SRI LANKA: Victim suffers from the inaction of the Panadura Police about his complaint 

Dear friends,

The Asian Human Rights Commission (AHRC) has received information that Halwitapaththinige Mahinda Perera (39) is suffering from the inaction of the Panadura police about his complaint which was made on 22 April 2004. The victim also alleges that the police attempted to hush up the case by withdrawing his complaint without his agreement. He further alleges that even though he was seriously injured by his two relatives, the Panadura police registered his case under minor injuries and referred it to the Conciliation Board.

Recently, the police have promised to renew the investigation into this case after a human rights organization intervened. No serious action, however, has yet been taken to correct this matter. Your urgent action is required to urge the local authorities to reopen this case and take appropriate action to deliver justice to the victim.

Urgent Appeals Desk
Asian Human Rights Commission (AHRC)
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DETAILED INFORMATION:

Name of victim: Halwitapaththinige Mahinda Perera, 39 years old, a driver, married with three children
Address of the victim: 12/3, Bekkegama, Panadura
Alleged perpetrators: Police officer Tennakoon attached to the Panadura Police Post

Case details:

On 21 April 2004, Halwitapaththinige Mahinda Perera (39) was brutally beaten with wooden poles by his two relatives, Kapila Manoj and Dilip Prasanna Malwathta, following an argument. Due to the assault, Mahinda Perera’s left arm and leg were fractured and he was admitted to the Panadura Hospital for 17 days. While he was in hospital, the police at the Panadura Hospital Police Post recorded his statement about the incident. He was transferred to the Colombo General Hospital on May 7 and received medical treatment until May 10.

Meantime, his wife lodged a complaint about the incident at the Panadura Police Post on April 22. Accordingly, Kapila Manoj and D. P. Malwathta were arrested by the police on April 26, but they were released on bail the next day.

On May 8, Mahinda Perera inquired at the Panadura Police Station about the exact date of the next hearing of his case. A police officer named Tennakoon told him however, that his case had already been withdrawn by his wife. Mahinda Perera was confused by the officer’s response and went to the crime branch to further inquire about his case. At the branch, he discovered that his case has been referred to the Conciliation Board. However, when he came back home, Mahinda Perera’s wife told him that she had not withdrawn the case.

Mahinda Perera has raised his suspicion about the police’s unusual attitude regarding his case. According to him, even though he was severely injured and is still wearing a plaster on his leg and arm, the police handed his case over to the minor injuries and referred it to the Conciliation Board. He also questions why the police arbitrarily withdrew his case without his agreement. He believes that there are some attempts to hush up his case. As he has been unable to work due to his serious injuries, his children cannot continue their education at school. Mahinda Perera is the only income earner in his family.

The latest update on this case is that the police promised to renew their investigation, following the intervention by a human rights organization. However, no serious action has yet to been taken by the police.

The AHRC is deeply concerned about this inaction and alleged attempt to hush up the case by the Panadura Police Post in relation to this matter. The AHRC urges the local authorities to ensure that the police handle the victim’s complaint in a proper manner and prosecute the offenders according to law. Disciplinary action should be taken against the responsible officer(s) who allegedly attempted to hush up the case.

SUGGESTED ACTION:
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