SRI LANKA: Another innocent is extrajudicially killed by officers of the Moratuwa Police

Dear friends, 

Mr. Kamaranga Hannadige Lalith Susantha Peiris (32), No: 80, Tsunami Housing Scheme, Modara, Moratuwa in the Colombo District was arrested and extrajudicially killed by police officers attached to the Moratuwa Headquarters Police Station. Several hours before the killing a police constable attached to the Police Guard Point, Modara in Moratuwa Police Division was injured while trying to settle a dispute between two parties. He later succumbed to his injuries. Following this a police team headed by the Officer-in-Charge (OIC) of the Headquarters Police Station of Moratuwa arrested Lalith and his brothers along with other persons. There have been too many incidents where suspects have died in the custody of the police and this is just one more in a very long list of extrajudicial killings by the Sri Lanka police. 

CASE NARRATIVE: 

According to the information that the Asian Human Rights Commission (AHRC) received Mr. Kamaranga Hannadige Lalith Susantha Peiris (32), No: 80, Tsunami Housing Scheme, Modara, Moratuwa in the Colombo District was arrested and extrajudicially killed by the police officers attached to the Moratuwa Headquarters Police Station on 3 October 2011. 

Lalith was arrested along with four of his brothers by a police team attached to the Criminal Branch of the Headquarters Police Station Moratuwa on 3 October 2011. The police team was commanded by the Officer-in-Charge (OIC) of the Crime Branch Inspector of Police (IP) Hettiarachchi. Then Lalith, his brothers, Jagath Nishantha Peiris, Sanath Nilantha Peiris, Ajith Prasanna Peiris were brought to the police station and detained. 

Later Lalith was brought to the Bolgoda River by a group of police officers, allegedly to show them where he had concealed a knife. According to the official police version he drowned while attempting to escape. 

Before Lalith’s death, several hours earlier in the morning of 3 October a police constable attached to the Police Guard Point Modara in Moratuwa Police Division was injured while trying to settle a dispute between two parties which arose in the Modara area. He later succumbed to his injuries. 

Following the officer’s death a police team headed by the Officer-in-Charge (OIC) of the Headquarters Police Station of Moratuwa arrested Lalith and his brothers along with other persons. Later the police announced that after the arrest they had brought Lalith to a location at one Islet in the Bolgoda River where he revealed that the sword and the large knife used in the killing was hidden by him. Then when they were bringing him back to the police station the deceased had committed suicide by jumping into the water. The police further claimed that before jumping into the water he attacked a police officer who was in the boat as well. 

It is normal that the Sri Lanka Police make these statements in the belief that no one can prove them wrong. However, in this case they may have gone too far. In their statement they admitted that Lalith was handcuffed during the entire incident. If this is truly the case then it is most suspicious that he managed to attack and cause harm to an officer while several other armed officers were observing the situation in a small boat. Even more suspicious is the fact that it is customary with ‘dangerous’ suspects to cuff their hands behind their back. This then makes the police claim that Lalith injured an officer even more preposterous. 

The Sri Lankan police have adopted a systematic practice of extrajudicially killing its citizens in the name of crime prevention. The innocent, even after arrest by the police, especially by the Special Task Force (STF) have been killed while in police custody. In a recent incident the police claimed that one suspect drowned while trying to escape their custody. They offered no explanation when it was pointed out to them that the ‘suspect’ had been a navy specialist and an expert swimmer. 

The prevention of crime is a one of the sacred and paramount duties of the any civilized state. According to the Constitution of the country the law enforcement authorities are bound to protect the right to life of the people and their constitutionally enshrined rights. Sri Lanka, while running the country with a democratic framework is bound to support the judiciary and impose the rule of law and protect the civil liberties of the people. The killing of civilians by police officers has become a peremptory norm in the country. For many years now there has been no command responsibility in the Sri Lanka police and it is the supervisory officers that should be held primarily responsible for the killings perpetrated by the officers under their command. 

ADDITIONAL COMMENTS: 

The Asian Human Rights Commission has reported innumerable cases of arbitrary arrest, detention, torture and extra judicial killings cases 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 few 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 extra judicial killings 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 and to the Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishments on this regard. 

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