Dear friends,
The Asian Human Rights Commission (AHRC) has received information that a young navy sailor was harassed and threatened at gunpoint by a sub inspector and other policemen at a police security checkpoint at Modaravila, Panadura, Sri Lanka on 31 October 2006. It is alleged that when the victim protested against such behavior, the SI told him that because he was in uniform he is empowered to do anything he wanted, including sending the victim to prison for one year. We were also informed that Senior Superintendent of Police of Panadura division, who inquired into the victim’s complaint, showed complete biased and improper attitude during the inquiry on November 13. In fact, such attitudes on the part of the inquiring officers are a great obstacle to seeking justice and redress to the victims in Sri Lanka as it is the first process in finding the actual facts of the case and collecting evidence that may lead to departmental sanction or prosecution against those responsible.
CASE DETAILS:
At about 5:30pm on 31 October 2006, P.P. Dinesh Gihan, 26-year-old Sri Lankan Navy Sailor who was on temporary leave from the Navy, was riding his bicycle when he passed a police security checkpoint at Modaravila, Panadura, Sri Lanka. Suddenly the policemen at the checkpoint had stopped him but as he had already passed the checkpoint, he stopped a little further away. As he was stepping down from his bicycle, one sub inspector walked up to him and viciously kicked his bike twice. When Mr. Gihan inquired the reason for this behaviour the SI rudely told him it was because he delayed getting off his bike.
The SI then asked Mr. Gihan to show his National ID card. As he did not have it at that time he instead offered his official ID issued by the navy. But the SI was not satisfied and verbally abused him and even attempted to assault him. When Mr. Gihan protested such behavior, the SI simply told him that he (the SI) was in uniform while Mr. Gihan was in civilian dress and therefore he was empowered to do anything he wanted, including sending Mr. Gihan to prison for one year. According to Mr. Gihan, the SI even pulled out a pistol from his waist and threatened him with the gun. The other eight policemen at the checkpoint also pointed their guns at him.
On 1 November 2006, Mr. Gihan lodged a written complaint to various authorities including the Inspector General of Police and the Senior Superintendent of Police (SSP) of Panadura division. In response he was instructed to attend a police inquiry into the incident on 13 November 2006 at 10:00 am at the Panadura-SSP’s office. Mr. Gihan arrived in the office in time but was kept waiting until 12:30 pm. He was then informed that the SSP had gone for lunch and asked to return at about 1:30 pm.
Finally the inquiry began at 1:30 pm but as soon as it began, the SSP asked why Mr. Gihan was not present at 10:00 am as requested. Although Mr. Gihan told the SSP that he had in fact been present at 10:00 am, the SSP dismissed the fact.
According to Mr. Gihan, the SSP’s inquiry was not performed in a proper manner and biased towards the accused (the policemen). Mr. Gihan said that the SSP told him that policemen pointing guns at people was a ‘normal occurrence (ova samannya deva)’ and even said, “After all, you know all about security checks, don’t you?” Mr. Gihan appeal that the policemen had pointed their weapons at him not for security reasons but rather to intimidate him. But instead of taking his statement seriously, the SSP then said that crime was increasing in Panadura, implying him that this sort of behaviour is required for crime control.
Mr. Gihan protested the SSP’s comment and told him that crime busting was duty of the police, but that policemen had no business threatening and subjecting ordinary civilians to unwarranted harassment. Finally the SSP muttered something about wanting to record the policemens statements and ended the inquiry. Mr. Gihan says that the entire conversation with the SSP left him with little faith that he will ever be afforded an impartial and fair hearing from the SSP.
The AHRC wonders about the plight of ordinary citizens who have little choice these days but to be subjected to innumerable ‘security checks’ at the hands of such errant law enforcement officials, when navy personnel are treated so shabbily.
The AHRC is also deeply concerned by improper and biased manner of the police inquiry into this case. When a citizen lodges a complaint to the police, the inquiry is the first process in finding the actual facts of the case and collecting evidence that may lead to departmental sanction or prosecution against those responsible. Improper police inquiries are also one of primary reasons for the failure of conviction of the accused in court cases. Therefore if it is not performed in a proper manner, it becomes a great obstacle in rendering justice and redress to the victims.
