Dear friends,
The Asian Human Rights Commission (AHRC) has detailed information on the murders of two innocent people; one who was illegally arrested, tortured and killed, and the other who was willing to be the witness to the first murder. Liyanarachchilage Samantha (34) of Viharagala, Suriyawewa in the Hambantota District was illegally arrested and severely tortured on 19th February 2015 by a group of police officers attached to the Suriyawewa Police Station. He was detained at the police station and later admitted to the Suriyawewa Government Hospital. Due to his intense injuries he was transferred to the Hambantota General Hospital where he died on 22nd February. ( Photograph curtsey- adaderana.lk)
Relatives lodged a complaint with the upper echelons of the police command. They initiated an inquiry in which three eye witnesses gave their statements. As the witnesses were on their way home by a trishaw, a van crashed into them, resulting in the death of one and injury to the other two. Later, police revealed that the van was driven by police officers attached to the Ambalantota Police Station. Presently the victims’ families and the witnesses’ families are in danger and seeking protection for their lives.
This case is symbolic of the crisis that now faces the Sri Lankan police force. A lack of accountability and professionalism has allowed extra-judicial punishment to become the standard. Six junior ranking police officers connected to the case have been arrested, remanded and prohibited from carrying out their duties. But, the Officer-in-Charge (OIC) of the Suriyawewa Police Station is free and at large. Once a credible independent investigation has uncovered how and why these events had taken place, effective reforms must be brought into force.
CASE NARRATIVE:
1st incident- murder of an innocent person after an illegal arrest and severe torture by police
According to information received by the Asian Human Rights Commission (AHRC), the victim, Liyanarachchilage Samantha (34), father of three children of Viharagala, Suriyawewa in the Hambantota District was illegally arrested by a group of six police officers attached to the Suriyawewa Police Station on 19th February 2015. At the time of his arrest he was severely tortured in public by the officers before being brought to the Suriyawewa Police Station and detained.
Later the next morning, Samantha was admitted to the Suriyawewa Government Hospital for evaluation. After examination, his case was deemed urgent, and the hospital authorities transferred him to the Hambantota General Hospital for treatment where he succumbed to his injuries on 22nd of February 2015.
At Hambantota General Hospital, the Judicial Medical Officer (JMO) performed a post-mortem on Samanthathe, giving his findings that the victim died due to internal injuries from the assault.
2nd incident- Murder of a witness to the crime
Following Samantha’s death, his relatives lodged a complaint with high ranking police authorities in the area. This included the Superintendent of Police (SP), Tangalle, who initiated an inquiry into the case under a special team led by Assistant Superintendent of Police (ASP) T.B. Jayasundara.
During the inquiry, three eye witnesses gave statements and were willing to identify the responsible police officers. Early morning on 23 February, the witnesses left the police compound and were traveling home, by trishaw, on Sooriyawewa-Hambantota road. They were assaulted by a group of policemen and involved in an ensuing dispute. Later, a van driven by a police constable from the Ambalalntota Station, crashed into their trishaw. This resulted in the death of one witness and the injuring of the other two who required treatment and were admitted to hospital for examination. All three men were eye witnesses to the murder of Samantha and their statements were recorded by the police several hours before the fatal traffic incident.
Police later revealed that the police constable responsible for the fatal collision had been arrested, produced before the Magistrate of Tangalle and later remanded until 6 March 2015.
The witness who was killed was seventy year old, J. Jayadasa of Viharagala, Suriyawewa in Hambantota District. In his police statement, Jayadasa was the witness who claimed that the assailants could be pointed out at in an identification parade.
During the investigation, police arrested six police personnel attached to the Suriyawewa Police Station. They were produced before the Magistrate of Hambantota and remanded until the 4th of March 2015.
After some time, the police authorities suspended these officers who were connected to the death of the victim while in police custody.
The remanded and interdicted officers were Police Sergeant (PS) 54471, Priyantha Kulatunga, Police Constables (PC) 35079 Shaminda Prabhath, Police Constables (PC) 38261 J.Chandana, Police Constables (PC) 40720 Sunil Shantha, Police Constables (PC) 39716 K.Sampath Peiris, and Police Constables (PC) 61985 Sisira Pushpakumara. According to Departmental Orders it is the Officer-in-Charge of the police station who is responsible for ordering and supervising the duties of the junior officers. Up until now, the OIC of Suriyawewa has not been arrested, or suspended for his part in this crime.
An order by the Magistrate of Hambantota was made that the suspects be produced in an identification parade on March 4 2015.
Again, after some time had passed, the police issued a media statement admitting the arrest of the deceased. They further stated that they had arrested the deceased on suspicion of possessing illicit liquor.
Presently, family members, of both the victim and the witnesses, their relatives and neighbors of the victims are living in fear for their lives and are seeking proper protection for themselves.
SUGGESTED ACTION:
Please call for a thorough, legitimate investigation into these two cases and for those proven responsible to be brought before a court of law. An investigation would need to examine the lack of protection and support extended to a family and a witness under threat. Such protection must now be promptly provided. Please also call for the Human Rights Commission of Sri Lanka to independently investigate the case, particularly the roles of the high-ranking police officers in the district.
The AHRC has written to the Special Rapporteur on Extra-judicial, Summary or Arbitrary Executions informing him of this case.
