SRI LANKA: A man is shot dead by officers attached to the Pitigala Police Station

Dear friends, 

The Asian Human Rights Commission (AHRC) has received information that a man was shot dead by police officers attached to the Pitigala Police Station on 27 August 2010. A wood cutter by profession the victim was shot at Wadumulla, Delpawana in Benthota State Plantation and later succumbed to his injuries. Police claim that they shot the victim while attempting to arrest him on the suspicion of committing a rape. The case illustrates the exceptional collapse of the rule of law in the country. 

CASE NARRATIVE: 

According to the information that we have received, Mr. Chathurathantri Viraj Tharanga (25) of Pitigala, Elpitiya was shot dead by the police officers attached to the Pitigala Police Station on 27 August 2010 at Wadumulla, Delpawana in Benthota State Plantation in Pitigala Police Division in the Galle district. 
Tharanga was a wood cutter by profession and was the sole bread winner, one of the children of a family of eight who previously lost their father. Tharanga was shot by the police and succumbed to his injuries. 

According to the police version when the police attempted to arrest the Tharanga, who had allegedly sexually abused a woman, Tharanga attempted to throw a bomb at the police prompting retaliatory fire. The relatives of the family categorically denied the charges and state that he was peaceful man that worked hard to help his mother feed the family that was suffering economic hardship. 

It is important to notice that police never revealed any injury to any the officers. Furthermore, according to the law officers of enforcement agencies, especially the police have been categorically prohibited from using their weapon at the time of arrest unless where they arresting a suspect who can be charged with a crime that punishable with the death penalty. 

This is yet another incident of the shooting of a suspect during and after arrest. It has been pointed out time and time again that the police are responsible for the safety of the suspect at all times. Police officers are supposed to be highly trained and should be well aware of how to take precautions for their safety. How then was it possible for these officers to be so lax in their duty so as to allow Tharanga to attack them? The safety of a suspect whilst arresting him by any branch of the Sri Lankan police is a non-transferable responsibility and shootings to death at the time of arrest and while in custody are becoming an almost daily occurrence. The officers are legally bound to report the details on all developments of the detainee while in police custody including his movements and wellbeing. 

Many identical cases have been reported in Sri Lanka within the past few months. Ironically, according to the police reports every suspect who has been shot dead while in the arresting process or in custody of police have all tried to escape. If this is indeed such a common danger why then has the Inspector General of Police not issued orders to all the officers under his command to guarantee their own safety by ensuring that the suspect is securely restrained? Another common incident is where the suspects attempt to escape while showing the police a stash of concealed weapons. Despite being surrounded and guarded by well trained and professional police officers they are able to locate a hand grenade which they then attempt to throw at the officers. 

This is a scenario which has been used so frequently by the Sri Lankan police that it is now laughable. The officers must have been aware of the danger, real or imagined that Tharanga posed. Indeed, the Officer-in-Charge of the relevant police station and the area Assistant Superintendent of Police are undeniably responsible for the death of this man. It is the non-transferable duty of the police to ensure the safety of any suspect at the time of arrest and while in the detention. 

As is customary with this type of incident the only ‘witnesses’ are the police officers themselves and therefore no credible inquiry has taken place to ascertain the veracity of their version of the events. 

ADDITIONAL COMMENTS: 

The Asian Human Rights Commission has reported innumerable cases of arbitrary arrest, detention, torture and extra judicial killings of citizens at the hands of the police which is illegal under international and local law and which have taken place at different police stations in the country over the past years. The Asian Human Rights Commission has observed that the Sri Lankan police have used torture as an instrument to terrorize innocent persons and harass the public. Further, the country’s police are implementing a policy of eliminating criminals by killing them after arresting them without producing them to the court of law. 

The Constitution of Sri Lanka has guaranteed the right freedom from torture. According to Article 11 of the Constitution ‘No person shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment’. Further, Article 13(4) “No person shall be punished with death or imprisonment except by order of a competent court, made in accordance with procedure established by law. The arrest, holding in custody, detention or other deprivation of personal liberty of a person, pending investigation or trial, shall not constitute punishment.” Further article 13 (5) guarantees the right of presumption of innocence until being proven guilty. 

Furthermore, Sri Lanka has signed and ratified the International Covenant on Civil and Political Rights (ICCPR). Nevertheless the lack of protection offered to those who are willing to take cases against abusive police officers and the state authorities, means that the law is under-used continues to be employed as a tool by the police to harass people. This not only takes a long-term toll on the victim and his or her family, but on society as a whole, by the undermining of civilian respect for the law and encouraging impunity. 

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 the 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 allegations of extra judicially kill by the police perpetrators, and the prosecution of those proven to be responsible under the criminal law of the country. The officers involved must also be subjected to internal investigations for the breach of the department orders as issued by the police department. 

The AHRC has also written a separate letter to the Special Rapporteur on Extra-judicial, Summary or Arbitrary Executions on this regard. 

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