SRI LANKA: Widow of two children denied justice by the Thalathuoya Police Station

Dear friends,

Ms. E M Premawathi (53) is a widow and the mother of two children. She resides at Alikewela, Heagedara, Marassana in the Kandy District. Premawathi learned that her Brother-in-Law has provided fraudulent documentation showing that he is the lawful owner of the land and house in which she and her teenage daughters reside. She has made numerous complaints to the Thalathuoya Police Station but as is common in Sri Lanka no action has been taken due to the influence of the landgrabber.

CASE NARRATIVE:

According to the information that the Asian Human Rights Commission (AHRC) has received Ms. E. M. Premawathi (53) of Alikewela, Heagedara, Marassana in the Kandy District is married and has twin daughters aged 14 who are studying in year 8.

Her husband R.M Senevirathna died of a spinal infection in 2009. Premawathi being a widow was living in a small house that was built with the assistance of the government’s welfare scheme, ‘Samurdhi’ in 2010. Premawathi and her children live with the financial assistance granted by her relatives.

Premawathi learned that her Brother-in-Law, Mr. R.M. Muthubanda, who lives in the same village has produced fraudulent documents and ‘deed’ that shows that the land and the house in which Premawathi and her children reside belongs to him. Further she learned that in that document he has claimed that he is the owner of the land.

Premawathi decided to make a complaint to the Thalathuoya police. In her complaint she clearly named the person who is involved with the preparation of the fraudulent documents to the police. She further asked the police to investigate the crime and arrest and bring the culprits to the justice.

However, Premawathi learned that the police did not take any action on her complaint as Brother -in-Law is an influential person and is making use of the police against Premawathi.

Premawathi has made several complaints to the Thalathuoya Police Station. These are: 2011-07-07/CIB I 23/69, 2011-07-08-/CIBI23/69, 2011-07-28-/CIBI9/320, 2011-09-07/CIBI22/81, 2011-09-25/CIBI122/328, 2011-10-09/CIBI390/107 and 2011-10-14/CIB3149/153.

However no proper investigation has been conducted and Premawathi was asked by the police to file a private suit against her Brother-in-law.

When Premawathi consulted her lawyer he wanted copies of the complaint. However, the police officers refused to provide them and because of this, Premawathi is unable to file action in court. Further the police officers named, who have been identified as Kalpage, Mettananda and Gunatilake of the Thalathuoya Police Station threatened Premawathi not to seek legal remedies.

Instead of taking action on her behalf the officers, in a surprise move filed 2 cases against Premawathi for trespass and causing trouble. She was called before the Primary Court of Kandy and ordered to sign a good behaviour bond, swearing to behave peacefully in the future. The case number is 43019 in the Primary Court of Kandy. 

Premawathi believes that the police officers have been bribed or offered advantages by Muthubanda. This is a common occurrence in Sri Lanka where frequently the underprivileged are trampled on by the influential. She therefore calls for justice to ensure her Rights.

Ms. Premawathi states that though she made a complained to the police the officers have taken no steps to provide justice to her. She states that the police officers at the Thalathuoya Police Station in Kandy are reluctant to take action against perpetrator as they under his influence. She believed that her legal redress is being denied by these officers.

She urges the relevant authorities of the state to fulfill the legal obligations and provide a remedy so that she can enjoy her fundamental rights guaranteed by the Constitution of the country.

ADDITIONAL COMMENTS:

The Asian Human Rights Commission has reported innumerable cases of malpractices 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 National Police Commission (NPC) is vested with powers to supervise the discipline of the police officers of the department. 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 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.

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