Dear friends,
Mr. RHMPB Udangamuwa of Kobbakkaduwa, Yahaletenna in the Kandy District is the Coroner at the Peradeniya Teaching Hospital. While attempting to conduct his professional duties he was prevented from doing so by officers of the Peradeniya Botanical Gardens. He made complaints to the Peradeniya Police Station and a case was filed in the Kandy Magistrate’ Court which was later discharged by the order of the Attorney General. He claims that the higher state officials have taken no action on his complaint thereby denying his justice.
CASE NARRATIVE:
Mr. RHMPB Udangamuwa of Kobbakkaduwa, Yahaletenna in the Kandy District is the Coroner at the Peradeniya Teaching Hospital. On the 15 August 2012, the Headquarters Police Station of Kandy received a complaint about a body floating in the Mahaweli River close to the Peradeniya Botanical Gardens.
Officers attached to the Headquarters Police Station informed Mr. Udangamuwa to conduct his duties regarding the inspection of the body to ascertain the possible cause of death. Following the request he duly arrived at the scene to conduct inspection along with the police officers.
While Mr. Udangamuwa and police officers were present at the scene the Director of the Peradeniya Botanical Gardens, Dr. Wijesundara and his assistant Achala Subashini Atthanayake obstructed the officers in the official duties of the Coroner and the police.
Dr.Wijesundara ordered the officers including the Coroner not to place the body in their premises for the postmortem examination. As the body was still floating and there would be the possibility that it would drift away the Coroner ordered the officer to tie the dead body to a tree on the river bank.
Mr. Udangamuwa made a complaint to the Peradeniya Police Station with the reference of B/ 21601/2012, regarding the obstruction to the official duties of the officers and himself. He further requested the police officers to inform the Magistrate of Kandy on the development of the situation.
Then the Magistrate’s intern called Dr. Wijesundara and Achala Subashini Atthanayake asking them to explain their reasons for obstructing the investigation. After considering their submissions the Magistrate instructed the police to proceed with the investigation while ordering the two persons from the Peradeniya Botanical Gardens to be released on personal bail of Rs 50,000 each and a case was scheduled to be called on the 22 November 2012.
However, later Mr. Udangamuwa learned that in the meantime the Attorney General’s Department issued an order to the Deputy Inspector General (DIG) Kandy and to the Senior Superintendent of Police (SSP) Kandy to withdraw all reports made to the courts against both suspects, Dr. Wijesundara and Achala Subashini Attanayake. Further Attorney General’s Department has requested the Magistrate to discharge them within 14 days without an inquiry and report to the Attorney General’s Department.
Immediately after this report the Magistrate called the case on 8 November to release the suspects in open court.
The reason for the order of the Attorney General was not shown in any of his written requests to the police or the court. Mr. Udangamuwa believes that the order to release Dr. Wijesundara and his assistant was because of undue influence of a higher ranking politician. He further leaned that Dr. Wijewardana apart from his duties at Peradeniya Botanical Garden is in charge of the maintenance of the gardens belonging to the Prime Minister and the President.
Hence Mr Udangamuwa feels that his complaint has been nullified by the AG on personal grounds and therefore his rights to have an impartial investigation and thereby receive justice have been violated.
Mr. Udangamuwa states that his complaints were not investigated and the relevant officers and authorities are responsible for breaching the law by not prosecuting Dr. Wijesundara and Achala Subashini Atthanayake. He states that those illegal actions were due to the undue influence of political power. Mr. Udangamuwa is now in fear of his profession and his life as he would be subjected to revenge taking by the two person involved as he complained against them and wanted to proceed in accordance to the law. Mr. Udangamuwa states that his rights guaranteed by the constitution for equal treatment before the law have been violated by officers of the state. Mr. Udangamuwa seeks justice for this violation of his rights.
ADDITIONAL COMMENTS:
The Asian Human Rights Commission has reported innumerable cases of malpractices by the Sri Lankan state’s officers including many of its law enforcement agencies. These actions which are illegal under international and local law which have taken place at different institutions of the state in the country over the past few years.
The Public Service Commission (PSC) and the National Police Commission (NPC) is vested with powers to supervise the discipline of the state officers and police officers of their departments respectively. The Attorney General of Sri Lanka is suppose to file indictments in the case where credible evidence were found on serious crimes and in other cases advice the police to investigate and file cases in respective courts.
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 deny justice by the state officers and the prosecution of those proven to be responsible under the criminal law of the country for misusing powers of a state. Further, please also request the PSC to have a special investigation into the malpractices of the state officers for abusing the state officers’ powers.
To support this case, please click here: SEND APPEAL LETTER
SAMPLE LETTER
Dear ________,
SRI LANKA: The Coroner of Kandy was denied justice due to political influence
Name of the victim: Mr. RHMPB Udangamuwa of Kobbakkaduwa, Yahaletenna in the Kandy District
Alleged perpetrators: Officers attached to the Attorney General's Department
Date of incident: 8 November 2012
Place of incident: Kandy police division
I am writing to express my serious concern over the case of Mr. RHMPB Udangamuwa of Kobbakkaduwa, Yahaletenna in the Kandy District is the Coroner at the Peradeniya Teaching Hospital.
