SRI LANKA: A young man is under constant threat by the Officer-in-Charge of the Thambuththegama Police 

Dear friends,

The Asian Human Rights Commission (AHRC) has received information that Mr. Porawakara Arachchilage Pramesh is being harassed by officers of the Thambuththegama Police Station because he assisted a friend to file a fundamental rights application. The Officer-in-Charge of that station has personally threatened Pramesh with arrest and false charges if he continues his present actions. This case is yet another illustration of the exceptional collapse of the rule of law in the country.

CASE NARRATIVE:

According to the information the Asian Human Rights Commission received Mr. Porawakara Arachchilage Pramesh (34) of 4 Yaya, Rajanganaya in Anuradhapura District is a businessman by profession.

Pramesh assisted one of his friends, Thusitha Rathnayaka, who lives in same village and who was subjected to illegal arrest, detention, cruel assault and torture for a crime that he did not commit in May 2012.

On 28 of May two police officers from the Thambuththegama Police Station, arrested Thusitha Rathnayaka who was accused of stealing a necklace. He was then brutally assaulted by police officers attached to the Thambuththegama Police Station.

Thusitha Rathnayaka is a simple person and did not have sufficient knowledge about the law to take legal action against the police officers. It was Pramesh who helped Thusitha to make an application to the courts on the basis that his fundamental rights were violated by the police officers. In the application Thusitha named the Officer-in-Charge of the Thambuththegama Police Station as one of the respondents.

Pramesh later learned that the OIC considered his assistance to Thusitha as an attempt to blur his reputation.

On 21 June, 2012, while the OIC was visiting a nearby house, he threatened Pramesh saying that he was doing wrong things and told him to be careful. The OIC further threatened Pramesh that if he continued to annoy him he would be surely jailed for possession of a bomb. The OIC also said that he would kill ‘Chutta’. (Here ‘Chutta’ refers to Pramesh as this was his nickname by the villagers who respected him).

Pramesh learned that the OIC had mentioned to someone that he was getting ready to illegally arrest Pramesh and wanted to produce him before a Magistrate falsely accusing him for illegal possession of fire arms.

On 12, September, 2012, P.A. Pradeep, Pramesh’s his elder brother, was arrested and accused for breaching the peace by police officers attached to the Thambuththegama Police Station.

On 13 September, 2012, he was taken to court and remanded into custody under several other charges which he vehemently denied and complained that the officers illegally arrested, detained and falsely prosecuted him to take revenge on Pramesh.

While all this was taking place, Pramesh and his other brother, Prasad, were threatened again that they would be taken into custody and charged with possession of arms or drugs. One of Pramesh’s friends, Laleendra, was told by OIC that it was useless for Chutta to go before trial because he intended to break his legs and arms.

On several occasions callers who identified themselves as police officers attached to the Thambuththegama Police Station constantly called Pramesh and warned him that if he did not withdraw the case filed by Thusitha against the police officers they would take serous action against him. They further informed him that if he followed their orders the threats from the OIC would cease.

Pramesh states that there is a imminent threat of illegal arrest and detention and torture by the police officers attached to the Thambuththegama Police Station. He further states that there is an imminent threat to his life by the same police officers. He believes that the police are taking this action as he helped his friend to get legal redress for his rights violation under provisions of the constitution of the country. Pramesh states that he has never committed any crime and presently he is in fear of being subjected to illegal prosecution by the police officers.

e has complained to the Human Rights Commission of Sri Lanka (HRCSL), Inspector General of Police (IGP), Assistant Superintendent of Police (ASP), Senior Superintendent of Police (SSP) of the area, the Officer in Charge of the Police Station of Thambuththegama and Attorney General (AG) seeking the justice for his rights violations. None of these authorities have not yet initiated any credible investigation in the incident. Pramesh appeals for justice.

ADDITIONAL COMMENTS:

The Asian Human Rights Commission has reported innumerable cases of torturing innocent by the Sri Lankan police which are illegal under international and local law which have taken place at different Police Station in the country over the past few years.

The State of Sri Lanka sign and ratified the CAT on 3 January 1994. Following state obligations Sri Lanka adopted Act number 22 of 1994 the law adopted by the Sri Lankan parliament making torture a crime that can be punishable for minimum seven years and not less than ten years on being proven guilty. The Attorney General of Sri Lanka is suppose to file indictments in the case where credible evidence were found on torturing people by state officers.

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 imminent threat of illegal arrest, illegal detention, torturing by the police perpetrators, and the prosecution of those proven to be responsible under the criminal law of the country for misusing powers of a state. The officers involved must also be subjected to internal investigations for the breach of the department orders as issued by the police department. Further, please also request the NPC and the IGP to have a special investigation into the malpractices of the police officers for abusing the state officers’ powers.

Please note that the AHRC has also written a separate letter to the Special Rapporteur on Torture and other Cruel, Inhuman or Degrading Treatment or Punishment on this regard.

 

 

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