. The OIC became angry. He threatened that he would be tortured, produced before the Courts on fabricated charges and remanded and would not be released for a long time. Piyumal asserted to the OIC that he never committed any such assault. He explained his position as a married man and the father of two children. He is engaged in running a small-scale business. He is considered to be a peaceful citizen with no history of being involved in any crime.

The OIC was not satisfied and ordered he be detained in a cell for the night. On 7 July 2017, he was produced before the Kantale Magistrate on a fabricated charge of obstructing the official duties of the Police. Piyumal informed the Magistrate that he was not aware of the incident or the charge. He explained to the Judge that, the place of this incident, his residence and his place of business are all far away. It appears the Police have mistakenly arrested him and absorbed him into this unknown case. Not to be bested, the Police informed the Judge that matters remain under investigation, needing more time to verify/clarify the facts. The Magistrate then released Piyumal on bail. His case is still pending.

Piyumal vehemently denied the charge against him. He firmly holds to the position that he was illegally arrested, detained in a cell at the Kantale Police Station with his fundamental rights, guaranteed by the Constitution, violated.

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. Prosecute those proved to be responsible under the Law for misusing the powers of the State. The officers involved must 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.

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