Dear friends,
The Asian Human Rights Commission (AHRC) has been informed that police in Nawalapitiya have arbitrarily arrested a man, beaten him and created evidence to use in the framing of charges against him. He will appear before a magistrate on 25 November 2009.
CASE DETAILS:
According to the information we have received, on the 19 November 2009 Joseph Fonifelius, 44, visited a shop close to his home at around 9am to buy cigarettes for his father. He arrived to find police raiding the shop for illegal alcohol. Though there was no evidence to suggest his involvement, police quickly arrested him on charges of ‘spying’ while still outside of the shop. They reportedly threatened and slapped him and forced him into a jeep, along with the shop owner and his brother, Aloysius and Felix.
Police officers continued to breach procedure and break the law at Nawalapitiya Police Station, where Joseph was told to sign documents he had not read. He resisted, and says that he was threatened with a fake firearms charge, which is non-bailable. He informs us that his fingerprints were then affixed to a bottle of illicit liquor, after which he was detained in a police cell. He has still not been told of the charges against him, as required by the Sri Lankan constitution and police code. He was released on police bail at approximately 3pm and told to appear before the Nawalapitiya magistrate on the 25 November 2009.
By abandoning police procedure, officers have violated Joseph’s right to be protected from unlawful arrest and detainment, and to a fair trial, as guaranteed under article 13, paragraphs 1 to 6 of the Sri Lanka’s constitution (PDF) as well as article 9 of the International Covenant on Civil and Political Rights (ICCPR).
As often documented by the AHRC, police actions in Sri Lanka continue to show a disregard for legal procedure, which is in place to protect civilians and prevent officers from following personal agendas. Arbitrary arrests undermine civilian respect for the law and law enforcement agencies. The current brand of police conduct and investigation is commonly unprofessional, arbitrary and violent, and it leaves room for corruption and exploitation. In this case the victim is worried about his reputation and about further police harassment; he supports three children, a mother with cancer and an ill father.
It should also be noted that the Nawalpitya police have featured in a number of AHRC urgent appeals on torture and false charges, including UAC-034-2009, UAC-130-2008 and UA-284-2007, which suggests that the weakness is institutional, and that the appropriate checks and balances are not in place. Review and reform is urgently needed. The AHRC urges the National Police Commission to look into the operation of police at Nawalpitya police station, and the government to appoint a team of Supreme Court Judges to thoroughly inquire into the general breakdown of discipline within the police in the country.
SUGGESTED ACTION:
Please write to the authorities listed below asking for their intervention into this case, and call on the National Police Commission to investigate the operation of the Nawalapitiya police, and instigate reforms.
To support this case, please click here: SEND APPEAL LETTER
SAMPLE LETTER
Dear __________,
SRI LANKA: Nawalapitiya police illegally arrest a man and fabricate evidence against him
Name of victim: Joseph Fonifelius, 44, Bohill Estate Katabula, Nawalapitiya.
Name of alleged perpetrators: Police attached to the Nawalapitiya police station, Gampola Division, Central Range (West).
Date of incident: 19 November 2009
Place of incident: Nawalapitiya
I am writing to voice my concern regarding the alleged arbitrarily arrest, beating and fabrication of charges against Joseph Fonifelius by Nawalapitiya police.
According to the information I have received Mr. Fonifelius was visiting a shop close to his home early one morning to buy cigarettes. Before he could enter the shop he was arrested by police officers, who accused him of ‘spying’, threatened and slapped him and forced him into a jeep. He was arrested along with the shop owner and his brother, called Aloysius and Felix.
Police officers continued to breach procedure and break the law at Nawalapitiya Police Station, where Mr. Fonifelius was told to sign documents he had not read, and was threatened with a fake firearms charge. I am told that his fingerprints were affixed to a bottle of illicit liquor, after which he was detained in a police cell. Mr. Fonifelius has still not been told of the charges against him, as required by the Sri Lankan constitution and police code. He was released on police bail later that afternoon and told to appear before the Nawalapitiya magistrate on the 25 November 2009.
By abandoning police procedure, officers at Nawalapitiya Police Station have violated Mr. Fonifelius’ right to be protected from unlawful arrest and detainment, and to a fair trial, as guaranteed under article 13 (1) and 14 of the Sri Lanka’s constitution as well as article 9 of the International Covenant on Civil and Political Rights (ICCPR), to which Sri Lanka is a state party. They have also damaged his reputation and the victim has valid concerns about further police harassment; he supports three children, a mother with cancer and an ill father.
I’m aware that the Nawalpitya police have faced allegations for human rights violations in the past, and call for a thorough investigation into the operation of the police station by the National Police Commission. I also take this opportunity to urge the government to appoint a team of Supreme Court Judges for a much-needed inquiry into the general breakdown of discipline within the police in Sri Lanka.
Yours sincerely,
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PLEASE SEND YOUR LETTERS TO:
Mr. Mahinda Balasuriya
Inspector General of Police (IGP),
New Secretariat,
Colombo 1,
SRI LANKA
Fax: +94 11 2 440440/327877;
E-mail: igp@police.lk
Mr. Mohan Peiris
Attorney General
Attorney General’s Department
Colombo 12
SRI LANKA
Fax: +94 11 2 436421
Registrar of the Supreme Court
Supreme Court of Sri Lanka
Superior Courts Complex,
Colombo-12,
SRI LANKA
Telephone: +94-1-435446.
Fax: +94-1-320785/435446/112 437534
Secretary, National Police Commission,
3rd Floor Rotunda Towers,
109 Galle Road
Colombo 03,
SRI LANKA
Tel/Fax: +94 11 2 395960
E-mail: npcgen@sltnet.lk or polcom@sltnet.lk
Secretary, Human Rights Commission of Sri Lanka,
No 108 Barnes Place
Colombo 07
SRI LANKA
Tel: +94 11 2 694 925 / 673 806
Fax: +94 11 2 694 924 / 696 470
E-mail: sechrc@sltnet.lk
Senior Superintendent of Police
Office of the Senior Superintendant of Police
Colombo North Division
SRI LANKA
Fax and tel: +94 11 2432524
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Thank you.
Urgent Appeals Programme
Asian Human Rights Commission (ua@ahrchk.org)
