SRI LANKA: Failure by the police to investigate the brutal assault of a Kalavana farmer 

ASIAN HUMAN RIGHTS COMMISSION - URGENT APPEALS PROGRAMME

Urgent Appeal Case: UA-091-2006
ISSUES: Police violence,

Dear friends,

The Asian Human Rights Commission (AHRC) has received information regarding the brutal assault of a 39-year-old farmer from Pitigala Hill, Kalavana by two policemen from the Kalavana police station on 12 March 2006. The policemen also forced Mr. E. Gnanadasa to sign a written statement, the contents of which he was unaware. Mr. Gnanadasa is currently recovering in the hospital, but the police have failed to record his complaint or take any action in regards to his case.

On 12 March 2006 at around 10:30am, two policemen from the Kalavana police station, dressed in civilian clothing, visited Mr. E. Gnanadasa’s home and demanded that he produce a gun. The police officers then hit Mr. Gnanadasa with a torch, and punched and kicked him in front of his wife and two-year-old child. The officers then took Mr. Gnanadasa to the home of his elder brother, Mr. E. Siripala, and began to search the house in the latter’s absence. Not satisfied, they took Mr. Gnanadasa back to his house and assaulted him again, shouting, “If you don’t give us the gun, at least give us the meat.”

Thereafter the police forced Mr. Gnanadasa to sign a written statement, the contents of which he was unaware. The following day, March 13, Mr. Gnanadasa’s condition took a turn for the worse and he was rushed to the Kalavana hospital where he was admitted and treated for his injuries. That same day, the victim’s brother, Mr. Siripala visited the Assistant Superintendent of Police (ASP) to complain about the incident; however, the ASP refused to investigate the case and instead told him to lodge his complaint with the Kalavana police, the same police who assaulted the victim.

Mr. Gnanadasa continues to remain in the hospital, but to date, the hospital police (from the Kalavana police station) have failed to record his complaint. According to Mr. Siripala, he believes that his brother was attacked because about a month and a half ago Mr. Gnanadasa complained to the police about the proliferating Kasippu business in his village. Mr. Siripala believes that this incident was in revenge for his brother’s complaint.

Unfortunately, Mr. Gnanadasa’s case is not an isolated one whereby the police fail to document and investigate a complaint. The AHRC has reported several cases related to the refusal of the police to properly enquire into complaints lodged before them (see further: UA-038-2006 and UA-21-2005). This is hardly surprising given that the current procedure for lodging a complaint against the police in Sri Lanka involves reporting the incident to the very same police station where the alleged perpetrators are based. This being the case, complaints are routinely ignored.

SUGGESTED ACTION:
Please write a letter to the concerned authorities listed below and urge them to launch an immediate investigation into this case and take action to prosecute the responsible officers as soon as possible. Additionally, another system of reporting grievances against the police should be implemented so that complainants do not have to report the incident to the same station where the alleged perpetrators are based.

 

 

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

SAMPLE LETTER

Dear __________________,

SRI LANKA: Failure by the police to investigate the brutal assault of a Kalavana farmer

Name of victim: Mr. E. Gnanadasa, 39-years-old, farmer, married with a two-year-old child, Pingala Hill, Kalavana
Name of alleged perpetrators: Two policemen from the Kalavana police station
Place of incident: Mr. E. Gnanadasa's home in Pingala Hill, Kalavana, as well as Mr. E. Siripala's home in Kalavana
Time and date of incident: 10:30am on 12 March 2006

I am writing to you with deep concern regarding the blatant lack of action by the Kalavana police in regards to the brutal assault of Mr. E. Gnanadasa on 12 March 2006.The victim was brutally assaulted by policemen from the Kalavana police station, who demanded a gun and food from him. The officers also forced Mr. E. Gnanadasa to sign a written statement, the contents of which he was unaware. While Mr. Gnanadasa recovers in hospital the police refuse to record his complaint or take any action in regards to his case.

According to information I have received, on 12 March 2006 at around 10:30am, two policemen from the Kalavana police station, dressed in civilian clothing, visited Mr. E. Gnanadasa's home and demanded that he produce a gun. The police officers then hit Mr. Gnanadasa with a torch, and punched and kicked him in front of his wife and two-year-old child. The officers then took Mr Gnanadasa to the home of his elder brother, Mr. E. Siripala, and began to search the house in the latter's absence. Not satisfied, they took Mr. Gnanadasa back to his house and assaulted him again, shouting, "If you don't give us the gun, at least give us the meat."

Thereafter the police forced Mr. Gnanadasa to sign a written statement, the contents of which he was unaware. The following day, March 13, Mr. Gnanadasa's condition took a turn for the worse and he was rushed to the Kalavana hospital where he was admitted and treated for his injuries. That same day, the victim's brother, Mr. Siripala visited the Assistant Superintendent of Police (ASP) to complain about the incident; however, the ASP refused to investigate the case and instead told him to lodge his complaint with the Kalavana police, the same police who assaulted the victim.

Mr. Gnanadasa continues to remain in hospital, but the hospital police (from the Kalavana police station) have yet to record his complaint. According to Mr. Siripala, he believes that his brother was attacked because about a month and a half ago Mr. Gnanadasa complained to the police about the proliferating Kasippu business in his village. Mr. Siripala believes that this incident was in revenge for his brother's complaint.

I therefore am calling on you to ensure that an investigation is launched immediately into this matter and that charges are accordingly laid. All concerned officers should be held responsible for their actions since civilians should not be attacked for voicing their concerns to the appropriate officials. Moreover, another system of reporting about irresponsible police actions should be developed so that complainants need not report their concerns to the same police station where the alleged perpetrators are based. This will help to ensure that cases such as Mr. Gnanadasa's will not be routinely ignored.

Finally, a review should be lodged into why this and so many other cases in Sri Lanka have been ignored despite all the relevant authorities being aware of them.

I trust that your intervention will be forthcoming in this case.

Yours sincerely,

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PLEASE SEND YOUR LETTERS TO:

1. Mr. K. C. Kamalasabesan
Attorney General 
Attorney General's Department
Colombo 12
SRI LANKA 
Fax: +94 11 2 436 421

2. Mr. Chandra Fernando. 
Inspector General of Police (IGP) 
New Secretariat
Colombo 1
SRI LANKA 
Fax: +94 11 2 440440/327877

3. 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

4. Mr. J Thangawelu
DIG Legal
Police Headquarters
Colombo 1
SRI LANKA
Fax: 94 11 2381 394
Email: legaldiv@police.lk 

5. Dr. Radhika Coomaraswamy
Chairperson Human Rights Commission of Sri Lanka 
No. 36, Kynsey Road 
Colombo 8 
SRI LANKA 
Tel: +94 11 2 694925 / 673806 
Fax: +94 11 2 694924 / 696470 
E-mail: sechrc@sltnet.lk

6. 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

7. Prof. Manfred Nowak
Special Rapporteur on the Question of Torture
Attn: Mr. Safir Syed 
C/o OHCHR-UNOG
1211 Geneva 10
SWITZERLAND
Tel: +41 22 917 9230
Fax: +41 22 917 9016 (general)
E-mail: ssyed@ohchr.org

Thank you.

Urgent Appeals Programme
Asian Human Rights Commission (ahrchk@ahrchk.org)

Document Type : Urgent Appeal Case
Document ID : UA-091-2006
Countries : Sri Lanka,
Issues : Police violence,