Dear friends,
The Asian Human Rights Commission (AHRC) has received information about an arbitrary arrest, faulty police procedure and fabricated charges by the Panadura North police. The case highlights the way in which a person with a criminal conviction, once in the sight of police, can become a convenient target for fabricated charges in other investigations. It also highlights the need for magistrates to accept a stronger role in protecting civilians’ rights by taking a more critical approach to the police.
In this case a man spent more than a month in detention without being told of the charges against him, only to find that they related to a past case that he had been released from. His wife was also briefly jailed for no reason. Though he was released again last year the victim has reported more threats of arrest from police. This is the latest in a series of violations being reported from the Padadura North police station, where it appears the misuse of power remains unaddressed.
Please join us in our call for sweeping police reforms in the country and for greater judicial responsibility.
CASE NARRATIVE:
Welisarage Ajith Prasanna Silva is a 44-year-old labourer and is married with four children. According to information he has provided, he was arrested in November 2004 by the Modara police. Although he admitted to selling stolen jewelry and received a fine and a suspended five-year sentence (case No. 37019), he denied theft charges. He was kept in remand for about a month and a half before the other charges were withdrawn by police. However he learned that the same charges were taken against another man, Hannedige Amith Prasanna Soyza, who had pleaded innocent and whose case continued.
Close to the end of Silva’s suspended sentence, on 21 June 2009, Panadura North police officers arrived at his house, claiming that there was a warrant against him. He was not at home and officers arbitrarily arrested his wife. After Silva went to find her at the station he was also arrested, and both were produced at the Panadura Magistrate Court the next day, upon which his wife was released. Neither had been told what the charges against them were, and they were not able to hear or understand the proceedings in the court.
Silva was remanded until 1 July 2009 and produced in court again. He was remanded for another week and produced again on 8 July, when he was remanded until 22 July. He had still not had the charges against him explained.
On 22 July his lawyer was able to present the previous case report (No. 37019), and to inform the magistrate that his client had been arrested and imprisoned on charges that had been dropped years earlier, during which he had appeared before that same court. Yet the magistrate deferred to the police and Silva was remanded again. He believed that he was being produced before the court instead of Soyza, and that the police were willfully misleading the judiciary.
On 30 July, after Silva had been detained for 40 days, we are told that the court accepted the lawyer’s claim. The magistrate ruled that he had been punished for a crime he had not committed, and conveyed regret. However this was not substantiated by action. The magistrate did not exercise their right to direct a senior police officer to investigate the mis-prosecution, and file charges against the relevant police officers. No officers were held responsible and Silva returned home.
Then in October 2009 officers from the Panadura North police arrived again at Silva’s house, claiming that there was a warrant against him for the same charges. He was not at home and his wife was instructed to tell him to present at the police station. He has not done so, and remains in fear of further fabricated charges. He believes that they are still related to the police officers’ failure to take a case against Soyza.
With the help of a local NGO Silva has written to various authorities to urge legal and disciplinary action against the relevant officers at Panadura North police station. Please find other examples of other rights and procedural violations at this station by going to the Urgent Appeal home page and typing ‘Panadura North’ into the search inbox. Among them you will find: A man is beaten by Panadura police but denied a judicial remedy, http://www.ahrchk.net/ua/mainfile.php/2010/3449/ and Panadura North Police fabricate charges against a man, who is later tortured by Kalutara prison guards http://www.ahrchk.net/ua/mainfile.php/2009/3242/, which are both yet to be resolved.
This case is also one of many to illustrate the uncomfortably close alliance that has formed between magistrates and police officers. We urge that such magistrates begin to act strongly, critically and independently in cases of perceived police violations, to better protect vulnerable civilians and reduce police confidence in impunity.
SUGGESTED ACTION:
Please write to the authorities listed below calling for an investigation into this illegal arrest and abuse of the judicial system, along with the general operation of the Panadura North Police, to ensure that the victim is compensated and protected from further harassment via the law. Please also urge the Sri Lankan judiciary to act strongly on cases in which police have misled the judiciary and misused their authority.
The AHRC has also sent this case to the Special Rapportuer on the independence of judges and lawyers.
