SRI LANKA: Police fabricate charges against two men after assault on his private matter

ASIAN HUMAN RIGHTS COMMISSION - URGENT APPEALS PROGRAMME

Urgent Appeal Case: AHRC-UAC-101-2008
ISSUES: Arbitrary arrest & detention, Police violence,

Dear friends,

The Asian Human Rights Commission (AHRC) has received information regarding the assault of two men by police officers attached to Hikkaduwa Police Station on 2 April 2008. One police officer abused his position over a personal matter and assaulted them. He later laid fabricated charges against them. Although acknowledging this case, the OIC of the station has failed to properly intervene. Both men have been released on bail.

CASE DETAILS: (based on the statement from the victim)

Muthuwahennadi Roshan Koitex, a fisherman, had been cohabiting with a woman for over six years who was later found to be having an affair with another man – Sub Inspector (SI) Sanjeeva Senevirathne attached to Hikkaduwa Police Station. According to the information received, SI Senevirathne started coming to Roshan’s house in search of him for no apparent reason, which made Roshan fear that he was being persecuted.

On 26 March 2008, Roshan decided to go to the Hikkaduwa Police Station with his father to meet Officer in Charge (OIC) and make a complaint regarding the abuse of power by SI Senevirathne. However, when they went to the station, the OIC was not available to meet and another officer took down the complaint and recorded Roshan’s statement. Roshan noticed that when he came to the part about the harassment by SI Senevirathne, the officer ignored his comments it and did not take them down.

On March 27, the woman told Roshan that SI Senevirathne was coming to catch him that night. Due to fear, Roshan left his home and went to his father’s house. At about 11:30pm Roshan crept up close to his house and saw that SI Senevirathne was inside with the woman. Roshan was later informed by the woman that SI Senevirathne had threatened to kill him ‘like a dog’.

On March 28, Roshan went to the Hikkaduwa Police Station again, met SI Senevirathne and asked him why he was looking for him. The SI accused Roshan of frequently quarreling with the woman and being addicted to ‘ganja‘ (cannabis) and ‘heroin’ which Roshan denied. The SI called the woman to come to the station and, in front of the woman, asked Roshan to leave the house so that she could live in it. Roshan refused the SI Senevirathne’s suggestion with saying that the house belonged to him and that he did not want to live with anyone who was having a relationship with other men. Roshan could do nothing but go back to his father’s house, while the woman returned to his house.

A few days later, Roshan came to know that other men had begun to frequent his house and had stolen his poultry. Roshan made a complaint at the police station where he was told by an officer to sort out the ownership of his house with the Divisional Secretary and to lodge a complaint regarding the poultry on the following day. Meanwhile, Roshan heard that the woman had left his house. He went home and changed the locks of the doors and returned to his father’s house.

On April 2, Roshan heard that the woman had broken the locks and entered his house. Based on this news, he went to his house and saw his personal property being loaded onto a tractor. SI Senevirathne and a police constable known as Suranga attached to the same police station were also present. On seeing Roshan, the SI immediately ordered the constable to catch Roshan and assault him. Roshan ran away to his father’s house but, the SI and the constable followed him and assaulted him in front of his father and his neighbours. The constable Suranga held Roshan, which enabled the SI to assault and kick him. Although he was frightened, Roshan’s father asked them the reason for assaulting his son. At that, SI Senevirathne also assaulted Roshan’s father who is 60 years-of-age. After the assault, the two officers took Roshan and his father to the Hikkaduwa Police Station and put them in a cell.

After a while SI Senevirathne took Roshan out of the cell, pushed him into the floor and hit his head several times. Thereafter he made him to lie face down while the SI got on the top of his body and assaulted him with his fists and boots. Meanwhile, constable Suranga assaulted the sole of Roshan’s feet with a chain which looked like a bicycle chain. They assaulted him for about 15 minutes before returning him to the cell.

Thereafter Roshan and his father were taken to the Arachchikanda hospital where the doctor asked Roshan’s father if he was under the influence of liquor. Roshan’s father denied it and said that he did not take liquor or cigarettes since he had a heart problem. He further told the doctor that they were assaulted by police. Then, the doctor asked the SI if both were in the same case. The SI stated that they were two separate cases. However, the doctor did not test or examine Roshan and his father but wrote something and gave it to the SI.

Then, the SI took Roshan and his father to the place where the woman was living and made them stand on the road in front of her house, scolding loudly saying, “Look!, Both father and son are handcuffed”. The SI also slapped Roshan several times. Then, he took them to the police station where he brought a ‘ganja‘  and forcibly took Roshan’s finger print on it.

Roshan was forced to sign a paper in which admitted his being in possession of ‘ganja’ and he was not allowed to read what he signed. On April 3, Roshan was called before the OIC of the Hikkaduwa Police Station to whom Roshan had explained what had happened. The OIC then indicated, “This is a typical case of our fellows. I will try to do something about it.” In the meantime, Roshan’s father was charged for acting under the influence of liquor and produced before the Magistrate Court Galle and bailed. He was informed by the police to be present before the court on April 8.

Roshan later was produced before the Magistrate’s Court in Galle where he was released on bail. After being given bail, Roshan was admitted to Karapitiya hospital to receive medical treatment for the wounds caused by the police assault. The Judicial Medical Officer (JMO) from the hospital examined him and hospital police recorded a statement from him. Roshan was discharged on April 5.