On the 15 August 2012, the Headquarters Police Station of Kandy received a complaint about a body floating in the Mahaweli River close to the Peradeniya Botanical Gardens.
Officers attached to the Headquarters Police Station informed Mr. Udangamuwa to conduct his duties regarding the inspection of the body to ascertain the possible cause of death. Following the request he duly arrived at the scene to conduct inspection along with the police officers.
While Mr. Udangamuwa and police officers were present at the scene the Director of the Peradeniya Botanical Gardens, Dr. Wijesundara and his assistant Achala Subashini Atthanayake obstructed the officers in the official duties of the Coroner and the police. Dr.Wijesundara ordered the officers including the Coroner not to place the body in their premises for the postmortem examination. As the body was still floating and there would be the possibility that it would drift away the Coroner ordered the officer to tie the dead body to a tree on the river bank.
Mr. Udangamuwa made a complaint to the Peradeniya Police Station with the reference of B/ 21601/2012, regarding the obstruction to the official duties of the officers and himself. He further requested the police officers to inform the Magistrate of Kandy on the development of the situation.
Then the Magistrate's intern called Dr. Wijesundara and Achala Subashini Atthanayake asking them to explain their reasons for obstructing the investigation. After considering their submissions the Magistrate instructed the police to proceed with the investigation while ordering the two persons from the Peradeniya Botanical Gardens to be released on personal bail of Rs 50,000 each and a case was scheduled to be called on the 22 November 2012.
However, later Mr. Udangamuwa learned that in the meantime the Attorney General's Department issued an order to the Deputy Inspector General (DIG) Kandy and to the Senior Superintendent of Police (SSP) Kandy to withdraw all reports made to the courts against both suspects, Dr. Wijesundara and Achala Subashini Attanayake. Further Attorney General's Department has requested the Magistrate to discharge them within 14 days without an inquiry and report to the Attorney General's Department. Immediately after this report the Magistrate called the case on 8 November to release the suspects in open court.
The reason for the order of the Attorney General was not shown in any of his written requests to the police or the court. Mr. Udangamuwa believes that the order to release Dr. Wijesundara and his assistant was because of undue influence of a higher ranking politician. He further leaned that Dr. Wijewardana apart from his duties at Peradeniya Botanical Garden is in charge of the maintenance of the gardens belonging to the Prime Minister and the President.
Hence Mr Udangamuwa feels that his complaint has been nullified by the AG on personal grounds and therefore his rights to have an impartial investigation and thereby receive justice have been violated.
Mr. Udangamuwa states that his complaints were not investigated and the relevant officers and authorities are responsible for breaching the law by not prosecuting Dr. Wijesundara and Achala Subashini Atthanayake. He states that those illegal actions were due to the undue influence of political power. Mr. Udangamuwa is now in fear of his profession and his life as he would be subjected to revenge taking by the two persons involved as he complained against them and wanted to proceed in accordance to the law. He states that his rights guaranteed by the constitution for equal treatment before the law have been violated by officers of the state. Mr. Udangamuwa seeks justice for this violation of his rights.
Mr. Udangamuwa states that though he made a complained to the police the officers have taken no steps to provide justice to him. He further states that the police state's officers are reluctant to take action against government's senior departmental officers. So he believed that legal redress is being denied by these officers and other law enforcement agencies of the state. He urges the relevant authorities of the state to fulfill the legal obligations and provide a remedy so that he can enjoy his fundamental rights guaranteed by the Constitution of the country.
I therefore request your urgent intervention to ensure that the authorities listed below instigate an immediate investigation into the allegations of deny justice by the state's perpetrators, and the prosecution of those proven to be responsible under the criminal law of the country for misusing powers of state officers.
Yours sincerely,
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PLEASE SEND YOUR LETTERS TO:
1. Mr. N K Illangakoon
Acting Inspector General of Police
New Secretariat
Colombo 1
SRI LANKA
Fax: +94 11 2 440440 / 327877
E-mail: igp@police.lk
2. Mr. Sarath Palitha Fernando
Attorney General
Attorney General's Department
Colombo 12
SRI LANKA
Fax: +94 11 2 436421
E-mail: ag@attorneygeneral.gov.lk
3. Secretary
National Police Commission
3rd Floor, Rotunda Towers
109 Galle Road
Colombo 03
SRI LANKA
Tel: +94 11 2 395310
Fax: +94 11 2 395867
E-mail: npcgen@sltnet.lk or polcom@sltnet.lk
4. Secretary
Sri Lanka Human Rights Commission
No: 165 Kynsey Road,
Borella, Colombo 8.
SRI LANKA
Fax: +94 11 2694924
E-mail: sechrc@sltnet.lk
Thank you.
Urgent Appeals Programme
Asian Human Rights Commission (ua@ahrc.asia)
