Dear Friends,
According to information received by the Asian Human Rights Commission, Mr. Neil Silva an owner of a hotel in Kandy has been illegally arrested, detained and produced before the Magistrate of Kandy on fabricated charges by the police officers attached to the Peradeniya Police Station on 3rd December 2015. Mr. Neil Silva states that the Assistant Agrarian Services Commissioner of the Central Province abusing her powers used the Peradeniya police to arrest and incarcerate him on false charges. The victim’s repeated request for an impartial inquiry into the incident, which was done in blatant violation of his rights, has been continuously denied.
CASE NARRATIVE:
Mr. M.W. Neil Silva is the owner of the Dilana Hotel, on Muruthalawa Road, Aladeniya, in Werellagama in the District of Kandy. According to his narrative, Mr. Neil Silva had approached the Assistant Agrarian Services Commissioner’s Office in Kandy on Wednesday 2 December 2015, and requested a meeting with the Regional Agricultural Officer to submit a request for a certificate of utility to use as parking area a part of his own land adjoining the hotel premises. Following a long wait at the office he was given an opportunity to meet instead with the Assistant Agrarian Services Commissioner of the Central Province, whom he identified as Mrs. Weerakoon.
At this meeting, Mr. Silva had submitted the paper work and explained to Mrs. Weerakoon, about this request and inquired from her about the procedure in obtaining a certificate of utility to use part of his own land as a parking area for guests of the hotel. He had also explained to her that although part of the said land is low-lying wetland and the rest is on high ground.
Mrs. Weerakoon had then explained to him the procedure of obtaining such a certificate and, as a first step, she had requested the submission of a formal application along with the annexed documents. Neil Silva agreed and duly submitted the filled application along with the certified documents, especially the certified copy of the title of the deed pertaining to the said land. He was asked to submit the receipts of the payment for the land taxes for the land. He was able to submit these receipts as those were issued to him for previous several years. While submitting his completed application along with all necessary annexures Neil Silva further explained that any officer also could have a scene visit of the place for an inspection.
The officer mentioned that according to the Citizen’s Charter of the Sri Lanka Administrative Service under the Ministry of Public Administration and Management, to which all the State officers are bound, his application will be considered and if the application has merits, the certificate will be issued within a 30-minute time. Therefore, Neil Silva decided to wait for the next 30 minutes to receive the outcome of his application and, if positive, collect it.
At the end of waiting time Neil Silva inquired from the officers about the result of his application. Then the officer informed him that they are refusing to issue the certificate.
Then he humbly inquired from the officers for the reason for the refusal. But the officers did not respond. Then he again queried the officers whether there is any defect or insufficient reason or fact in favor of his application. But the officers did not reply.
Then the officers directed Neil Silva again to the Assistant Commissioner. When Neil Silva requested thereason for refusing his certificate, the Commissioner abruptly respond that they are not issuing the certificate and there is no necessity for giving the reason whatsoever.
Then Neil Silva responded to the Commissioner that every state officer is bound by the fundamental principle of the rule of law and administrative law, which binds every officer to give the reasoning for his/or own decision. He further explained to the officer that if she is not giving reasoning and acting arbitrarily then her action is illegal, discriminative, capricious, unreasonable, and injudicious. He further mentioned that on that basis, he is seeking the intervention of Sri Lanka Human Rights Commission (HRCSL) to get justice for him. Then he left the office.
On the 3 December Neil Silva received a telephone call from an unknown number; later the caller identified himself as Inspector of Police (IP) Dharmarathne from the Paradeniya Police Station. The officer, without giving any reasoning requested Neil Silva to come to the Station to give a statement.
Neil Silva arrived the Police Station by 10:30 a.m. When he informed the officers about his arriva,l the officers approached him and informed him that he is under arrest and is going to be produced before the Magistrate’s Court of Kandy. Then Neil Silva questioned the officers the reason for his arrest. But the officers did not give any reason. He observed that the arresting officers are executing their duties with undue influence and with extra-necessity beyond the law.
After the arrest, the officers handcuffed him while he was inside the Police Station. Then he was put in a cell but still he was handcuffed. Later he was produced before the Kandy Magistrate’s Court. But at no time in police custody was he given the reason for arrest. He was not shown any police complaint which was recorded against him. He did not see any complainant or witness who is giving reasoning or making any reasonable material suspicion that could provide any justifiable ground for his arrest. Even at the Magistrate’s Court he was not informed the reason for filing of case against him. But, at the end, he learned that the Magistrate had remanded him. Then he was brought to the Dumbara-Bogambara Remand Prison for detention. While he was detained in remand prison he was handcuffed. Neil Silva understood that the officers kept his hands cuffed to harass him as punishment to fulfill the whims and fancies of somebody else.