On April 6, Roshan complained of the incident to the Senior Superintendent of Police, Galle and to the OIC Hikkaduwa Police Sation.

On April 8, Roshan’s father attended the court as instructed by the police but found there was no such case on the given date. Roshan’s father also complained of this to the OIC of Hikkaduwa who instructed a police officer to give the correct date without harassing people. Roshan’s father is now suffering from severe body pains due to the police assault.

SUGGESTED ACTION:
Please write to the local authorities listed bellow and demand urgent intervention in this case so that those responsible are prosecuted and punished according to law in accordance with international norms and standards.

Please be informed that the AHRC has also written a separate letter to the UN Special Rapporteur on the Question of Torture calling for an intervention in this case.

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

SAMPLE LETTER

Dear________,

SRI LANKA: Police fabricate charges against two men after assault on his private matter

Name of victims: 
1. Muthuwahennadi Roshan Koitex, 34; fisherman; residing at No. 57, Thuduwegodawela, Hikkaduwa 
2. Muthuwahennadi Harrison alias Tennyson, 60 (victim 1’s father)
Names of alleged perpetrators: Sub Inspector Sanjeeva Senevirathne, Police Constable Suranga, Officer In Charge (OIC) Hikkaduwa Police Station
Date of incident: 2 April 2008
Place of incident: both were assaulted in victim 2’s house; Roshan was beaten in Hikkaduwa Police Station, Galle District I, Galle Division, Sabaragamuwa Range

I am writing this letter with my deep concern about the case of two men, who were arbitrarily arrested, detained in police custody and assaulted  over a private affair of one of the assaulting police men. Subsequently the two men were falsely charged by the two police officers attached to the Hikkaduwa Police Station

According to the information that I have received, Sub Inspector (SI) Sanjeeva Senevirathne and Police Constable Suranga assaulted Roshan and his father at the time of arrest and detained them without warrant in police custody on 2 April 2008. From the information that I have received, while Roshan and his father were kept in the custody, the SI and the constable Suranga took Roshan outside and assaulted him. The SI pushed him on the floor and assaulted him thoroughly while constable Suranga assaulted the sole of Roshan’s feet with a chain for about 15 minutes. Then they got his fingerprint on a ‘ganja’ cigarette (illegal cigarette), which the SI brought.

When Roshan and his father was taken to Arachchikanda hospital, they alleged that even though they  told the doctor that they was beaten by the police, the doctor neither examined them nor provided proper treatment for them. Instead the doctor  wrote something and gave it to the SI. On same day, Roshan was forced to sign a paper, which admitted him being in possession of ‘ganja’ and he was not allowed to read it. Roshan also claimes that when Roshan informed this incident of the OIC of the police station on April 3, the OIC said, ‘This is a typical case of our fellows. I will try to do something about it.’

I am aware that Roshan and his father were released on bail after being produced before the Magistrate Court Galle and Roshan was admitted to Karapitiya hospital to get treatment for the injuries sustained as a result of the police assault. There the Judicial Medical Officer took his statement and discharged him on April 5. I am also aware that Roshan and his father informed about this incident to several government authorities.

Accordingly, I urge you to thoroughly investigate the assault of the two men at the time of arrest and of Roshan while he was in police custody of Hikkaduwa Police Station and this case be dealt with under the CAT Act. No 22 of 1994, which says that ‘a person guilty of an offence shall on conviction after trial by the High Court be punishable with imprisonment not less than seven years and a fine not less than ten thousand rupees so that those responsible are properly prosecuted and punished. Impartial investigation against the fabrication of charges against Roshan and his father should be conducted without delay and accordingly, their charges should be dropped.

I also urge that the government has to provide proper redress, including medical treatment and rehabilitation from the torture, which it has an obligation according to domestic law compatible with the International Covenant on Civil and Political Rights (ICCPR) and Convention against Torture, other cruel or inhuman punishment or treatment (CAT) in which it is a state party to.

I take this opportunity to draw your attention to the fact of how the police in the country appear to misuse and abuse their power even in a case of private matter. This practice by the police appears to be rampant as indicated by the OIC of the police station. However it appears to have not been addressed so far. In this regard, I finally call upon you to take necessary steps to ensure any police officer who violate due process or misuses and abuses their power are properly punished and provide effective remedies to the victims.

I trust that you will take genuine steps and show your sincerity to address this case for the benefit of not only your citizens but also the police.

Yours sincerely,

____________________

PLEASE SEND YOUR LETTERS TO:

1. Mr. C.R. De Silva 
Attorney General 
Attorney General’s Department 
Colombo 12 
SRI LANKA 
Fax: +94 11 2 436 421
E-mail: ag@attorneygeneral.gov.lk

2. Mr. Victor Perera
Inspector General of Police
New Secretariat 
Colombo 1
SRI LANKA 
Fax: +94 11 2 440440/327877
E-mail: igp@police.lk

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 or polcom@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)

Document Type : Urgent Appeal Case
Document ID : AHRC-UAC-101-2008
Countries : Sri Lanka,
Issues : Arbitrary arrest & detention, Police violence,