SRI LANKA: Police neglect leads to the death of a young man

Dear Friends,

The Asian Human Rights Commission has received information regarding Mr. Kurukulasooriyage Nuwan Chamara Perera of No: 215/5, Jayalath Place, Modara, Moratuwa, in the Colombo District. On October 5, 2017, he was assaulted by four persons, Malshika, Janith, Janithu, and Ishani Shehara at Joseph Place in Moratuwa Modara Police Post Division. He was treated at the Panadura Base Hospital and the Intensive Care Unit (ICU) of the National Hospital of Sri Lanka (NHSL). The victim succumbed to his injuries on 22 October 2017. At the onset, the victim’s relatives attempted to lodge a complaint with the Moratuwa Modara Police Post, requesting them to impartially implement the Law. The Officer-in-Charge (OIC) Anil, Sub-Inspector (SI) Sampath and Police Constable (PC) Senadeera sabotaged the Investigation. They wanted to hide the grievousness of the crime. So, they reported the case to the Courts as causing only minor injuries which resulted in the suspects being released. His relatives stated that the Police were protecting the criminals. They were unduly influenced by Mr. Rohitha, a wealthy, politically powerful, businessman. THE VICTIM SEEKS JUSTICE.

Case Narrative:

Dharshani Priyangika Fernando (18) of No: 215/5, Jayalath Place, Modara, Moratuwa, in the Colombo District was married to Kurukulasooriyage Nuwan Chamara Perera (21). They have a one and a half year- old child. Nuwan worked as a vehicle painter.

On 5 October 2017 at 11 p.m., Nuwan was assaulted by four persons at Joseph Place, Moratuwa. WHY? They used clubs, kicks and fists. Nuwan fell to the ground with severe injuries. Then, the attackers left. Nuwan’s brother received a message about the assault. He went to Joseph Place and brought Nuwan to the Base Hospital of Panadura for evaluation and he was admitted for emergency treatment.

The brother went to the Moratuwa Modara Police Post to file a complaint regarding the incident. He informed the Officers about the assault, details about the victim and clear identities of the responsible persons. At first the Officers were interested. However, after discussing the matter further, they took a sluggish approach in accepting the case and recording it in the Crime Recording Book. WHY? After waiting for many hours, the brother left the Police Station. Later, Nuwan’s relatives learned that a powerful politician, a wealthy businessman, Mr. Rohitha, was pressuring the Police to suppress the Investigation. WHY? He was the owner of a prosperous, large-scale timber mill. The Police officers were negatively influenced due to the BRIBES they received from Mr. Rohitha.

The next morning, large numbers of relatives were out in protest against Police inefficiency in not investigating the case. Unexpectedly, the Police arrested three out of four subjects and produced them before the Moratuwa Magistrate. Knowingly, the Police falsified the situation by reporting the case as causing only minor injuries. Most surprisingly, Police illegally arrested the brother and the brother-in-law of the victim and produced them before the Magistrate. They had no knowledge of the case at all. All were released on bail. Police intentionally hid the fact from the Magistrate that the victim was not improving and was still undergoing treatment at the Panadura Base Hospital.

On 7 October, Authorities informed the family that they have discharged Nuwan from the hospital. The relatives brought the victim home, but were painfully aware that he could not move by himself without support. Relatives believe that Mr. Rohitha was also behind Nuwan’s discharge. WHY? As the victim continuously complained about being in severe pain, the relatives, for a second time, admitted him to the Panadura Base Hospital. Considering the life-threatening condition of the patient, the Hospital Authorities immediately transferred him to the more sophisticated National Hospital of Sri Lanka in Colombo (NHSL). However, for unknown reasons, he was brought back to the Panadura Hospital. But as his condition worsened he was transferred back to the NHSL and admitted to the Intensive Care Unit (ICU). Imagine the trauma to the patient after so many transfers to different hospitals in such a short time!

On 16 October 2017, Nuwan’s grandmother, Mrs. H. Enette Fernando, informed the Moratuwa Magistrate’s Court about the latest development in her grandson’s case. It was by way of a MOTION supported by a lawyer. The Magistrate considered the facts. He then ordered the Officer-in-Charge (OIC) of Modara Police Station to arrest the four responsible suspects and produce them on 20 October, before the Magistrate.

However, on 20 October, the Police produced the suspects but did not report the tenuous medical condition of the victim. They did not allude to the grievousness of the crime they have committed which resulted in the Magistrate releasing the suspects. The Police hid and suppressed the facts that the four suspects committed the crime of attempted MURDER.

Relatives accused OIC Anil, Sub-Inspector (SI) Sampath and Police Constable (PC) Senadeera of suppressing justice and protecting the criminals due to outside influences.

The relatives went to the Police Station and questioned the Officers as to WHY they did not implement the Law against the suspects. The OIC, SI Sampath and PC Senadeera justified their actions. Only after submitting the death certificate of the victim, can re-arrests of the suspects be made. They opposed the position of the Police because the victim is still alive. It was an attempted murder case and the suspects should not have been released on bail in the first instance.

The OIC agreed to re-arrest the four suspects in three-hours. Although remaining at the Police Station from 12 noon until 3 p.m., the OIC did not carry out his promise. Openly distressed, villagers and relatives obstructed the Colombo-Matara High Way and protested seeking for JUSTICE. The Superintendent of Police (SP) of Mount Lavinia approached the protesters and agreed to initiate an independent Investigation.

However on 22 October, the victim, Nuwan, succumbed to his overwhelming injuries while still under treatment at the Intensive Care Unit of NHSL.

Relatives feel that this is a very clear case of murder of Nuwan by the four suspects, Malshika, Janith, Janithu and Ishani Shehara all residents of Joseph Place of Moratuwa. And they had informed the Police about the crime, with names of the responsible suspects, allegedly committing the crime. It is the responsibility of the Police to investigate a crime, arrest the responsible suspects, report the case to the Magistrate and finally initiate prosecution against the criminals. Due to the inefficient methods and unlawful actions of the Police, the family has been deprived of the justice due them.

Investigating crimes, trying suspects in Open Courts, following international norms and standards are accepted parameters for any vibrant democracy, which respects the Rule of Law. Nuwan’s relatives know their fundamental human rights and civil liberties and seek JUSTICE against these four culprits and the corrupt Police Officers who accepted bribes.

Suggested Action:

Please send letters to the Authorities listed below expressing your concern about this case. Request an immediate investigation into: 1. the allegations of refusing to investigate the case of murder by Police perpetrators; 2. the prosecution of those proven to be responsible under the criminal law of Sri Lanka for misusing the powers of the State; 3. the Officers involved being subject to an internal investigation for breach of Police Departmental orders; 4. the request to the National Police Commission and the Inspector General of Police to open a special Investigation into the malpractices of Police Officers abusing their powers.

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