Dear friends,
The Asian Human Rights Commission (AHRC) has come to learn of a case involving the alleged torture and extra-judicial killing of a father and son by the Weligama Police. Despite years having now passed since their suspicious deaths, little action has been taken by the authorities to properly investigate this matter, and consequently no person has been held accountable for the crimes committed against the two victims.
A.H. Ariyadasa was a fisherman by occupation. According to his wife, Kamala Mallika in 1999 there were groups of people in their area who went about demanding protection money from businessmen and other traders. She said that if these demands were not met the local Mafia would create trouble for those who refused.
Apparently this local Mafia had also demanded payment from Mr. Ariyadasa and his sons, but they had refused to pay up and instead chased the group members away. In October 1999 A.H. Ariyadsa was arrested by the Weligama police and taken to the police station where, it is alleged, he was brutally tortured and then killed. Later, the police allegedly colluded with the medical profession at the Matara hospital to conceal the truth about the victims death. Ms. Mallika believes that her husbands unwillingness and failure to pay the local Mafia the money they were demanding was the main reason for her husbands arrest, torture and eventual killing by the Weligama police (who she believes were in direct collusion with the mafia and thus resented her husbands refusal to pay-up).
Suspecting foul play in her husbands death Ms. Mallika was persistent in petitioning the Magistrates Court in Matara to examine the case. Thereafter the court ordered the exhumation of the body and requested for it to be sent for autopsy at the Karapitiya Hospital. Upon examination, it was concluded that the death was due to assault by blunt weapons.
Currently Ms. Mallika is still unaware of the status of the case before the Matara Magistrates court while the police are refusing to afford her any details regarding the matter.
Then, on 24 October 2002, Ms. Mallikas son, A.H. Sudath was also arrestedthis time by the Wanathavillawa police. His mother was unaware of the reason for his arrest but according to her, the Wanathavillawa and Weligama police joined together to severely assault him, falsely charge and to get him remanded. Two months after his arrest, on 7 December 2002, Sudath died in prison. When a medical examination was conducted on his body, the Judicial Medical Officer (JMO) clearly found that assault with a blunt weapon had resulted in his death.
According to Ms. Mallika no satisfactory investigation or inquiry has been conducted into the death of either her husband or son. She also says that not only are the perpetrators freely roaming about in the area but they are constantly threatening members of her family with death or fabrication of charges if they continue to make trouble for the police.
Though she has complained to the Matara branch of the Human Rights Commission, no investigation or inquiry has been held by the institution. Thus, some seven years after her husbands murder and more than three years after her sons, Ms. Maillkia is no closer to finding the truth behind their deaths or bringing justice to the perpetrators of these crimes.
SUGGESTED ACTION:
Please write to the relevant authorities, as listed below, seeking their intervention in this matter. The alleged torture and extra-judicial killings of both the father and son must be investigated into at once and charges laid against anyone deemed responsible for the crimes committed against them. Once the investigation is launched the case must be given an official number so that Ms. Mallika can obtain copies of the court proceedings and follow any developments in the case. Further, once the investigation commences, and should Ms. Mallika request it, full and adequate protection must be provided to her. The investigation should also inquire into why it was that the police did not pursue either case, despite medical reports clearly stating that suspicious circumstances surrounded both deaths, and why the Human Rights Commission of Sri Lanka ignored Ms. Mallikas complaint. Should the perpetrators be found guilty in court, full legal action must be taken against them and compensation must be provided to Ms. Mallika.
To support this case, please click here: SEND APPEAL LETTER
SAMPLE LETTER
Dear _______________,
SRI LANKA: Weligama Police implicated in the torture and killing of a father and son
Name of victims/deceased: Ariyadasa (49) and A.H. Sudath Udaya Kumara (29) of Palana Weligama.
Name of complainant: Ms. Kamala Mallika (widow of AH Ariyadasa and mother of Sudath
Name of alleged perpetrators: Policemen attached to the Weligama police station.
Dates of incident: Ariyadasa was arrested, detained and died in October 1999. His son Sudath was arrested on 24 October 2002 and died on 7 December 2002.
I have recently learned of a case involving the alleged torture and extra-judicial killing of a father and son by the Weligama Police. Despite years having now passed since their suspicious deaths, little action has been taken by the authorities to properly investigate this matter, and consequently no person has been held accountable for the crimes committed against the two victims. Such a response to the two deaths is entirely unacceptable and should be corrected without delay.
According to the information that I have received, A.H. Ariyadasa was a fisherman by occupation whose sons were also involved in the business. According to his wife, Kamala Mallika in 1999 there were groups of people in their area who went about demanding protection money from businessmen and other traders. She said that if these demands were not met the local Mafia would create trouble for those who refused.
