SRI LANKA: Innocent man extrajudicially killed by Pitigala Police

ASIAN HUMAN RIGHTS COMMISSION - URGENT APPEALS PROGRAMME

Urgent Appeal Case: AHRC-UAC-102-2017
ISSUES: Administration of justice, Extrajudicial killings, Impunity, Rule of law,

Dear friends,

The Asian Human Rights Commission (AHRC) has received information about the extrajudicial killing of Mr. A D Pushpakumara. He was arrested on 18 June 2017 by police officers attached to the Pitigala Police Station following a domestic violence complaint made by his wife. He was publicly tortured at the time of his arrest, witnessed by numerous onlookers. His body was found the next morning floating in the Oluvila Canal. No investigation has yet been carried out into his death, although the police claim Pushpakumara escaped from police custody on the night of June 18.

CASE NARRATIVE:

Mr. A D Pushpakumara was born in Seeduwa, Gampaha District. Following his second marriage, he started to live at Manampitiya, Poddiwela, Elpitiya in Galle District.

On 18 June 2017, his wife made a complaint to the Pitigala Police Station regarding a family dispute between Pushpakumara and his wife. Later in the evening, several police officers arrested Pushpakumara at Ambana, Elpitiya, close to his residing village. Several villagers also helped the police to arrest him following the orders of the police. At the time of arrest, he was tortured by the police officers, and it was publicly witnessed. Then he was brought to the Pitigala Police Station and detained in the cell.

On the next morning, Pushpakumara’s body was seen floating in the Oluvila Canal by residents of the area. The police were immediately told, and they brought the body out of the water. Many injuries were witnessed by observers on the body. The body was then taken to the Elpitiya Base Hospital.

Meanwhile, a Police Communiqué was issued, stating that Pushpakumara escaped police detention on the night of June 18, and his body was found in the Oluvila Canal on June 19. 

Pushpakumara’s relatives maintain that he was illegally arrested and extrajudicially killed by the Police. This is another indication of the faulty policing system in Sri Lanka, which extrajudicially kills innocent suspects in the guise of crime prevention.

ADDITIONAL COMMENTS:

The Asian Human Rights Commission has reported numerous cases of arbitrary arrest, detention, torture and extrajudicial killings of citizens at the hands of the Sri Lankan police. Under international and local law, these are illegal actions. They have been taking place daily at police stations all over Sri Lanka. It is common knowledge that the Police use torture as an instrument to terrorize innocent people, harass the general public and instill fear. Presently, the Police are implementing a policy of ‘elimination with extreme persuasion’ or in plain language–murdering suspected criminals. They arrest and kill people without their ever being produced in a Court of Law.

Needless to say, there is a lack of protection for those lawyers willing to take up cases against abusive Police Officers and State Authorities. This means that the law continues to be employed as a tool by the authorities to control people. By undermining society’s respect for the law and allowing impunity to go on unabated, a long-term, psychological and financial burden is placed on the shoulders of victims, their families and the general population.

SUGGESTED ACTION:

Please write to the authorities listed below expressing your concern about this case. Kindly request an immediate investigation into allegations of extra-judicial killings by the Police. Prosecution of those proven to be responsible under Criminal Law is imperative. The officers involved should also be subject to an internal investigation for breach of Police Departmental Orders. The AHRC will write a separate letter to the Special Rapporteur on Extra-judicial, Summary or Arbitrary Executions in this regard.

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

SAMPLE LETTER

Dear ________,

SRI LANKA: Innocent man extrajudicially killed by Pitigala Police

Name of Victim: Mr. A D Pushpakumara of Manampitiya, Poddiwela, Elpitiya in Galle District

Alleged perpetrators: Officers attached to the Pitigala Police Station
Date of incident: 18 June 2017 
Place of incident: Pitigala Police Division 

According to the information I have received, Mr. A D Pushpakumara was born in Seeduwa, Gampaha District. Following his second marriage, he started to live at Manampitiya, Poddiwela, Elpitiya in Galle District.

On 18 June 2017, his wife made a complaint to the Pitigala Police Station regarding a family dispute between Pushpakumara and his wife. Later in the evening, several police officers arrested Pushpakumara at Ambana, Elpitiya, close to his residing village. Several villagers also helped the police to arrest him following the orders of the police. At the time of arrest, he was tortured by the police officers, and it was publicly witnessed. Then he was brought to the Pitigala Police Station and detained in the cell.

On the next morning, Pushpakumara’s body was seen floating in the Oluvila Canal by residents of the area. The police were immediately told, and they brought the body out of the water. Many injuries were witnessed by observers on the body. The body was then taken to the Elpitiya Base Hospital.

Meanwhile, a Police Communiqué was issued, stating that Pushpakumara escaped police detention on the night of June 18, and his body was found in the Oluvila Canal on June 19.
Pushpakumara’s relatives maintain that he was illegally arrested and extrajudicially killed by the Police. This is another indication of the faulty policing system in Sri Lanka, which extrajudicially kills innocent suspects in the guise of crime prevention.

I therefore request your intervention to ensure that an immediate investigation is undertaken into the death of Pushpakumara. The officers involved must also be subjected to an internal investigation for breach of Departmental Orders.

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 / 327877 
E-mail: igp@police.lk

2. Mr. Jayantha Jayasooriya PC 
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

Thank you.

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

Document Type : Urgent Appeal Case
Document ID : AHRC-UAC-102-2017
Countries : Sri Lanka,
Issues : Administration of justice, Extrajudicial killings, Impunity, Rule of law,