Dear friends,
The Asian Human Rights Commission (AHRC) has received updated information regarding the case of Ms. Victory-hamy, who was illegally taken into custody, forced to sign a document, put her fingerprints in evidence in February 2007 and (See further: UA-140-2007), was finally charged for manufacturing illegal liquor. In January this year, she was freed of all charges pending against her for about two years.
UPDATED INFORMATION:
On January 28, 2009, Ms. Wickramasinghe Alugolla Appuhamige Victory-hamy was acquitted by the Magistarte court of Putlam where she was charged of being in possession of illicit liquor. She was charged by the Excise officers of Putlam who were allegedly instigated by a local illicit liquor manufacturer named Keerthi. It is reported that her prosecution was begun because Ms. Victory-hamy had made several complaints at the police station about the manufacturer’s illegal activities.
Based on the complaint by Ms. Victory-hamy, the National Human Rights Commission made inquiry into this matter but concluded that her rights were not violated (HRC/2403/ I(III)).
On February 18, she sent a written complaint again to the Secretary of the Human Rights Commission, Inspector General of Police, Commissioner General of Excise Department specially mentioning her acquittal and requesting that due legal action be taken against the offending Excise Department officers.
BACKGROUND INFORMATION:
Ms. Wickramasinghe Alugolla Appuhamige Victory-hamy, 66, was arrested by Puttalam police who were allegedly connected to an illicit liquor merchandiser in 2007. She was illegally taken into police custody after she made a complaint against the merchandiser. In the police station, she was forced to sign a document and place her fingerprints on bottles that had been used for charges against her to the Puttlam court. (For details: UA-140-2007)
SUGGESTED ACTION:
Please write letters to the authorities listed below, expressing your concerns and urging them to investigate this case so that those responsible can be prosecuted and punished according to the law.
Please be informed that the AHRC has also written separate letter to the UN Special Rapporteur on question of torture calling for intervention in this matter.
To support this case, please click here: SEND APPEAL LETTER
SAMPLE LETTER
Dear ___________,
SRI LANKA: Legal action to be taken against officers responsible for fabricating evidence
Name of victim: Mrs. Wickramasinghe Alugolla Appuhamige Victory-hamy, aged 66, married with 6 children, residing in East Vijepura, Wanathavilluwa, Sri Lanka
Name of alleged perpetrators: Officer-in-Charge of the Excise Department-Putlam and other officers responsible
Date of incident: 22 February 2007
I am writing to express my concern about the illegal arrest, ill-treatment and fabrication of a case against sixty-six year old Mrs. Wickramasinghe Alugolla Appuhamige Victory-hamy, a resident of Wanathayilluwa, by officers of the Excise Department Putlam on February 22, 2007.
According to updated information received, even though she had sent her complaints to several authorities including the Officer-in-Charge of the Wanathavilluwa police station and Inspector General of Police, she never received a response from the authorities. Later, the Human Rights Commission however made inquiry into the matter but concluded that her rights were not violated. (HRC/2403/I(III)
Contrary to the decision of the human rights commission, Magistrate court of Putlam found her not guilty of the allegations made against her by a person producing illegal liquor and allegedly collaborating with officers belonging to the Excise Department Putlam.
Like other cases, her case was that officers entered her premises without a court warrant and harassed, threatened and dragged her into their jeep where she was not released until she affixed her fingerprints on some empty cans they produced. Then, she was forced to sign some documents which were not explained to her and which she was not allowed to read.
I urge you to investigate this case based on her complaint so that those responsible for ill-treatment and fabrication of evidence are properly prosecuted and punished in accordance with the law. I further urge that the National Human Rights Commission reopen this case for investigation and provide full details of the investigative process to the victim. If they again deny her, the reason for the decision must be fully provided to the victim.
Yours sincerely,
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PLEASE SEND YOUR LETTERS TO:
1. Commissioner General
Excise Department
Colombo
SRI LANKA
Fax: +94 11 2 300165
E-mail: excisen@slt.lk
2. Mr. Mohan Peris
Attorney General
Attorney General’s Department
Colombo 12
SRI LANKA
Fax: +94 11 2 436421
E-mail: ag@attorneygeneral.gov.lk
3. Inspector General of Police
New Secretariat
Colombo 1
SRI LANKA
Fax: +94 11 2 440440/327877
E-mail: igp@police.lk
4. Secretary
National Human Rights Commission
No. 36, Kynsey Road
Colombo 8
SRI LANKA
Fax: +94 11 2 694 924 / 696 470
E-mail: sechrc@sltnet.lk
Yours sincerely,
Thank you.
Urgent Appeals Programme
Asian Human Rights Commission (ua@ahrc.asia)
