Dear friends,
The Asian Human Rights Commission (AHRC) is writing to inform you that a young woman was arrested and charged with theft without proper police investigation or concrete evidence against her. Ms. Paththiyadva Amali Chandrika Gunawardena (21) is arrested by the police based on a neighbour’s complaint, but no other investigation was carried out before the arrest. During the police interrogation, Ms. Gunawardena was even forced to sign a statement prepared by the police. She was then produced in court and charged with theft.
CASE DETAILS:
On 7 February 2007, Ms Paththiyadva Amali Chandrika Gunawardena was requested to present herself for an inquiry at the Karandeniya police station, Elpitiya distirct II, Elpitiya division, Sri Lanka. She went to the police station with her mother at about 8:00am. There Ms. Gunawardena found out that Ms. Ariyawathi, who lives her village, made a complaint against her, claiming that she broke into her home and stole some goods. Ms. Gunawardena denied such accusation.
Inspector Manjula then sent Ms. Gunawardena to the officer-in-charge (OIC), who allegedly verbally abused her. Ms. Gunawardena was then taken into custody by an officer named Thuduwage. At about 3:00pm, the police prepared a statement, which she was not allowed to read and allegedly forced Ms. Gunawardena to sign it.
At around 3:15pm, Ms. Gunawardena was then produced before the Balapitiya Magistrates’ Court by the inspector Manjula and another police officer. She was charged under case no. 91247 for stealing goods of Rs 96,000 (USD 923). She was then bailed out by her parents with the help of a lawyer.
Ms. Gunawardena claims that no stolen goods have been found in her residence but the Karandeniya police filed a case against her without conducting any proper investigation to find concrete evidence about the case. She further claims that the case against her was fabricated on the instigation of Ms. Ariyawathi, whose son-in law Sunanda works in the Karandeniya police station. She added that two other villagers were accused by Ms. Ariyawathi but later were found innocent and released by court.
The AHRC is deeply concerned by an improper police investigation shown in this case. If there is any complaint against Ms. Gunawardena, the police should have properly conducted an investigation into the matter; for example visiting Ms. Gunawardena’s house to locate the alleged stolen goods and collecting the statements from the witnesses concerned as well as the sufficient evidence to prove Ms. Gunawardena’s guilty. However, the Karandeniya police simply forced Ms. Gunawardena to sign in the statement prepared by them on the very day she came to the police station and immediately produced her before the magistrate, without conducting any proper investigation. Such manner of the police cannot be justified in any circumstances and in fact it seriously violates the right to security of Ms. Gunawardena, one of the fundamental rights guaranteed in the Constitution of Sri Lanka as well as the International Covenant for Civil and Political Rights (ICCPR), to which Sri Lanka is a state party.
SUGGESTED ACTION:
Please write to the following authorities, and urge them to conduct a proper investigation into the alleged case against the victim. If no sufficient evidence is found against the victim, the charges against her should be withdrawn immediately. Please also urge them to inquire about the improper manner of the police investigation into this case and the alleged nexus between the Karandeniya police and the complainant. If such allegations are proved, strong disciplinary/legal action should be taken against the police officers concerned.
To support this case, please click here: SEND APPEAL LETTER
SAMPLE LETTER
Dear __________,
SRI LANKA: Improper police investigation led a theft case against one woman without any concrete evidence
Name of the victim: Ms. Paththiyadva Amali Chandrika Gunawardena, aged 21
Alleged perpetrators:
1. Officer-in-Charge (OIC) of the Karandeniya police station
2. Inspector Manjula of the Karandeniya police station
Date of incident: 7 February 2007
Place of incident: Karandeniya police station in Elpitiya distirct II, Elpitiya division, Sri Lanka
I am writing to express my concerns that a young woman was arrested and charged with theft without proper police investigation or concrete evidence against her. Ms. Paththiyadva Amali Chandrika Gunawardena (21) is arrested by the police based on a neighbour’s complaint, but no other investigation was carried out before the arrest. During the police interrogation, Ms. Gunawardena was even threatened to sign a statement prepared by the police. She was then produced in court and charged with theft.
I learn that on 7 February 2007, Ms. Gunawardena was requested to present herself for an inquiry at the Karandeniya police. She went to the police station with her mother at about 8 a.m. There she found out that Ariyawathi, who lived her village, made a complaint against her, claiming that Ms. Gunawardena broke into her home and stole some goods. The victim denied such accusations.
I am informed that the victim was then sent to the officer in charge, who verbally abused her. She was then taken into custody by an officer named Thuduwage. At about 3p.m., the police prepared a statement, which she was not allowed to read and allegedly threatened Ms. Gunawardena to sign it.
At around 3:15pm, Ms Gunawardena was then produced before the Balapitiya Magistrates court by the inspector Manjula and another officer. She was charged under case no. 91247 for stealing goods of Rs 96,000 (USD 923). She was bailed out by her parents with the aid of a lawyer.
I am also informed that, Ms. Gunawardena claims that no stolen goods have been found in her residence but the Karandeniya police filed a case against her without conducting any proper investigation to find concrete evidence about the case. She further claims that the case against her was fabricated on the instigation of Ms. Ariyawathi, whose son-in law Sunanda works in the Karandeniya police station.
I am deeply concerned about the improper police investigation shown in this case. If there is any complaint against Ms. Gunawardena, the police should have properly conducted an investigation into the matter; for example visiting Ms. Gunawardena’s house to locate the alleged stolen goods and collecting the statements from the witnesses concerned as well as the sufficient evidence to prove Ms. Gunawardena’s guilty. However, the Karandeniya police simply forced Ms. Gunawardena to sign in the statement prepared by them on the very day she came to the police station and immediately produced her before the magistrate, without conducting any proper investigation. Such manner of the police cannot be justified in any circumstances and in fact it seriously violates the right to security of Ms. Gunawardena, one of the fundamental rights guaranteed in the Constitution of Sri Lanka as well as the International Covenant for Civil and Political Rights (ICCPR), to which Sri Lanka is a state party.
I therefore urge you to conduct a proper investigation into the alleged case against the victim. If no sufficient evidence is found, the charges against her should be withdrawn immediately.
I also urge you to launch an investigation to the improper manner of the police investigation into this case, and the alleged nexus between the Karandeniya police and the complainant. If such allegations are proved, strong disciplinary/legal action should be taken against the police officers concerned.
I look forward to your prompt and effective response in this matter.
Yours sincerely,
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PLEASE SEND YOUR LETTERS TO:
1. Mr. Victor Perera
Inspector General of Police
New Secretariat
Colombo 1
SRI LANKA
Fax: +94 11 2 440440/327877
E-mail: igp@police.lk
2. Mr. K. C. Kamalasabesan
Attorney General
Attorney General’s Department
Colombo 12
SRI LANKA
Fax: +94 11 2 436421
Email: attorney@sri.lanka.net
3. Mr. Neville Piyadigama
Chairperson
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
4. Secretary
Human Rights Commission of Sri Lanka
No. 36, Kynsey Road
Colombo 8
SRI LANKA
Tel: +94 11 2 694 925 / 673 806
Fax: +94 11 2 694 924 / 696 470
E-mail: sechrc@sltnet.lk
Thank you.
Urgent Appeals Programme
Asian Human Rights Commission (ahrchk@ahrchk.org)
