SRI LANKA: State police serving criminals and organized criminal gangs and NOT the people

Dear friends

It has come to the attention of the Asian Human Rights Commission (AHRC) that the officers at Ja Ella police station Sri Lanka and their immediate superiors have failed to take any tangible action in spite of repeated complaints against local criminals. It has been reported that the criminals involved are those who are engaged in narcotic trade and bootlegging in the locality and have high influence with ruling and opposing political factions.

The inaction on the part of local police and their superior officers show the fathoms to which the country’s policing has deteriorated adding burden to the already collapsed justice dispensation system in the country. In this case the police has not only deliberately failed to take any proper action to contain the absolute failure of law and order in the locality, but also has registered cases against the relatives of those who has complained as if to put pressure upon the complainants to settle the matter without further pursuing the issue.

The AHRC is deeply concerned about such state of affairs at Ja Ella police station. Please intervene into this case immediately. We also request you to send a letter to the local authorities demanding immediate inquiry into this case and also to ensure that the victims and their rights are protected.

Urgent Appeals Desk,
Asian Human Rights Commission (AHRC)
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Complainants/victims:

1.  Kudathanthrilage Priyantaha of address: No. 04, Ganga Mawatha, Kanuwana, Ja Ella, Gampaha, Sri Lanka
2. Vineetha Dayas Wickramanayake of No: 31, Perera Rd, Kanuwana, Ja Ella, Gampaha, Sri Lanka
3. Sellapperumage Priyani Fernando of No; 27 Ekala Ja Ella, Gampaha, Sri Lanka
4. Rajapaksha Bathgamdurayalage Shiyalatha Rupasinghe of No: 23, Abinawarama Rd, Ekala, Sri Lanka
5. Kudathanthreege Mangalika of No: 23 Abinawarama Rd, Ekala, Sri Lanka
6. Baba Akka (this is her name which is use by the people not exact name) of Abinawarama Rd, Ekala, Sri Lanka

Alleged perpetrators:

1. Officer in Charge – Ja Ella Police Station, Gampaha, Sri Lanka
2. Assistant Superintendent of Police, Paliyagoda, Sri lanka
3. Rohan
4. Podi Priyantha
5. Maskat Ajith
6. Sirimal
7. Joji Ayya
8. Suresh, s/o Joji Ayya 
9. Cheena
10. Kalu Gamini
11. Dilshan and Tharanga, sons of Kalu Gamini
12. Nishoka
13. Asoka
14. Lakshman
15. Mangala
16. Kumara, son in law of Joji Ayya
17. The son of Sumith, who lives in Ja Ella Bunt. 
18. Ukkiya, the son of the Montana junction meat shop owner. 
19. Duminda
20. Nalin, son in law of Kalu Gamini
21. Gihan, son in law of the Dalsi Akka
(Perpetrators 3 to 21 are the miscreants named in the victims’ complaint with the police and are from the locality)

Date of the incident: 11 October 2004 and continuously there on

Place of incident: Ja Ella, Gampaha, Sri Lanka (within the territorial limits of Ja Ella police station)

Case details:

On10 October 2004, there was an incident where two people of the same village who were apparently drunk, exchanged words with one individual, Makalandana Appuhamilage Samarasinghe. The two drunken men had also abused a girl who was working at communication in the Ekala Junction. Makalandana and his relatives attempted to explain that such behavior was undesirable, resulting in the two men assaulting Makalandana. Although some of his friends tried to settle the issue, there was some quarrelling.

After some time on the same day, a group of about 150-200 people came to the houses of Makalandana’s relatives, assaulting them and destroying property worth more than 1.5 million rupees. The victims then made a complaint to the Ja Ella police station by telephone. Although the police visited the house and were shown the criminals who committed the assault, the police merely said that it was not wise to arrest them now as they are too much cruel. The police only recorded the statements of the victims but abstained from taking any further immediate action. The complainants went to the police station the next day (October 11) and filed written complaints as well, including the names of the perpetrators.

However, the police officers subsequently arrested three of Makalandana’s relatives, all of whom are still being held in remand custody. The victims then also complained to the Paliyagoda ASP office, but the officers there did not even record their complaints. They did visit the area, following which, six perpetrators were arrested, who are also in remand custody. Several other suspected criminals who were also involved in these offences have not been arrested, and are currently living free in the village. They are:

1. Rohan
2. Podi Priyantha
3. Maskat Ajith
4. Sirimal
5. Joji Ayya
6. Suresh, s/o Joji Ayya 
7. Cheena
8. Kalu Gamini
9. Dilshan and Tharanga, sons of Kalu Gamini
10. Nishoka
11. Asoka
12. Lakshman
13. Mangala
14. Kumara, son in law of Joji Ayya
15. The son of Sumith, who lives in Ja Ella Bunt. He had come with a large number of companions.
16. Ukkiya, the son of the Montana junction meat shop owner. 
17. Duminda
18. Nalin, son in law of Kalu Gamini, he had come in a Toyota Diana vehicle, license no. 48-7008
19. Gihan, son in law of the Dalsi Akka.

These perpetrators have made death threats to the complainants, who have had to leave their homes and property, including their vehicles, for fear of being attacked. Even though they have made further complaints to the police on 16 October 2004 regarding the death threats, the police have taken no action, allowing the perpetrators to roam freely and terrorize the victims.

The manner in which the local police and their immediate superiors have reacted to this case shows the fathoms into which the policing in Sri Lanka have deteriorated. Better policing is one of the key elements required for proper justice dispensation in any country. In Sri Lanka policing is as mentioned above which indicates that anyone could buy the police as if a commodity in open market resulting in gross violation of human rights in the country. The fact that the police has not inquired into the case properly and has even arrested the complainants’ relatives so as to pressure the complainants for a compromise would also amount to torture according to the UN Convention against Torture. The very fact that the police states that the criminals are too cruel to be arrested and letting the complainants to be at the mercy of such criminals and further registering cases against the relatives of the complainants show how the policing has failed to aid the justice dispensation system, but on the contrary aidding criminals and organized crime.

SUGGESTED ACTION:

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