To support this case, please click here: SEND APPEAL LETTER
SAMPLE LETTER
Dear __________,
SRI LANKA: Panadura North Police mislead the judiciary and detain a man for forty days
Name of victim:
Welisarage Ajith Prasanna Silva is a 44-year-old labourer, and is married with four children, occupation laborer, resides at 23, Sagabo Mawatha, Keselwatta, Panadura.
Alleged perpetrators:
Officers working at Panadura North Police Station, Panadura Division
Date of incident: 21 June 2009
Place of incident: Panadura
I am writing to voice my deep concern regarding an illegal arrest, faulty police procedure and fabricated charges related to Pandaura North police. I believe that this case highlights the way in which person with prior criminal convictions, once in the sight of police, can become convenient targets for fabricated charges during other investigations. It also highlights the need for magistrates to accept a stronger role in protecting civilians rights by taking a stronger and more critical approach to the police.
According to the information I have been given, Welisarage Ajith Prasanna Silva was arrested in November 2004 by the Modara police. Although he admitted to the offence of selling stolen jewelry and received a fine and a suspended five-year sentence (case No. 37019), he denied theft charges. He was kept in remand for about a month and a half before the other charges were withdrawn by police. However he learned that the same charges were taken against another man, Hannedige Amith Prasanna Soyza, who had pleaded innocent and whose case continued.
Close to the end of Mr. Silva’s suspended sentence, on 21 June 2009, Panadura North police officers arrived at his house, claiming that there was a warrant against him. He was not at home and officers arbitrarily arrested his wife. After Mr. Silva went to find her at the station he was also arrested, and both were produced at the Panadura Magistrate Court the next day, upon which his wife was released. Neither had been told what the charges they were being held for, and they were not able to hear or understand the proceedings in the court.
Mr. Silva was remanded until 1 July 2009 and produced in court again. He was remanded for another week and produced again on 8 July, when he was remanded until 22 July. He had still not had the charges against him explained. On 22 July his lawyer was able to present the previous case report (No. 37019), and to inform magistrate that his client had been arrested and imprisoned on charges that had been previously been dropped, during which he had appeared before that same court.
However the magistrate deferred once more to the police and Silva was remanded again. He believed that he was being produced before the court instead of Hannedige Amith Prasanna Soyza, and that the police were willfully misleading the judiciary.
On 30 July, after Mr. Silva had been detained for 40 days, I am told that the court accepted the lawyer’s claim. The magistrate ruled that he had been punished for a crime he had not committed, and conveyed regret. However this was not substantiated by action; the magistrate did not exercise their right to direct a senior police officer to investigate the misprosecution, and file charges against the relevant police officers. No officers were held responsible and Mr. Silva returned home without redress or compensation.
Then in October 2009 officers from the Panadura North police arrived again at Mr. Silva’s house, claiming that there was a warrant against him for the same charges. He was not at home and his wife was instructed to tell him to present at the police station. He has not done so, and remains in fear of further fabricated charges. He believes that they are related to the police officers failure to take a case against Soyza.
With the help of a local NGO Mr. Silva has written to various authorities to urge legal and disciplinary action against the relevant officers at Panadura North police station.
This case is also one of many to illustrate the uncomfortably close alliance that has formed between magistrates and police officers. We urge that such magistrates begin to act strongly, critically and independently in cases of perceived police violations, to better protect vulnerable civilians, and reduce police confidence in impunity.
An investigation is overdue into this illegal arrest, and into the general operation of the Panadura North Police, to ensure that the victim is compensated and that the tool is no longer used against him as a tool of harassment. I urge the Sri Lankan judiciary to act strongly on cases in which police have misled the judiciary and misused their authority.
Yours sincerely,
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PLEASE SEND YOUR LETTERS TO:
1. Mr. Mahinda Balasuriya
Inspector General of Police
New Secretariat
Colombo 1
SRI LANKA
Fax: +94 11 2 440440 / 327877
E-mail: igp@police.lk
2. Mr. Mohan Peiris
Attorney General
Attorney General’s Department
Colombo 12
SRI LANKA
Fax: +94 11 2 436421
E-mail: ag@attorneygeneral.gov.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
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
5. Senior Superintendent of Police
Office of the Senior Superintendant of Police
Panadura Division
SRI LANKA
Fax: +94 38 2233228
Thank you.
Urgent Appeals Programme
Asian Human Rights Commission (ua@ahrc.asia)
