SRI LANKA: Lawful Public Protest not protected by Police who guarded attackers instead

Dear Friends,

The Asian Human Rights Commission (AHRC) would like to inform you about an incident on 13 July 2017. The pepper farmers organized a Protest March from Pallebedda to Palmadulla in the Ratnapura District, marching towards Embilipitya-Ratnapura-Colombo Road. They walked peacefully, respecting the Law and protecting the lives and properties of the public. Unexpectedly, an unruly group of people attacked the participants at Pallebedda Town at 10:45 a.m.. The organizers and participants kept complaining to the Officers on duty by pointing out the suspects who were breaching the Law. The Police turned a blind eye to the attackers. In silence the Police allowed the violent suspects to continue their criminal actions. Police failed to implement law and order. They did not investigate, report statements of witnesses, make any arrests and did not report the incident to the Court.  ORGANIZERS AND PARTICIPANTS RAISE THEIR VOICES FOR JUSTICE.

Case Narrative:

On 13 July 2017, large gathering of Sri Lankan Pepper Farmers got together at Thuntota Junction at Pallebedda in Rathnapura District for a peaceful Protest March. They were concerned with the continuous fall in prices of pepper in the local markets. By 9:30 a.m. more than a thousand farmers had congregated together.

Sri Lanka is the fifth largest pepper spice producer in the world. The major producing areas in the Island are Matale, Kegalle, Rathnapura, Matara, Kandy, Badulla and Kalutara. A large number of farmers gathered in Pallebedda Town following the public announcement of the organizers of the Pepper Farmers Associations.

They organized this protest following several emerging situations in the last three years, which turned their lives, industry and families upside down. Inefficiency of the Ministry of Minor Export Crop Promotion, caused the price of pepper in the local markets to fall from LKR 1750 to LKR 150. These falls in prices have crippled entire families impacting the lives of their children. They wept for their pathetic situation and requested the Government to monitor the market and provide immediate relief for them.

The farmers held placards and posters, with several urgent requests of the Government. They started to move ahead in the Embilipitiya-Ratnapura-Colombo Road towards Pallebedda Town. Several members of Parliament and the Provincial Councils were also in the front of the March.

The farmers:

a) Requested Government to introduce controlled certified prizes for buying crops of pepper. 
b) Stop importing pepper into the country. 
c) State buys a certain portion of the crop to stabilize market prices, preventing the private sector from manipulating prices.
d) State involvement in direct purchases, involving and facilitating the exporting of Sri Lanka’s pepper crop.

Their demands were well-founded, legally tangible requests. Some 80 Police Officers walked along with the march. The organizers followed the guidance and orders given by senior Police Officers. Organizers and participants obeyed and respected road traffic rules. In their March they were not a nuisance to the public or the vehicles moving on the road.

Violation of Rights

At 10:45 a.m. as the protestors marched forward, an unruly group of people started to block their way. They were wearing T-shirts, shorts, sarongs, colored long jeans and were intoxicated.

Suddenly the rowdy gang started to beat the participants shouting obscenities at them for protesting against the Government. Ten participants injured in the assault were stopped, harassed and hurt. 
The marchers’ were deprived of their rights to enjoy free expression, speech, association and assembly.

The participants verbally complained to the Police, indicating how their attackers were working. They pleaded with the Officers to implement law and order. They requested that they provide a safe and secure atmosphere in which they could peacefully enjoy their rights and march.

Participants waited until Police Officers broke up the assault and arrested the criminals who broke the Law in broad day light. Organizers then assisted the Police Officers in identifying suspects and worked alongside the Officers as law-abiding citizens.

However, Police did not implement the Law but supported the attackers. They let the attackers continue with the assault providing them protection as they carried on with their illegal behavior.

Later, the Deputy Minister of the Government with other ruling party members of the Provincial Council approached the marchers and addressed them. They both accepted the following steps:

a) They openly accepted the legality of the demands of the participants. 
b) They accepted that participants were lawfully and peacefully enjoying their rights in the March.
c) Two politicians acknowledged Government defects in foreign policy on external trade that created these crises for the farmers. 
d) They agreed to make necessary interventions, in their capacities, with the farmers.

National Media telecasted the negligent manner in which the Police behaved in not implementing law and order in the area. Police inaction motivated the suspected criminals to continue their assault.

The organizers stated that, even after people complained to the Police, they made no reasonable efforts to bring the responsible persons before the Law. Neither have they have made any attempts to record witnesses’ statements. None of the attackers were arrested. The incident has not been reported to the nearest Magistrate’s Court. Organizers of the March vehemently denounced the Police that silently supported the criminals by non-investigation of the crimes. Inaction, indolent approaches by the Police and the inefficiency of Police service has not provided JUSTICE for the victims.

Protesters demand that the Inspector General of Police (IGP) accept responsibility for these illegal actions. Furthermore, they want the IGP to reveal the names of all the responsible Senior Officers who were in control of the action and were supposed to maintain law and order in the area at the time. THEY ARE DEMANDING JUSTICE.

Suggested Action:

Please send letters to the Authorities listed below expressing your concern about this case. Request an immediate investigation into the allegations of: gross human rights violations by an unruly group of people, inaction of the Police in not keeping law and order in the area and the prosecution of those proven to be responsible. The Officers involved must also face an internal investigation for breach of department orders. Recommend that the National Police Commission (NPC) and the Inspector General of Police (IGP) open a special investigation into the malpractices of the Police Officers who abused their powers.

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