SRI LANKA: An innocent man is shot dead – the police officers must be charged with murder

ASIAN HUMAN RIGHTS COMMISSION - URGENT APPEALS PROGRAMME

Urgent Appeal Case: AHRC-UAC-088-2014
ISSUES: Administration of justice, Extrajudicial killings, Impunity, Police negligence, Police violence, Rule of law,

Dear friends,

The Asian Human Rights Commission (AHRC) has received information regarding unlawful killing of a young man by the Sri Lankan police. Subash Indika Jayasinghe (24), a resident of Kithuwala, was riding his motorbike in the company of his passenger, Saveen Chathuranga (18) when they were flagged down by officers attached to the Nittambuwa Police Station. The two men had just alighted from the bike when one of the officers shot Indika point blank in the chest. No words were spoken and no warnings were given. The police made no effort to provide medical assistance to the victim who died shortly after.

In their official statement the police say that the bike had been travelling at excessive speed and that the officer had opened fire when the victim refused to stop. However, evidence reveals this to be untrue and that it was a blatant murder by an officer, who, like his companions, appeared to be inebriated.

This incident is yet another example of the lawlessness shown by the Sri Lankan police.

CASE NARRATIVE:

On the night of 11 June, 2014, Subash Indika Jayasinghe (24) and his companion, Saveen Chathuranga (18), were travelling on the former’s motorcycle when they were flagged down by officers attached to the Nittambuwa Police Station. Indika stopped the bike and both men alighted to find themselves confronted by a group of officers who appeared to be inebriated. No words were spoken and no warning was issued by the officers when one of them approached Indika, placed his service pistol against his chest and shot him at point blank range.

Following the shooting the officers made no attempt to provide medical treatment for Indika and it was left to Saveen to wave down a passing vehicle and take his friend to the nearest hospital. Indika died shortly after.

As he was helping Indika into the car the police officers warned Saveen not to say anything about the incident.

When news of the incident became known a police spokesman stated that the motorcycle was being driven very fast, and as the riders did not stop after the police signalled them to do so, the police shot at them. This explanation is clearly ludicrous as, if Indika had been shot while in control of the bike he would not have been able to control it. The bike would have crashed and both Indika and Saveen would have been injured in the resulting crash.

The Sri Lankan police officers have recently been armed with service pistols, ostensibly to protect them from assaults by criminal elements and the clashes between civilians and the police which have become more prevalent recently. Given the lack of training and the poor discipline shown by the police this murder comes as no surprise.

In a separate incident, near the Katunayake area, police recently shot at a moving three-wheeler. The police missed their target and instead shot a bystander.

The Sri Lankan police are lawless and lack discipline; this needs addressing. It is such indiscipline and lawlessness against which the public is protesting, all over the country.

ADDITIONAL INFORMATION:

In monitoring torture in Sri Lanka, the Asian Human Rights Commission has observed that in the evenings many police officers are drunk during their shifts. One of the well-known cases of murder of suspects in custody by drunken police officers occurred in Angulana. This murder led to massive protests and the conviction of two officers. Giving such undisciplined officers lethal weapons and authorizing shooting is one of the most dangerous and anti-people policies adopted by the Ministry of Defence.

The officers involved in this shooting should be charged for murder and a competent and independent investigatory team should conduct criminal investigations. However, what is more likely is that, under various pretexts, investigations will be delayed, paving the way for these officers to escape responsibility and, in most likelihood, they will continue their work with impunity.

Instead of addressing the virtual collapse of the policing system, the Ministry of Defence has issued pistols to all police officers. The Ministry of Defence should be held responsible for the violence being caused by police officers with these weapons. And, the Sri Lankan public should protest against the policy of allowing police officers to carry dangerous weapons.

SUGGESTED ACTION:

Please write to the authorities listed below calling for an investigation into the incident of the murder of yet another innocent person by the Sri Lankan police. The AHRC is writing a separate letter to the Special Rapporteur on Extrajudicial Killings calling for his intervention into this matter.

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

SAMPLE LETTER

Dear ……………..,

SRI LANKA: An innocent man is shot dead – the police officers must be charged with murder

Name of victim: Subash Indika Jayasinghe (24), a resident of Kithuwala
Names of alleged perpetrators: Officers from the Nittambuwa Police Station
Date of incident: 11 June, 2014
Place of incident: The Pasyala area, Nittambuwa

I am writing to voice my deep concern regarding the shooting of Subash Indika Jayasinghe. On the night of 11 June, 2014, Subash Indika Jayasinghe (24) and his companion, Saveen Chathuranga (18), were travelling on the former’s motorcycle when they were flagged down by officers attached to the Nittambuwa Police Station. Indika stopped the bike and both men alighted to find themselves confronted by a group of officers who appeared to be inebriated. No words were spoken and no warning was issued by the officers when one of them approached Indika, placed his service pistol against his chest and shot him at point blank range.

Following the shooting the officers made no attempt to provide medical treatment for Indika and it was left to Saveen to wave down a passing vehicle and take his friend to the nearest hospital. Indika died shortly after.

As he was helping Indika into the car the police officers warned Saveen not to say anything about the incident.

When news of the incident became known a police spokesman stated that the motorcycle was being driven very fast, and as the riders did not stop after the police signalled them to do so, the police shot at them. This explanation is clearly ludicrous as, if Indika had been shot while in control of the bike he would not have been able to control it. The bike would have crashed and both Indika and Saveen would have been injured in the resulting crash.

The Sri Lankan police officers have recently been armed with service pistols, ostensibly to protect them from assaults by criminal elements and the clashes between civilians and the police which have become more prevalent recently. Given the lack of training and the poor discipline shown by the police this murder comes as no surprise.

In a separate incident, near the Katunayake area, police recently shot at a moving three-wheeler. The police missed their target and instead shot a bystander.

The Sri Lankan police are lawless and lack discipline; this needs addressing. It is such indiscipline and lawlessness against which the public is protesting, all over the country.

I call upon you to ensure that an immediate investigation is carried out with regard to this criminal act by the officers of the Sri Lankan police. The officers concerned must be prosecuted to the fullest extent of the law. Furthermore, suitable compensation should be paid to the family of the deceased victim. I also ask that, if the officers of the police service are to be issued with personal firearms that they be given adequate training of the correct use of such weapons. Placing a lethal weapon in the hands of any untrained person is, by itself, an unconscionable act.

I look forward to your urgent attention in this matter.

Yours sincerely,

 

………………

PLEASE SEND YOUR LETTERS TO:

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

2. Mr. Sarath Palitha Fernando
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+94 11 2 395310
Fax: +94 11 2 395867
E-mail: npcgen@sltnet.lk or npcgen@sltnet.lk

4. Secretary
Sri Lanka Human Rights Commission
No: 165 Kynsey Road,
Borella, Colombo 8.
SRI LANKA
Fax: +94 11 2694924
Email: sechrc@sltnet.lk

Thank you.

Urgent Appeals Programme 
Asian Human Rights Commission (ua@ahrc.asia)

Document Type : Urgent Appeal Case
Document ID : AHRC-UAC-088-2014
Countries : Sri Lanka,
Issues : Administration of justice, Extrajudicial killings, Impunity, Police negligence, Police violence, Rule of law,