Later, again, he was produced in court on the 4 December and was granted bail with Rs. 10,000 financial sureties and two personal sureties.
After coming home, Neil Silva inquired for the reason for his arrest. Then he learned that Mrs. Weerakoon has made complaint against him on 2 December 2015. But Neil Silva states that police officers never showed him any complaint made against him. Further the officers did not ask any explanation for any incident which can be considered as committing a crime under the criminal law of the country. The officers did not make any inquiry or interrogation stipulated under the criminal procedure code of the country.
Therefore, he states that he was illegally arrested, detained, and produced before the Magistrate with fabricated charges. He later learned that the officers of Peradeniya Police Station are friendly with Mrs. Weerakoon and have acted to fullfill her whims and fancies. He seeks justice against the illegal action of the police officers and wants the guarantee of the fundamental rights mentioned in the Constitution of the country.
The victim has made complaint to the Sri Lanka Human Rights Commission and the higher police authorities seeking an investigation against his rights violations. Still, he has not been informed about any investigation conducted.
SUGGESTED ACTION:
Please request the authorities to take disciplinary action against those police officers responsible for the arbitrary arrest and detention without evidence or investigation. Please also request the National Police Commissioner and the Inspector General of Police to conduct an investigation into the actions of the police officers and the supervising OIC for his failure to administer his duties properly. Please call on the relevant authorities to provide adequate relief and justice to Mr Neil Silva.
To support this case, please click here: SEND APPEAL LETTER
SAMPLE LETTER
Dear ………………..,
SRI LANKA: Hotel owner illegally arrested and incarcerated on fabricated charges
Name of the victim: Mr. M.W. Neil Silva, Dilana Hotel, Muruthalawa Road, Aladeniya, Werellagama, Kandy District
Alleged perpetrators: Officer-in-Charge of Peradeniya Police Station, Kandy
Date of incident: 3rd December 2015
Place of incident: Peradeniya Police Division
I am writing to express my serious concern about the case of Mr. Neil Silva who is an owner of a hotel in Kandy and who has been illegally arrested, detained and produced before the Magistrate of Kandy on fabricated charges by the police officers attached to the Peradeniya Police Station on 3rd December 2015. According to information I have received Mr. Neil Silva states that the Assistant Agrarian Services Commissioner of the Central Province abusing her powers used the Peradeniya police to arrest and incarcerate him on false charges. The victim’s repeated request for an impartial inquiry into the incident, which was done in blatant violation of his rights, has been continuously denied.
Mr. M.W. Neil Silva is the owner of the Dilana Hotel, on Muruthalawa Road, Aladeniya, in Werellagama in the District of Kandy. According to his narrative, Mr. Neil Silva had approached the Assistant Agrarian Services Commissioner’s Office in Kandy on Wednesday 2 December 2015, and requested a meeting with the Regional Agricultural Officer to submit a request for a certificate of utility to use as parking area a part of his own land adjoining the hotel premises. Following a long wait at the office he was given an opportunity to meet instead with the Assistant Agrarian Services Commissioner of the Central Province, whom he identified as Mrs. Weerakoon.
At this meeting, Mr. Silva had submitted the paper work and explained to Mrs. Weerakoon, about this request and inquired from her about the procedure in obtaining a certificate of utility to use part of his own land as a parking area for guests of the hotel. He had also explained to her that although part of the said land is low-lying wetland and the rest is on high ground.
Mrs. Weerakoon had then explained to him the procedure of obtaining such a certificate and, as a first step, she had requested the submission of a formal application along with the annexed documents. Neil Silva agreed and duly submitted the filled application along with the certified documents, especially the certified copy of the title of the deed pertaining to the said land. He was asked to submit the receipts of the payment for the land taxes for the land. He was able to submit these receipts as those were issued to him for previous several years. While submitting his completed application along with all necessary annexures Neil Silva further explained that any officer also could have a scene visit of the place for an inspection.
The officer mentioned that according to the Citizen’s Charter of the Sri Lanka Administrative Service under the Ministry of Public Administration and Management, to which all the State officers are bound, his application will be considered and if the application has merits, the certificate will be issued within a 30-minute time. Therefore, Neil Silva decided to wait for the next 30 minutes to receive the outcome of his application and, if positive, collect it.
