Dear friends,
The Asian Human Rights Commission (AHRC) has received information regarding the alleged fabrication of charges on a woman by the police reacting to her attempt to seek justice. She was previously been assaulted by the police. However a case was filed against her in 2003. This time again, she was harassed and slapped about, but another case was filed in July 2007. While no investigation into the assault of the police has been initiated, she has attended court over 20 times for the case filed against her for the last four years.
CASE DETAILS: (Based on the victims testimony)
A.G.S.P. Nilmini Karunarathna (43) lives in a rented house with her husband who is deaf and dumb in Kadugannawa.
According to the information received, on 9 October 2003, Nilmini and her daughter Kaushalya (21) went to the Kadugannawa police station for a land dispute. The investigation into the land dispute started at around 9:00am in the presence of both parties of the land. Two female police constables named Ajantha and Herath were present. As the investigation started, Nilmini felt that the police officers were supporting the other party so Nilmini asked those police constables to be neutral.
The investigation was then continued by Sub Inspector (SI) S. E. Weerarathna and finally came to a settlement after Nilmini and her daughter explained about their position. Mr. Weerarathna requested a date from the other party for a final settlement. Suddenly one female police constable named Herath went out and brought Sub Inspector (SI) Mr. Bandara into the room. Herath asked Bandara to arrest Nilmini and her daughter for speaking out against the police and obstructing their duties. Nilmini held onto her daughter and tried to leave the room. Then Herath and Bandara started beating Nilmini with their fists and police boots until she fainted and dragged her to the cell. A police constable, Rupa Pathirana, was also there but did not intervene. Her daughter Kaushalya was also beaten in another room. Kaushaliya came out with crying and asked for a three wheeler to take Nilmini to a hospital but the police officers refused to take her to the hospital.
It was later that Nilmini was taken to Henawala Hospital in Kadugannawa in the police jeep. Nilmini was taken to Peradeniya hospital and then to Kandy hospital. A doctor from Kandy hospital advised that she be admitted but the police refused. Nilmini was asked to sign a document and taken back to the police station. Nilmini was then sent home that night. However before she left the police station she made a complaint and went to the Kandy hospital with her relatives and got admitted until 10 October 2003.
On 14 October 2003, Nilmini lodged a complaint with the Deputy Inspector General of Police of Kandy Range. Nilmini also complained to the Human Rights Commission in Kandy as well as Police Commission. She succeeded in filing a Fundamental Rights application but it was laid until a case was filed by the police against Nilmini for assaulting the police officers. Although Nilmini made several complaints to the higher ranking police officials and to other Institutions, no serious investigations have been conducted so far for almost four years.
On 14 July 2007 a police vehicle hit a relative of her husband and Nilmini went to the Kadugannawa police station to lodge a complaint with regards to this accident but she was harassed by the police. Nilmini then made a complaint to Sub Inspector (SI) Kottegoda traffic Officer-in-Charge on the 15 July 2007. Nilmini then heard of another case (M.C. 1987/2007) that the police have filed against her for obstructing their duty. Nilmini became depressed with this news and wanted to commit suicide but later decided to protest. Hence she has protested in front of the Human Rights Commission for two days. During the protest, some officers from the Human Rights Commission including security officers allegedly threatened her children and relatives.
The M.C. case was allegedly made to arrest Nilmini on charge of assaulting the police constables. The case against Nilmini is No. 46409 and next court hearing is scheduled at 7 November 2007. Nilmini has already gone 20 times to the Kandy magistrate court for this case during the last four years.
SUGGESTED ACTION:
Please write letters to the authorities below urging them to drop the alleged fabrication of the charges and to investigate the assault. The perpetrators should be suspended and punished if the assault and harassment are proven true. The AHRC writes a separate letter to the UN Special Rapporteur on the Question of the Torture for his consideration in this case.
To support this case, please click here: SEND APPEAL LETTER
SAMPLE LETTER
Dear __________,
SRI LANKA: Alleged fabrication on charges against a female seeking justice
Name of victims: A.G.S.P. Nilmini Karunarathna (43) and her daughter Kaushalya (21), residing at 176, Kandy Road, Kadugannawa
Name of alleged perpetrators:
1. Ms. Herath, a police constable from Kadugannawa police station (involved in the first incident)
2. Mr. Sub Inspector Bandara from Kadugannawa police station (involved in the first incident)
3. Some police constables from Kandy police station (involved in the second incident)
Date of place of the first incident: 9 October 2003, Kadugannawa police station, Kandy Dist.II, Kandy Division, Central Range West
Date of place of the second incident: 14 July 2007, Kandy police station, Kadugannawa Dist.I, Kandy Division, Central Range West
I am writing to voice my deep concern regarding the alleged fabrication of charges on A.G.S.P. Nimmini Karunarathna who has tried to seek a justice.
