SRI LANKA: Police refuse to conduct criminal investigation due to political influence

Dear friends,

The Asian Human Rights Commission (AHRC) has received information that Mr. J M Piyathilaka, who is a social activist and a member of the Justice of the Peace (JP.), was assaulted in public by three people at a restaurant at Jaffna Junction in Anuradhapura on 21 February 2015. He lodged a complaint at Police Headquarters of Anuradhapura which was accepted. Later, for five days, he received treatment as an in-patient in the Teaching Hospital of Anuradhapura. Irrespective of repeated calls from the victim, the police refused to investigate the crime. The reason seems to be the connection of the suspects to a powerful political person in the area. Lives of the victim and witnesses are in danger. 

The Asian Human Rights Commission requests the state of Sri Lanka to take all measures to implement its obligations in the UN Human Rights Conventions it has signed. This can be done by protecting the fundamental rights of all citizens, by respecting their rights contained in the Constitution which gives meaning to the dignity of each member of society. 

This case is yet another example that demonstrates the collapse of the rule of law in Sri Lanka.

CASE NARRATIVE:

Recently, the Asian Human Rights Commission (AHRC) received information about a case in Sri Lanka where police are refusing carry out their duties by investigating a crime under the law. 

Mr. J M Piyathilaka of No: 260/2, Malwatte Road, Jaya Wewa, Jaffna Junction, Anuradhapura in Anuradhapura District is a small-scale truck farmer by profession as well as a philanthropist in the area. He is also a Justice of the Peace appointed by the Ministry of Justice. He is respected for his involvement in giving socio-economic assistance to the people around him. Piyathilaka played a pivotal role in protecting and promoting the rights of the local citizens. He is an active member of civil society who arranged several activities defending human rights. 

In the last few months, Piyathilaka and his assistants worked hard to build a statute of the God Pullaiyar (Commonly known as God Ganapathi) in close vicinity to the Jaffna Junction in Anuradhapura. In March 2015 they completed the work and scheduled a ceremony with religious rituals to present the statue to the public. This was a joint effort by hundreds of volunteers.

On 21st February 2015, as Piyathilaka was having dinner at a restaurant at the Jaffna Junction, three people he knew, dressed in civilian clothes, approached him. They questioned him about the opening ceremony scheduled to be held in several days. Piyathilaka answered all the questions they raised. Then they inquired as to why he did not invite the newly appointed minister and the member of the parliament from the Anuradhapura District.  Piyathilaka said that this is a religious ceremony for the new statue of a God. The money for construction was given by the devotees in the area. Furthermore, he is only one among several hundred people who arranged the ceremony.  He, therefore, cannot decide these things alone. So it was a group decision to decline to invite the politician and the minister for the opening dedication as it was not a governmental occasion.

With this, the three people started to shout at him using foul language and started to kick and beat him with their fists.  After a few minutes of beating, Piyathilaka fell to the ground but the assault continued. They warned Piyathilaka about future harassments and made threats to his life.

With the assistance of his neighbors, Piyathilaka went to Police Headquarters in Anuradhapura. He lodged a complaint promptly and requested the police to investigate the case and bring the culprits to justice. Piyathilaka and his neighbors informed the officers that there were several eye witnesses to the assault. They were ready to give evidence regarding the crime, requesting the police to record their statements.

Because of his injuries, Piyathilaka, again accompanied by his neighbors, was admitted to the Anuradhapura Teaching Hospital for treatment. He remained there for 5 days as an in-patient, being discharged on 26 of February.  Piyathilaka asked the police what follow-up there was on the complaint that he made. He learned that there was no progress. This could be attributed to undue influence by a powerful politician in the area.

Piyathilaka states that the police are ignoring their duties with regard to the criminal investigation which is vested with them under the Criminal Procedure Code of No: 15 of 1979. He stated that the police have intentionally disobeyed. They did not comply with Police Departmental Orders on crime investigation and arresting suspects. Victims and witnesses in this case have not been provided with police protection.

According to Piyathilaka, he has given clear, credible, adequate and appropriate evidence regarding the identity of the suspects who are responsible for his assault. Apart from this incident, Piyathilaka said that several other crimes were committed by this same group of people. They are at large without any legal action taken against them—all due to political patronage which backs them. None of these crimes are being investigated. The local residents are afraid of this group.  They are frightened to even make a complaint against them. This is again factual evidence of the collapse of the rule of law in the area. 
Piyathilaka demanded a prompt, effective, impartial and independent investigation by a competent authority regarding his complaint. He further requested protection for himself and all the witnesses to the incident. Ultimately he demanded justice against the culprits with protection of the law ensured for all residents of the area.

The Asian Human Rights Commission requests the State of Sri Lanka to take effective measures to implement its obligations regarding the UN Human Rights Conventions it has signed.  This can be accomplished by providing protection for the fundamental rights of every citizen while respecting and giving meaning to the rights enshrined in the Constitution of the land. 

SUGGESTED ACTION:
Please request the authorities to prosecute those proven to be responsible for misusing the powers of the state. All officers involved must be subject to internal investigations for breach of departmental orders. Request the NPC and the IGP to conduct a special investigation into the malpractices of the police officers for abuse of power.

Please note that the AHRC has also written a separate letter to the UN Special Rapporteur on the Situation of Human Rights Defenders in this regard.

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