Apparently this local Mafia had also been demanding payment from Mr. Ariyadasa and his sons, but they had refused to pay up and instead chased the group members away. In October 1999 A.H. Ariyadsa was arrested by the Weligama police and taken to the police station where, it is alleged, he was brutally tortured and then killed. Later, the police allegedly colluded with the medical professional at the Matara hospital to conceal the truth about the victims death. Ms. Mallika believes that her husbands unwillingness and failure to pay the local Mafia the money they were demanding was the main reason for her husbands arrest, torture and eventual killing by the Weligama police (who she believes were in direct collusion with the mafia and thus resented her husbands refusal to pay-up).
Suspecting foul play in her husbands death Ms. Mallika was persistent in petitioning the Magistrates Court in Matara to examine the case. Thereafter the court ordered the exhumation of the body and requested for it to be sent for autopsy at the Karapitiya Hospital. Upon examination, it was concluded that the death was due to assault by blunt weapons.
Currently Ms. Mallika is still unaware of the status of the case before the Matara Magistrates court regarding her husbands death while the police are refusing to afford her any details on the matter.
Then, on 24 October 2002, Ms. Mallikas son, A.H. Sudath was also arrestedthis time by the Wanathavillawa police. His mother was unaware of the reason for his arrest but according to her, the Wanathavillawa and Weligama police joined together to severely assault him, falsely charge him and to get him remanded. Two months after his arrest, on 7 December 2002, Sudath died in prison. When a medical examination was conducted on his body, the Judicial Medical Officer (JMO) clearly found that assault with a blunt weapon had brought about his death.
According to Ms. Mallika to date no satisfactory investigation or inquiry has been conducted into the death of either her husband or son. She also says that not only are the perpetrators freely roaming about in the area but they are constantly threatening members of her family with death or fabrication of charges if they continue to make trouble for the police.
Though she has complained to the Matara branch of the Human Rights Commission, no investigation or inquiry has been held by the institution. Thus, some seven years after her husbands murder and more than three years after her sons, Ms. Maillkia is no closer to finding the truth behind their deaths or bringing justice to the perpetrators of these crimes.
I am sure you will agree that this situation is in urgent need of intervention. The alleged torture and extra-judicial killings of both the father and son must be investigated into at once and charges laid against anyone deemed responsible for the crimes committed against them. Once the investigation is launched the case must be given an official number so that Ms. Mallika can obtain copies of the court proceedings and follow any developments in the case. Further, once the investigation commences, and should Ms. Mallika request it, full and adequate protection must be provided to her--this is particularly important given that threats have already been directed at her and her family. The investigation should also inquire into why it was that the police did not pursue either case, despite medical reports clearly stating that suspicious circumstances surrounded both deaths, and why the Human Rights Commission of Sri Lanka ignored Ms. Mallikas complaint. Should the perpetrators be found guilty in court, full legal action must be taken against them and compensation must be provided to Ms. Mallika.
Given the prolonged delay in bringing justice to this case, I trust that your intervention will occur immediately.
Yours sincerely,
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PLEASE SEND YOUR LETTERS TO:
1. Mr. K. C. Kamalasabesan
Attorney General
Attorney General's Department
Colombo 12
SRI LANKA
Fax: +94 11 2 436421
2. Mr. Chandra Fernando
Inspector General of Police (IGP)
New Secretariat
Colombo 1
SRI LANKA
Fax: +94 11 2 440440/327877
3. 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
4. Mr. J Thangawelu
DIG Legal
Police Headquarters
Colombo 1
SRI LANKA
Fax: 94 11 2381 394
Email: legaldiv@police.lk
5. 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: polcom@sltnet.lk
6. Mr. Mahinda Rajapakse
President
Socialist Democratic Republic of Sri Lanka
C/- Office of the President
Temple Trees
150, Galle Road
Colombo 3
SRI LANKA
Fax: +94 11 2472100 / +94 11 2446657 (this is contact for Secretary to President)
Email: secretary@presidentsoffice.lk
7. Prof. Manfred Nowak
Special Rapporteur on the Question of Torture
Attn: Mr. Safir Syed
C/o OHCHR-UNOG
1211 Geneva 10
SWITZERLAND
Tel: +41 22 917 9230
Fax: +41 22 917 9016 (general)
E-mail: ssyed@ohchr.org
8. Mr. Philip Alston
Special Rapporteur on Extra-judicial, Summary, or Arbitrary Executions
Atten: Lydie Ventre
Room 3-016, c/o OHCHR-UNOG
1211 Geneva 10
SWITZERLAND
Tel: +41 22 917 9155
Fax: +41 22 917 9006 (general)
Email: lventre@ohchr.org
Thank you.
Urgent Appeal Programme
Asian Human Rights Commission (ahrchk@ahrchk.org)
