Dear friends,
The Asian Human Rights Commission (AHRC) has learned that an investigation has not been conducted into the knocking over of a cyclist by police in a vehicle in November. The man was badly injured and lost five teeth in the accident. The incident so far has been mishandled and improperly recorded by all police personnel concerned, leading to fears that an impartial investigation will not take place. Police accountability in the country remains extremely low, as does public confidence in its competence.
CASE NARRATIVE:
According to information received from Balasuriyage Premasiri, a 47-year-old farmer, he was cycling home from a friend’s house on 11 November 2009 at about 7pm when he was knocked down by officers in a three-wheeler vehicle as they tried to ask him for directions. The three-wheeler stopped and the officers briefly alighted, but Premasiri reports that he was unable to speak and the men drove off without offering help. He identified Sub Inspector Thilina of Kataragama Police Station, along with a Constable Sanjeewa and one more officer.
Premasiri’s bicycle was damaged and dented. After being helped by a friend called Champka and his neighbour, Thilina, the victim was taken to Kataragama hospital with his wife shortly after 8pm. On examination he was told that four teeth had been knocked out and that another damaged tooth would need to be removed; he was warded for treatment. On 12 November he reports that he was visited by two officers from the Kataragama police traffic section at around 11am who listened to his report but didn’t record it. On 14 November Premasiri discharged himself from hospital.
He went to Kataragama station to file a complaint on 19 November at around 3pm and asked to speak with Sub Inspector Thilina. An officer, Constable Anthony, reportedly refused to help him and used abusive language, accusing him of having crashed his bicycle while drunk. He reports that he was literally chased out of the station.
When Premasiri returned on 1 December 2009 to try once more, a constable reluctantly recorded the complaint. However he then asked Premasiri to sign it after refusing to read the content to him. He signed the document.
We are told that no apparent investigation has been launched since then and the victim has not been contacted by police or any other authority, though he has lodged a complaint with the Human Rights Commission of Sri Lanka and other written complaints were sent to the Inspector General of Police, Assistant Superintendent of Police of the Southern Province, the Senior Superintendent of Police in Hambanthota and the Officer in charge of Katharagama Police Station on 29 April 2010.
Local rights groups are concerned that an efficient investigation will not take place due to the common lack of action taken by police officers in complaints against other police. It should be noted that bullying tactics – many of them illegal – are a common recourse in Sri Lankan police stations, as demonstrated by many AHRC Urgent Appeals, among them recently: A group of officers brutally assault a visitor to Polpithigama police station and A lawyer is ill treated in public by a senior police officer. Please also refer to this month’s continuing series of online interviews with women on the prevention of torture across Asia, which deals largely with the relationship between police and civilians.
The difficulties experienced by the victim in filing a complaint must be thoroughly investigated so any officers found to be flouting police procedure are disciplined accordingly. An investigation must also immediately be launched into the accident to allow for the victim – a farmer – to file for compensation.
SUGGESTED ACTION:
Please write to the authorities listed below calling for them to ensure that a thorough, impartial investigation is conducted into this case, and the obstruction of the complaint-making procedure at Kataragama Police Station.
To support this case, please click here: SEND APPEAL LETTER
SAMPLE LETTER
Dear __________,
SRI LANKA: An injured cyclist’s complaint is refused and mishandled after he is knocked down by police officers
Name of victim: Balasuriyage Premasiri, 47, of No.144 Raja Mawatha, Sella Kataragama, Kataragama
Alleged perpetrators: Sub Inspector Thilina, Constable Anthony and Constable Sanjeewa of Kataragama Police Station
Date of incident: 11 November 2009
Place of incident: At the 34th Mile Post in Butthala, Sella Kataragama
I am writing to voice my deep concern regarding the lack of investigation into the knocking over of a cyclist by police in a vehicle in November, despite numerous complaints.
According to information I have received, Balasuriyage Premasiri, a 47-year-old farmer, was cycling home from a friend’s house on 11 November 2009 at about 7pm when he was knocked down by officers in a three-wheeler vehicle as they tried to ask him for directions. The three-wheeler stopped and the officers briefly alighted, but Premasiri reports that he was unable to speak and the men drove off without offering help. He identified Sub Inspector Thilina of Kataragama Police Station, along with a Constable Sanjeewa and one more officer.
Premasiri’s bicycle was damaged and dented. After being helped by a friend called Champka and his neighbour, the victim was taken to Kataragama hospital with his wife shortly after 8pm. On examination he was told that four teeth had been knocked out and that another damaged tooth would need to be removed; he was warded for treatment. On 12 November he reports that he was visited by two officers from the Kataragama police traffic section at around 11am who listened to his report but didn’t record it. On 14 November Premasiri discharged himself from hospital.
He went to Kataragama station to file a complaint on 19 November at around 3pm and asked to speak with Sub Inspector Thilina. An officer, Constable Anthony, reportedly refused to help him and used abusive language, accusing him of having crashed his bicycle while drunk. He reports that he was literally chased out of the station.
When Premasiri returned on 1 December 2009 to try once more, a constable reluctantly recorded the complaint. However he then asked Premasiri to sign it after refusing to read the content to him. He signed the document.
I understand that no apparent investigation has been launched since then, and the victim has not been contacted by police or any other authority although he has lodged a complaint with the Human Rights Commission of Sri Lanka. Other written complaints were sent to the Inspector General of Police, Assistant Superintendent of Police of the Southern Province, the Senior Superintendent of Police in Hambanthota and the Officer in charge of Katharagama Police Station on 29 April 2010.
I am concerned that an efficient investigation will not take place due to the common lack of action taken by police officers in complaints against other police. As you are likely aware, bullying tactics – many of them illegal – are a common recourse in Sri Lankan police stations.
The difficulties experienced by the victim in filing his complaint must be thoroughly investigated so any officers found to be flouting police procedure are disciplined accordingly. An investigation must also immediately be launched into the accident to allow for the victim, who is a farmer, to file for compensation.
I look forward to hearing of your action in this case.
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
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Thank you.
Urgent Appeals Programme
Asian Human Rights Commission (ua@ahrc.asia)