At the end of waiting time Neil Silva inquired from the officers about the result of his application. Then the officer informed him that they are refusing to issue the certificate.
Then he humbly inquired from the officers for the reason for the refusal. But the officers did not respond. Then he again queried the officers whether there is any defect or insufficient reason or fact in favor of his application. But the officers did not reply.
Then the officers directed Neil Silva again to the Assistant Commissioner. When Neil Silva requested the reason for refusing his certificate, the Commissioner abruptly respond that they are not issuing the certificate and there is no necessity for giving the reason whatsoever.
Then Neil Silva responded to the Commissioner that every state officer is bound by the fundamental principle of the rule of law and administrative law, which binds every officer to give the reasoning for his/or own decision. He further explained to the officer that if she is not giving reasoning and acting arbitrarily then her action is illegal, discriminative, capricious, unreasonable, and injudicious. He further mentioned that on that basis, he is seeking the intervention of Sri Lanka Human Rights Commission (HRCSL) to get justice for him. Then he left the office.
On the 3 December Neil Silva received a telephone call from an unknown number; later the caller identified himself as Inspector of Police (IP) Dharmarathne from the Paradeniya Police Station. The officer, without giving any reasoning requested Neil Silva to come to the Station to give a statement.
Neil Silva arrived the Police Station by 10:30 a.m. When he informed the officers about his arriva,l the officers approached him and informed him that he is under arrest and is going to be produced before the Magistrate’s Court of Kandy. Then Neil Silva questioned the officers the reason for his arrest. But the officers did not give any reason. He observed that the arresting officers are executing their duties with undue influence and with extra-necessity beyond the law.
After the arrest, the officers handcuffed him while he was inside the Police Station. Then he was put in a cell but still he was handcuffed. Later he was produced before the Kandy Magistrate’s Court. But at no time in police custody was he given the reason for arrest. He was not shown any police complaint which was recorded against him. He did not see any complainant or witness who is giving reasoning or making any reasonable material suspicion that could provide any justifiable ground for his arrest. Even at the Magistrate’s Court he was not informed the reason for filing of case against him. But, at the end, he learned that the Magistrate had remanded him. Then he was brought to the Dumbara-Bogambara Remand Prison for detention. While he was detained in remand prison he was handcuffed. Neil Silva understood that the officers kept his hands cuffed to harass him as punishment to fulfill the whims and fancies of somebody else.
Later, again, he was produced in court on the 4 December and was granted bail with Rs. 10,000 financial sureties and two personal sureties.
After coming home, Neil Silva inquired for the reason for his arrest. Then he learned that Mrs. Weerakoon has made complaint against him on 2 December 2015. But Neil Silva states that police officers never showed him any complaint made against him. Further the officers did not ask any explanation for any incident which can be considered as committing a crime under the criminal law of the country. The officers did not make any inquiry or interrogation stipulated under the criminal procedure code of the country.
Therefore, he states that he was illegally arrested, detained, and produced before the Magistrate with fabricated charges. He later learned that the officers of Peradeniya Police Station are friendly with Mrs. Weerakoon and have acted to fullfill her whims and fancies. He seeks justice against the illegal action of the police officers and wants the guarantee of the fundamental rights mentioned in the Constitution of the country.
Mr Silva has also made complaint to the Sri Lanka Human Rights Commission and the higher police authorities seeking an investigation against his rights violations and still, he has not been informed about any investigation conducted.
I therefore request your good offices to intervene to call for immediate disciplinary action to be taken against those police officers responsible for the arbitrary arrest, detention, and filing fabricated charges against Neil Silva. I also urge the National Police Commission and the Inspector General of Police to conduct an investigation into the actions of the police officers and the supervising OIC for his failure to properly administer his duties. Please intervene in providing adequate relief and justice to the victim Neil Silva.
Yours Sincerely,
PLEASE SEND YOUR LETTERS TO:
1. Mr. Pujith Jayasundara
Inspector General of Police
New Secretariat
Colombo 1
SRI LANKA
Fax: +94 11 2 440440
Email: com@police.lk
2. Mr. Jayantha Jayasooriya, PC
Attorney General
Attorney General’s Department
Colombo 12
SRI LANKA
Fax: +94 11 2 436421
Email: administration@attorneygeneral.gov.lk
3. 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
4. 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)