To support this case, please click here: SEND APPEAL LETTER
SAMPLE LETTER
Dear __________,
SRI LANKA: An independent investigation needs to be carried out on a torture killing by the police and the murder of the witness to the crime
Name of victim: Liyanarachchilage Samantha of Viharagala, Suriyawewa in the Hambantota District
Name of alleged perpetrators:
1) OIC Police Station Suriyawewa
2) Police Sergeant 54471PriiyanthaKulatunga
3) Police Constables 35079 Shaminda Prabhath
4) PC 38261 J.Chandana
5) PC 40720 Sunil Shantha
6) PC 39716 K.Sampath Peiris
7) PC 61985 Sisira Pushpakumara
Date of incident: 19th February 2015
Place of incident: Viharagala, Suriyawewa in the Suriyawewa Police Division
I am writing to voice my deep concern over the case of the victim, Liyanarachchilage Samantha (34), father of three children of Viharagala, Suriyawewa in the Hambantota District was illegally arrested by a group of six police officers attached to the Suriyawewa Police Station on 19th February 2015. At the time of his arrest he was severely tortured in public by the officers before being brought to the Suriyawewa Police Station and detained.
Later the next morning, Samantha was admitted to the Suriyawewa Government Hospital for evaluation. After examination, his case was deemed urgent, and the hospital authorities transferred him to the Hambantota General Hospital for treatment where he succumbed to his injuries on 22nd of February 2015.
At Hambantota General Hospital, the Judicial Medical Officer (JMO) performed a post-mortem on Samanthathe, giving his findings that the victim died due to internal injuries from the assault.
2nd incident- Murder of a witness to the crime
Following Samantha’s death, his relatives lodged a complaint with high ranking police authorities in the area. This included the Superintendent of Police (SP), Tangalle, who initiated an inquiry into the case under a special team led by Assistant Superintendent of Police (ASP) T.B. Jayasundara.
During the inquiry, three eye witnesses gave statements and were willing to identify the responsible police officers. Early morning on 23 February, the witnesses left the police compound and were traveling home, by trishaw, on Sooriyawewa-Hambantota road. They were assaulted by a group of policemen and involved in an ensuing dispute. Later, a van driven by a police constable from the Ambalalntota Station, crashed into their trishaw. This resulted in the death of one witness and the injuring of the other two who required treatment and were admitted to hospital for examination. All three men were eye witnesses to the murder of Samantha and their statements were recorded by the police several hours before the fatal traffic incident.
Police later revealed that the police constable responsible for the fatal collision had been arrested, produced before the Magistrate of Tangalle and later remanded until 6 March 2015.
The witness who was killed was seventy year old, J. Jayadasa of Viharagala, Suriyawewa in Hambantota District. In his police statement, Jayadasa was the witness who claimed that the assailants could be pointed out at in an identification parade.
During the investigation, police arrested six police personnel attached to the Suriyawewa Police Station. They were produced before the Magistrate of Hambantota and remanded until the 4th of March 2015.
After some time, the police authorities suspended these officers who were connected to the death of the victim while in police custody.
The remanded and interdicted officers were Police Sergeant (PS) 54471, Priyantha Kulatunga, Police Constables (PC) 35079 Shaminda Prabhath, Police Constables (PC) 38261 J.Chandana, Police Constables (PC) 40720 Sunil Shantha, Police Constables (PC) 39716 K.Sampath Peiris, and Police Constables (PC) 61985 Sisira Pushpakumara. According to Departmental Orders it is the Officer-in-Charge of the police station who is responsible for ordering and supervising the duties of the junior officers. Up until now, the OIC of Suriyawewa has not been arrested, or suspended for his part in this crime.
An order by the Magistrate of Hambantota was made that the suspects be produced in an identification parade on March 4 2015.
Again, after some time had passed, the police issued a media statement admitting the arrest of the deceased. They further stated that they had arrested the deceased on suspicion of possessing illicit liquor.
Presently, family members, of the victims and the witnesses, their relatives and neighbors of the victims are living in fear for their lives and are seeking proper protection for themselves.
Although an investigation is now underway and statements from witnesses have been recorded, the conduct of the authorities and the atmosphere of lawlessness leading up to Mr. Samantha’s murder has thrown the independence of any enquiry into doubt. This has been reflected in the fact that OIC Suriyawewa has not been indicted along with the other six junior police officers. This is a common and shockingly insufficient response to a police crime where the commanding officers are responsible for the entire work of the station.
The Human Rights Commission of Sri Lanka must take responsibility for independently investigating this case, and the role and responsibility of the high-ranking police officers in the district.
An investigation would also need to examine the lack of protection and support extended to a witness and his family under threat. Such protection, it goes without saying, must be provided promptly.
This case is symbolic of the crisis that now faces the Sri Lankan police force, where a lack of accountability and professionalism has allowed extrajudicial punishment to become the standard. Once a credible independent investigation has uncovered how these events were possible, effective reforms must be brought into force.
Yours sincerely,
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PLEASE SEND YOUR LETTERS TO:
Mr. N.K. Illangakoon
Inspector General of Police (IGP),
New Secretariat,
Colombo 1,
SRI LANKA
Fax: +94 11 2 440440
Email: com@police.lk
Mr. Yuvanjana Jawaharlal Wanasundera Wijayatilake, PC
Attorney General
Attorney General’s Department,
Colombo 12,
SRI LANKA
Fax: +94 11 2 436421
Chief Justice,
Office of the Chief Justice of the Supreme Court of Sri Lanka
Superior Courts Complex,
Colombo-12,
SRI LANKA
Fax: +94-11-2437534
Secretary,
National Police Commission,
3rd Floor Rotunda Towers,
109 Galle Road,
Colombo 03,
SRI LANKA
Tel/Fax: +94 11 2 395960
Email: polcom@sltnet.lk
Secretary,
Human Rights Commission of Sri Lanka,
No 108 Barnes Place,
Colombo 07
SRI LANKA
Tel: 
+94 11 2 694 925 / 673 806
Fax: +94 11 2 694 924 / 696 470
Email: sechrc@sltnet.lk
Thank you.
Urgent Appeals Programme
Asian Human Rights Commission (ua@ahrc.asia)
