SRI LANKA: Theft during custody as a result of negligence by Mt Lavinia police 

Dear friends,

The Asian Human Rights Commission (AHRC) has received information on a case of police malpractice and negligence that has led to the theft of a man’s motorcycle parts.  Mr. Fernando was stopped by police officers from the Mt. Lavinia police near the Maliban Biscuit Factory at Ratmalana.  The police officers demanded driving documents from Mr. Fernando, but he did not have them with him so the police took his motorcycle into custody.  When Mr. Fernando went to collect his motorcycle the next day, the police denied him access saying that his documentation was incomplete.  It was only after two weeks that the motorcycle was returned to Mr Fernando, but he was horrified to find that many of his bike’s parts were missing.  The motorcycle was in the custody of the police and they had responsibility for its safe-keeping.  Due to their negligence someone has had the opportunity to steal the victim’s motorcycle parts.  It has been 9 months since the incident occurred and the police still have not taken any steps to investigate the misconduct or to compensate the victim.  Since the victim’s motorcycle cannot be used now, his livelihood has been significantly impacted and he is very distressed that there is no access to justice.

The victim claims that despite him possessing the necessary documentation, the police had purposefully retained his motorcycle in order to steal the parts for themselves.  The AHRC has received a number of complaints that sometimes police and governmental authorities even bribe the victims for money in return for their vehicle.  (Please look at UA-160-2005, and UA-06-2005). We are aware that this is an every day occurrence for the people of Sri Lanka, the police have unregulated powers to confiscate and take into custody vehicles belonging to civilians.  Many of the people that are subjected to this abuse by the police are from the poor sections of society and to take away their means of transportation results in taking their means of earning a living away.

Therefore, we call upon you to write to the relevant authorities requesting their intervention in introducing legislation that can cease such malpractice by the police authorities.   In terms of this case, we ask you to urge the Inspector General of Police to order a full and transparent investigation into the misconduct of the police officers and to replace the parts of his motorcycle that have been stolen and repair his motorcycle, or alternatively, the victim must be compensated for his loss, which is estimated to be around Rs. 90,000.

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

Victim: Shanaka Fernando, 30 years old, unmarried, an electrical technician, Alubovila, Panadura
Perpetrators: Headquarter Inspector (of police) and others of the Mt. Lavinia Police station
Date of Incident: 27 February 2005

Case details:

On 27 February 2005 around 7.30 p.m. Mr. Fernando had been travelling from Panadura towards Colombo on his CM125 Honda motorcycle bearing no. 132- 1845 when he was stopped near the Maliban Biscuit Factory at Ratmalana by police officers of the Mt. Lavinia police.  At the time his fiancée was with him.  Unfortunately Mr. Fernando did not have his driving licence or insurance documents with him.  Therefore, the police informed him that they needed to take his motorcycle into their custody but he could return the next day with the necessary documents and collect his motorcycle from the Mt. Lavinia Police station.

The next day, Mr. Fernando went to the Mt. Lavinia Police station with the required documents and met with PC Upali of the traffic division.  However, after inspecting his documents, PC Upali requested the victim to meet with the police station Head Quarter Inspector (HQI).  HQI GM Senanayake refused to return the victim’s motorcycle saying that his documentation was incomplete.  He told the victim to rectify the documentation and return to claim his motorcycle.  He was given two weeks to do this.

With the documentation rectified, the victim returned to the police station and the HQI directed another policeman to give the victim back his motorcycle.  So the victim went to the yard adjoining the police station to locate his motorbike.  But when he found the bike, he was horrified to notice that many of his bike’s parts were stolen.  He had rushed inside the station and complained to the station HQI who simply told him to go to the crimes division of the station and lodge a complaint.  The victim lodged the complaint, (bearing no. G.CI.BI. 195/253 dated 27 June 2005) and also gave a detailed description of the various parts that were missing from his motorcycle.

Later, the victim complained to the Senior Superintendent of Police in Mt. Lavinia Police station about the theft.  On several occasions he also visited the HQI and requested that the police replace the stolen parts and repair the damaged motorcycle, since it was their negligence that led to the theft of the parts.   Though the HQI promised to do so, to date, this has not been done.  The victim has also not received any response from the police regarding his complaint.

It is now 9 months since his motorcycle was vandalized whilst in police custody and due to this, his motorcycle is now totally unusable.  The police too have admitted to the incident of theft.  However, their refusal to take the necessary action to restore the damage is causing the victim immense inconvenience and pain of mind.  Without his motorcycle as a mode of transport for him, his livelihood has been severely impacted.  He further claims that despite him possessing the necessary documentation, the police had purposefully retained his motorcycle in order to steal the parts for themselves.

This case although distressing to hear typifies what happens everyday for the people living in Sri Lanka.  The police authorities have immense powers to stop, search and confiscate people’s possessions without any reason for doing so.  There have been numerous complaints against the police who have taken possessions into their custody without returning them.  But the police seem to enjoy impunity against complaints and investigations are rarely conducted into such misconduct.  The people of Sri Lanka have no access to justice.

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SUGGESTED ACTION:

Please send a letter to the Inspector General of the Police (IGP) and all the relevant authorities below, asking them to ensure that the case is properly investigated.  Such misconduct and corruption by the police must be stopped.

 

 

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