According to the information received, on 9 October 2003, Nilmini and her daughter Kaushalya (21) went to the Kadugannawa police station for a land dispute. The investigation into the land dispute started at around 9:00am in the presence of both parties on the land. Two female police constables named Ajantha and Herath were present. During the investigation, Sub Inspector (SI) S. E. Weerarathna requested a date from the other party for a final settlement. Suddenly one female police constable named Herath went out and brought Sub Inspector (SI) Mr. Bandara into the room. Herath asked Bandara to arrest Nilmini and her daughter for speaking against the police and obstructing their duties. Nilmini held her daughter and tried to come out of the room. Then Herath and Bandara started beating Nilmini with hands and police boots until she fainted and dragged her to the cell. A police constable Rupa Pathirana was also there but did not intervene. Her daughter Kaushalya was also beaten in another room. Kaushaliya came out with crying and asked a three wheeler to take Nilmini to a hospital but the police officers obstructed and refused to take her to the hospital.
It was later that Nilmini was taken to Henawala Hospital in Kadugannawa in the police jeep. Nilmini was taken to Peradeniya hospital and then to Kandy hospital. A doctor from Kandy hospital advised her to admit however the police refused. Nilmini was asked to sign a document and taken back to the police station. Nilmini was then sent home that night however before she left the police station she made a complaint and went to the Kandy hospital with her relatives and got admitted till the 10 October 2003.
On 14 October 2003, Nilmini lodged a complaint to the Deputy Inspector General of Police of Kandy Range. Nilmini also complained to the Human Rights Commission in Kandy as well as Police Commission. She succeeded in filing a Fundamental Rights application but it was laid till a case filed by the police against Nilmini for assaulting the police officers. Although Nilmini made several complaints to the higher ranking police officials and to other Institutions, no serious investigations have been conducted so far for almost 4 years.
On 14 July 2007 a police vehicle hit a relative of her husband and Nilmini went to the Kadugannawa police station to lodge a complaint with regards to this accident but she was harassed and by the police. Nilmini then made a complaint to Sub Inspector (SI) Kottegoda traffic Officer-in-Charge on the 15 July 2007. Nilmini then heard of another case (M.C. 1987/2007) that the police have filed against her for obstructing their duty. Nilmini got depressed with this news and wanted to commit suicide but later decided to protest. Hence she has protested in front of the Human Rights Commission for two days. During the protest, some officers from Human Rights Commission including security officers allegedly threatened her children and relatives.
The M.C. case was allegedly made to arrest Nilmini on charge of assaulting the police constables. The case against Nilmini is No. 46409 and next court hearing is scheduled at 7 November 2007. Nilmini has already gone 20 times to the Kandy magistrate court for this case during the last four years.
It is unacceptable that the assault of Nilmini by the police has not been properly investigated for over 4 years since it happened in October 2003. This time again, she was harassed and slapped by the police from Kandy police station when she went to lodge a complaint. In both cases, the police filed a case against her respectively however no investigation into the assault by the police has been conducted.
In light of above, I urge you to thoroughly investigate the alleged two assaults by the police from Kadugannawa police station and Kandy police station. Those responsible should be punished if proven guilty. I also urge you to drop the alleged fabrication of cases filed against her. Furthermore Nilmini and her daughter should be compensated for the brutal assault and harassment by the police.
I look forward to hearing from you soon in this case.
Yours sincerely,
—————-
PLEASE SEND YOUR LETTERS TO:
1.Mr. Victor Perera
Inspector General of Police
New Secretariat
Colombo 1
SRI LANKA
Fax: +94 11 2 440440/327877
E-mail: igp@police.lk
2. Mr. C.R. De Silva
Attorney General
Attorney General’s Department
Colombo 12
SRI LANKA
Fax: +94 11 2 436421
Email: attorney@sri.lanka.net
3. 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: npcgen@sltnet.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
Thank you.
Urgent Appeals Programme
Asian Human Rights Commission (ua@ahrchk.org)
