SRI LANKA: No investigation after Piliyandala police assault a man

Dear friends,

The Asian Human Rights Commission (AHRC) has received information that the Piliyandala police beat a man on 27 September 2007. It was only after the victim produced a letter from the office of a government minister that a high ranking officer at the station allowed him to lodge a complaint. However no investigation has been launched.

CASE DETAILS: (Based on the victim’s testimony)

Mr. Priyantha Fernando (27) is a three-wheel driver and he hires the three-wheeler from the owner, Mr. Umesh Indika by paying Rs. 250/- (USD 2.25) every day.

On 27 September 2007, Priyantha Fernando was parking the three-wheeler in the parking lot in front of the Moratuwa police station as he usually does. Suddenly two persons approached him and demanded that they wanted to hire his vehicle to take them to Katubeddha, which is a few kilometers away. However, he told them he could not accept the hire because he had been hired in advance to drive for the wife of an officer of the Moratuwa police station named Prasanna.

As Priyantha Fernando told them this they became aggressive and stated that “it is only with you we will go”. Then, one of the persons gripped Priyantha Fernando by the neck and wanted to see his identity card. While the person gripped Priyantha Fernando, the other searched the victim’s hip pocket and took out the paper which had been given to him by the police when his original identification card was lost. They added that “it is you we are looking for” and squeezed his neck and held it tight against the bar of the three wheeler which is behind the drivers’ seat.

According to the victim, he thought that they intended to steal the three-wheeler, and told them that the three-wheeler did not belong to him. At that time, he saw that the owner of the three-wheeler, Umesh Indika, coming towards them. The victim then said, “The owner of the three-wheeler is coming”. Then, the two persons identified themselves as police officers and pushed the victim away. They then caught hold of Umesh Indika, put him inside a van and drove away.

Following the incident the victim went to the Moratuwa police station to make a complaint but the police refused to accept the complaint. Instead they gave oral messages to deliver to the household of Umesh Indika. It was at the police station that the victim later came to know that the two persons who had taken Udesh Indika were from the Piliyandala police.

On the next day, September 28, the victim went to the Panadura North police station with his mother to make a complaint. However, once again the police did not accept the complaint but told them to go to the Moratuwa police station. When they went to the Moratuwa police station they were told again to return to the Panadura North police station. The Officer-in-Charge of the Panadura North police telephoned to the Piliyandala police and told them to inquire into the incident and asked the victim to go to the Piliyandala police station.

On September 29, the victim and his mother went to the Piliyandala police station to again lodge a complaint. According to the victim the Officer-in-Charge of the Piliyandala police station and the Officer-in-charge of the Crimes Branch of the police station scolded them in a very low manner, using foul language against them. They even threatened that three persons had already been killed and that the victim will be next. They then refused to record the victim’s complaint. On the same day the victim was admitted to the Kalubowila hospital for treatment suffered in the attack. The victim informed to a doctor from the Kalubowila hospital that he had been assaulted by the police. The doctor diagnosed that the nerve on the left side of his neck had been damaged and that should wear a plaster case on the neck for about one month.

At around 3:30pm on September 30, the victim again went to the Moratuwa police station but the police denied recording his complaint.

On October 2 the victim told the incident to Ranjan de Mel, the coordination officer of Minister Jeewan Kumarathunga who lives in Rawatawatte. Ranjan de Mel gave him a letter to present to the Senior Superintend of Police (SSP) in the Mt. Lavinia police station. This officer read the letter and signed it and asked for the victim to hand it over to the Assistant Superintend of Police (ASP) at the Moratuwa police station. Accordingly the victim met ASP Dayananda and handed over the letter. It was only then that the victims’ statement was recorded by a Woman Police Officer and a form to get admitted at the Kalubowila hospital police station was given to him. The victim was again admitted to the Kalubowila hospital. The victim showed the doctor the hospital card and the x-ray which had been given on his first admission on 29 September 2007.

On October 3, the police attached to the hospital recorded a statement from him and on the following day, October 4, the Judiciary Medical Officer (JMO) examined the victim. The victim was discharged on that day and asked to attend the clinic to continue his treatment on October 11. As a result of the attack, the victim has difficulty in turning his neck freely and in continuing his job.

The victim has also written to the Chairperson of Human Rights Commission of Sri Lanka, Chairperson of National Police Commission, Inspector General Police, and Senior Superintendent of Police at Mt. Lavinia police station. However, to-date, the investigation has not started.

The AHRC is gravely concerned by the police assaulted of Priyantha Fernando by the Piliyandala police officers. The AHRC is also concerned by the refusal to record a complaint by the police after they police attacked the victim. This case clearly shows that it is the victim who suffers from the existing policing system even when trying to seek redress through the system. An immediate investigation has to start without delay.

SUGGESTED ACTION:
Please write to the relevant authorities listed below and urge them to start an investigation and take necessary action against the alleged perpetrators who assaulted the victim. Please also urge them to ensure that he is paid appropriate compensation for the injuries caused and also for the violation of his fundamental rights.

To support this case, please click here: SEND APPEAL LETTER