Dear friends,
The Asian Human Rights Commission (AHRC) has received information regarding an alleged fabrication of charges and threats against a young woman named Ms. Wasana Vinodya Silva by the Mulleriyawa police, in collaboration with her husband Mr. Nandana Kumara. The victim claims that she left the house on July 6 after having an argument with her husband who later falsely accused her of a ‘criminal breach of trust’ inter alia taking away his documents. She also claims that her husband has the ability to commit such crimes due to his connections with the OIC of the Mulleriyawa police station. The victim was taken into police custody on July 23 by the Mulleriyawa police who then reportedly threatened to kill her. She also received several death-threatening phone calls prior to this incident. The victim was released on bail by the court on the same night but the case against her remains ongoing in the court. The next court date for the case is scheduled for August 2.
On 6 July 2006, Ms. Wasana Vinodya Silva had an argument with her husband Mr. Nandana Kumara. Consequently Mr. Kumara assaulted her, thereby causing her to leave the house with her infant child the following day. She then went to her parents’ house in Panadura and lodged a complaint against her husband at the Panadura police station. However according to Ms. Silva, her husband also lodged a complaint against her at the Mulleriyawa police station in which he had falsely accused her of ‘criminal breach of trust’ inter alia, taking away several of her personal documents including her National ID.
Since then, Ms. Silva says she has received several anonymous phone calls threatening to kill her. In addition, on July 19, she received a phone call in which the caller claimed to be: “the Officer-in-Charge (OIC) of the Mulleriyawa police station”. The number of the mobile phone from which the call had been made was 0779800970. Ms. Silva thinks that it is most probably the OICs private mobile phone number. Ms. Silva’s family did not know why the OIC have been enthusiastic towards his ‘official’ work as to call her from his private mobile phone.
On July 23, a policeman from the Pinwatte police station conveyed a message from the Mulleriyawa police to Ms. Silva. The message instructed her to present herself at the Mulleriyawa police station and to bring the items taken from her husband. However Ms. Silva claims that she did not bring anything but the clothes she and her child were wearing when she left her home. She says that most of her belongings including official documents and jewellery are still with her mother-in-law.
However, as per instructions, Ms. Silva went to the Mulleriyawa police station along with her mother and her infant child. There she saw her husband and an officer from the HSBC bank-Rajagiriya branch, where her husband was employed as a driver. She soon discovered that her husband and this bank officer were on very friendly terms with the OIC Mr. Gamunu. No sooner had she entered the room, the OIC commented, “Ah, so you finally came.” and began to scold her in insulting and degrading language. He also threatened that unless she returned the files and other documents taken from her husband, he would arrest her. Another policeman in civilian clothes also abused Ms. Silva as well as her mother in filthy language. Then the OIC violently shoved her and told the other policemen to lock her up in a cell. And though her infant cried, they did not even allow her child to be with her. Instead the police continued to shout and intimidate her by saying, “We will not allow you to institute a maintenance case; We will not give you the child; we will search you and kill you”.
Later that night, the police produced Ms. Silva before the Peliyagoda Magistrate with the alleged false charges and she was released on 50,000 rupees (USD 480) of surety bail. The next court date for the case is fixed for 2 August 2006.
SUGGESTED ACTION:
Please write to the relevant authorities listed below and urge them that an immediate and proper inquiry be held into the alleged intimidation, degrading treatment and fabrication of charges against the victim by the Mulleriyawa police, including the OIC. Please also urge them to take immediate disciplinary and legal action against the errant policemen who have interfered into a private domestic dispute and to provide protection to Ms. Silva and her infant.
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SAMPLE LETTER
SRI LANKA: Alleged fabrication of charges and threats against a woman by the Mulleriyawa due to her marital disputes
Name of the victim: Ms. Wasana Vinodya Silva, aged 20, married with one child, resides in Pinwatte, Panadura, Sri Lanka
Alleged perpetrators:
1. Mr. Nandana Kumara, the victim’s husband, being employed (on a contact basis) as a driver at the HSBC bank – Rajagiriya branch.
2. Mr. Gamunu, the Officer-in-Charge (OIC) of the Mulleriyawa police station
3. Other police officers attached to the Mulleriyawa police station
Date of incident: 23 July 2006
Place of the incident: Mulleriyawa police station in Nugegoda district, Nugegoda division, Sri Lanka.
I am writing to bring to your attention an alleged fabrication of charges and threats against a young woman named Ms. Wasana Vinodya Silva by the Mulleriyawa police collaborating with her husband Mr. Nandana Kumara.
According to the information I have received, the victim was implicated with an alleged false accusation of criminal breach of trust inter alia, taking away her documents by her husband after having an argument with him on 6 July 2006. The victim, who is currently staying at her parents’ house in Panadura, claims that she did not bring anything but the clothes she and her child were wearing when she left her home on that day and most of her belongings including official documents and jewellery are still with her mother-in-law. The victim reported that she has received several anonymous phone calls threatening to kill her since then.
Furthermore, on July 23, the victim was taken into custody on the orders of the OIC when she went to the the Mulleriyawa police station upon the police’s request. She saw her husband and an officer from the HSBC bank-Rajagiriya branch, where her husband works as a driver. According to the victim, her husband and the bank officer looked to have a close relationship with the OIC Mr. Gamunu, who began to scold her with insults and degrading language as soon as she entered the room. During her detention, the police allegedly shout and intimidate her saying, “We will not allow you to institute a maintenance case; We will not give you the child; we will search you and kill you”. Later that night, the police produced the victim before the Peliyagoda Magistrate with the alleged false charges and she was released on 50,000 rupees (USD 480) of surety bail. The next court date for the case is fixed for 2 August 2006. The victim has also said that she lodged a complaint against her husband regarding his assault on her at the Panadura police station.
I am deeply concerned by the behavior of the Mulleriyawa police in this case. Instead of conducting a proper investigation into the allegation of “criminal breach of trust” against the victim, they simply took action against her according to the claim from her husband’s side. The police’ attitude shown to the victim during her custody indicates that they, including the OIC, used their power unnecessarily to interfere into a private domestic dispute. I am also concerned that it seems no investigation has begun into the alleged death-threatening phone calls to the victim.
I therefore strongly urge you to order an immediate and proper inquiry into the alleged intimidation, degrading treatment and fabrication of charges against the victim by the Mulleriyawa police, including the OIC. Please take immediate disciplinary and legal action against the errant policemen who have interfered into a private domestic dispute. If no evidence against the victim is found into the accusation lodged by her husband, action should be taken to withdraw the charges from her. I further urge you to ensure that protection be provided to Ms. Silva and her infant as she receives continuous threats.
Sincerely yours,
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SEND YOUR LETTERS TO:
1. 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
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. Chandra Fernando
Inspector General of Police
New Secretariat
Colombo 1
SRI LANKA
Fax: +94 11 2 440440/327877
Email: chandralaw@police.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
5. Secretary
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. Ms. Yakin Erturk
Special Rapporteur on Violence against Women
Attn: Mara Steccazzini
Room 3-042
c/o OHCHR-UNOG
1211 Geneva 10
SWITZERLAND
Tel: +41 22 917 9615
Fax: +41 22 917 9006 (ATTN: SPECIAL RAPPORTEUR VIOLENCE AGAINST WOMEN)
Email: msteccazzini@ohchr.org
Thank you.
Urgent Appeals Programme
Asian Human Rights Commission (ahrchk@ahrchk.org)
