Dear friends,
In June 2006, the Asian Human Rights Commission (AHRC) reported the alleged abduction of K. Thaivanis three children aged 17, 16 and 8 by tea estate owner, D. Karunadasa who engaged in these illegal activities with the connivance of the Yakkalamulla police (please see UA-176-2006). Amidst the shameful inaction of all relevant state authorities, it was only with the timely intervention of Janasansadaya, a local human rights organisation and a further agonising wait of a few more months that Thaivanis three children were returned to her.
Now Thaivani complains that a few days ago, she received a message from the Yakkalamulla police to visit the police station together with her three children. Accordingly, on 24 July 2006 the family set out to the station early in the morningbefore even having breakfast. However, Thaivani said that from about 7amthe time they reached to police station until 3 – 4pm they were detained at the police station on the pretext that the Office-in-Charge was not in. They were not offered food or water; neither was Thaivani allowed to obtain any food for her children.
Then in the afternoon another policemen (believed to be the second in command) met them and scolded them in insulting and degrading language. He also said that Karunadasa was a good man and that their allegations against him might anger him into casting an evil spell against them. This was an obvious attempt to instil fear in the minds of these people. Not done, this policeman then chased Thaivani away and proceeded to record the statements of the three under-aged childrenin the absence of a parent/guardian. The children say they were so scared that they cannot remember what they were coerced into telling the police. The statements were recorded in Sinhala, a language not overly familiar to these Tamil children and their signatures forcibly obtained. All these activities of the police were in blatant violation of laid down legal procedures. But Thaivani strongly suspects that this was in order to shield the culprit from criminal liability.
Meanwhile, both the Yakkalamulla police and other police authorities have failed to arrest and charge Mr. Karunadasa for his illegal activities. On the contrary, the police continue to actively safeguard him from possible legal repercussions.
On behalf of Thaivani, Janasansadaya has now written to the Inspector General of Police, the DIG-South and the Senior Super-Intendant of Police-Galle requesting them to take immediate action to prevent such harassment and degrading treatment of Thaivani and her children. On behalf of Theivani Janasansadaya also urged that (a) the HRCSL and the NCPA take immediate action against the perpetrator; (b) the police take immediate action against the illegal activities of Mr. Karunadasa; and (c) disciplinary and legal action be taken against the Yakkalamulla police for wilfully neglecting their official duties.
SUGGESTED ACTION:
Please write to the relevant authorities below voicing your concern at the treatment of this victim and her three children. Please highlight that the actions of the police must in no way be condoned meaning that legal and disciplinary action must be taken against them. Please send copies of your letter to the relevant UN authorities.
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SAMPLE LETTER
Dear __________,
SRI LANKA: Continued harassment of Thaivani and her children by the Yakkalamulla police
I write with much frustration at the entirely unacceptable treatment of a woman and her three children by the Yakkalamulla police. Earlier it was reported that K. Thaivanis three children were alleged abducted by tea estate owner, D. Karunadasa who engaged in these illegal activities with the connivance of the Yakkalamulla police. Only with outside intervention and a long delay were the children finally returned to her.
However, I have now learned that Thaivani received a message from the Yakkalamulla police to visit the police station together with her three children. Accordingly, on 24 July 2006 her and her children presented themselves to the police station where they were detained for seven to eight hours, without food or water. When a police officer, claiming to be the second in command finally did meet with them, he scolded them in insulting and degrading language and threatened that an evil spell would be cast on them for making the allegations against the tea estate owner. Not done, this policeman then chased Thaivani away and proceeded to record the statements of the three under-aged childrenin the absence of a parent/guardian. The children say they were so scared that they cannot remember what they were coerced into telling the police. The statements were recorded in Sinhala, a language not overly familiar to these Tamil children and their signatures forcibly obtained. All these activities of the police were in blatant violation of laid down legal procedures. But Thaivani strongly suspects that this was in order to shield the culprit from criminal liability.
To date the Yakkalamulla police and/or other police authorities have failed to arrest and charge Mr. Karunadasa for his illegal activities. On the contrary, the police continue to actively safeguard him from possible legal repercussions.
Such conduct by the police should in no way be tolerated and therefore I write to you now seeking your intervention so that legal and disciplinary action is taken against them. I trust also that investigations will occur into Mr. Karunadasas conduct and that likewise, charges will be laid. I further trust that given that you are now well aware of this situation, no further harassment or threats will be made against the victim or her three children.
Yours sincerely,
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PLEASE 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. 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
4. Mr. Chandra Fernando
Inspector General of Police
New Secretariat
Colombo 1
SRI LANKA
Fax: +94 11 2 440440/327877
Email: chandralaw@police.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. Dr. Hiranthi Wijemanne
National Child Protection Authority
330, Thalawathgoda Road
Madiwella
SRI LANKA
Tel: +94 11 2 778912/13/14
Fax: +94 11 2 778975
E-mail: ncpa@childprotection.gov.lk
7. Bo Viktor Nylun
Head of Child Protection
UNICEF Sri Lanka
P.O. Box 143, Colombo
SRI LANKA
Tel: +94 11 2 555 270 (6 lines)
Fax: +94 11 2 551 333
E-mail: colombo@unicef.org
8. Mr. Jacob Egbert Doek
Chairperson
Committee on the Rights of the Child
OHCHR-UNOG
8-14 Avenue de la Paix
1211 Geneva 10
SWITZERLAND
Fax: +41 22 917 9022
10. International Labour Organization
Sri Lanka Area Office
Colombo
SRI LANKA
Tel: + 94 11 2 500 539/592 525
Fax: +94 11 2 500 865
Email: colombo@ilo.org
Thank you.
Urgent Appeals Programme
Asian Human Rights Commission (ahrchk@ahrchk.org)