Unfortunately, such improper and biased police inquiries are a common feature in Sri Lanka. The AHRC has constantly raised its concern on this matter through several urgent appeals that it has issued. Some of those cases are as follows:
UP-206-2006: SRI LANKA: Improper and biased manner of police inquiry into a torture case
UP-197-2006: SRI LANKA: Police investigation of a severe torture case drags on with no transparency
UA-338-2006: SRI LANKA: A torture victim is threatened by police to withdraw his complaint
UP-142-2006: SRI LANKA: Court hearing of a torture case postponed 22 times due to deliberate inaction by the police
UA-187-2006: SRI LANKA: Failure of the police to investigate mysterious death of 23-year-old
SUGGESTED ACTION:
Please write to the relevant authorities listed below and urge them to ensure proper and impartial investigation into this case so that the alleged perpetrators can be punished by law.
To support this case, please click here: SEND APPEAL LETTER
SAMPLE LETTER
Dear _________,
SRI LANKA: Biased police inquiry into a case of navy sailor who was threaten with gun by Panadura police
Name of victim: P.P. Dinesh Gihan of Station Road, Panadura; aged 26; Sailor in the Sri Lankan Navy by occupation (currently serving at the’Sunny Village’ Navy camp in Mannar)
Alleged perpetrators: A sub inspector (SI) and eight policemen attached to the Panadura police (at the time manning the police security checkpoint in Modaravila, Panadura)
Date of incident: 31 October 2006
Place of incident: the police security checkpoint in Modaravila, Panadura
I am deeply concerned by the harassment and threats at gunpoint against a young navy sailor by the officers of the Pandadura police mentioned above at a police security checkpoint at Modaravila, Panadura, Sri Lanka on 31 October 2006.
According to the information I have received, at about 5:30pm on 31 October 2006, the victim P.P. Dinesh Gihan, who was on temporary leave from the Navy, was stopped by the police when he was passing the said police security checkpoint riding his bicycle. I was informed that one sub inspector showed vicious behaviour toward the victim because he delayed getting off his bike. I was also informed that the SI further verbally abused the victim and even attempted to assault him when the victim showed his official ID issued by the navy instead of his National ID card.
I am disturbed to learn that when the victim protested such behavior, the SI simply said that he was in uniform and therefore he was empowered to do anything he wanted including sending the victim to prison for one year. I was shocked that the SI even pulled out a pistol from his waist and threatened the victim with the gun. The other eight policemen at the checkpoint also pointed their guns at him.
I am further extremely disappointed by the biased and improper police inquiry into the victim’s complaint that was conducted at the office of the Senior Superintendent of Police (SSP) of Panadura division on 13 November 2006. I am so annoyed to learn that instead of inquiring the important fact of the incident, the said SSP allegedly told the victim that policemen pointing guns at people was a ‘normal occurrence (ova samannya deva)’ and even attempted to undermine the victim’s complaint saying that such police behavior is due to increasing crime rate in Panadura, which implied that this sort of behaviour is required for crime control. I was informed that the victim lost his faith that he will ever be afforded an impartial and fair hearing from the SSP.
I am well aware that such improper and biased police inquiry is common feature in Sri Lanka. I am also worried that it becomes a great obstacle to render justice and redress to the victims as it is the first process to find actual fact of the case and collect evidence that may lead to departmental sanction or prosecution against those responsible. I also wonder about the plight of ordinary citizens who have little choice these days but to be subjected to innumerable ‘security checks’ at the hands of such errant law enforcement officials, when a navy personnel was treated so shabbily.
I therefore strongly urge you to inquire about this matter and take necessary action to make those responsible held accountable for their illegal acts. I also urge you to ensure an impartial inquiry into this incident. The concerned SSP who showed biased manner towards the police responsible should be replaced with another investigating officer capable enough to perform impartial and thorough inquiry. I also request you to put your efforts to prevent similar occurrences in the future. Or else if would not be long before the ordinary people of the country not only lose complete faith in the police force but also in the ‘security’ activities of the law enforcement agencies.
Sincerely yours,
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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. 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
3. Mr. K. C. Kamalasabesan
Attorney General
Attorney General’s Department
Colombo 12
SRI LANKA
Fax: +94 11 2 436421
Email: attorney@sri.lanka.net
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 (ahrchk@ahrchk.org)
