Home / News / Urgent Appeals / SRI LANKA: The Officer-In-Charge and police officers of Chilaw Police Station trespassed and stole from an innocent family and are pressuring the family against pressing charges

SRI LANKA: The Officer-In-Charge and police officers of Chilaw Police Station trespassed and stole from an innocent family and are pressuring the family against pressing charges

June 19, 2012

ASIAN HUMAN RIGHTS COMMISSION-URGENT APPEAL PROGRAMME

Urgent Appeal Case: AHRC-UAC-105-2012



19 June 2012
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SRI LANKA: The Officer-In-Charge and police officers of Chilaw Police Station trespassed and stole from an innocent family and are pressuring the family against pressing charges

ISSUES: Theft by police officers; impunity; rule of law
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Dear friends,

The Asian Human Rights Commission (AHRC) has received information that two police officers, one of whom was an Officer-in-Charge (OIC) of the Chilaw Police Station, broke into the home of an innocent family and stole a mobile phone, gold necklace, three-wheeler and Rs. 15,000. The owner of the house, Mr. Sebastian, filed a complaint with the Assistant Superintendent of Police (ASP) and the Police Headquarters in Colombo. In response, the ASP and OIC offered to return his stolen goods, and asked that he not press charges against them. The case has been reported to the Human Rights Commission of Sri Lanka (HRCSL) but a credible, independent investigation has yet to be initiated. This case is yet another illustration of the exceptional collapse of the rule of law in the country.

CASE NARRATIVE:

According to information that the Asian Human Rights Commission (AHRC) has received, Mr. Warnakulasuriya Sebastian Fernando (47) of Divul Watte, Mukunuwatana in Putalam District was robbed by two local police officers. Mr. Sebastian is married and he is the father of four children. He works as a three wheeler driver. On March 24 at around 7:45 pm, Mr. Sebastian went to the funeral of his neighbour Mr. Sunil, with his wife and four children. When they returned to their home at around 3am, they discovered their house had been ransacked, and that Mr. Sebastian’s three-wheeler had been stolen. When Mr. Sebastian and his wife searched the house, they found that a mobile phone, gold necklace and Rs. 15,000 had been stolen. They noted that the front door of the house was broken, and that the doors of a cabinet and a cupboard were broken and the articles that were inside were misplaced. The mattresses had been removed from the bedframes.

Mr. Sebastian learnt from a neighbour that the Officer- in- Charge (OIC) of the Chilaw Police Station, Manoj Ranagala, and a police officer named Madurasinghe visited and entered his residence. Mr. Sebastian was also told that these officers had visited the residence of Mr. Sebastian’s brother, Mr. Anthony Fernando, allegedly to search for illicit liquor. Mr. Anthony was tortured in his residence, and was then brought to the Chilaw Police Station. When Mr. Sebastian visited Mr. Anthony, Mr. Anthony told his brother that his three-wheeler had been taken to the Chilaw Police Station by the police officers.

Mr. Sebastian wanted to make a complaint against the police officers who he believed had stolen goods from his home, but was afraid of reporting the case at the Chilaw Police Station. Instead, on March 26, Mr. Sebastian lodged a complaint with the Police Headquarters in Colombo. On March 27, he lodged another complaint with H.D.S Sandanayaka, the Assistant Superintendent of Police (ASP) of Chilaw regarding the trespass and robbery at his residence.

The next day, the ASP telephoned Mr. Sebastian and asked him to pick up the three-wheeler from the Chilaw Police Station. On March 29, the ASP asked Mr. Sebastian to bring his children to the police station so that the police could record their statements. While the children were giving their statements, the ASP called OIC Ranagala to the room and asked him to return the three-wheeler to Mr. Sebastian. He also told the OIC not to intimidate or harass Mr. Sebastian further.

Later that day, OIC Ranagala called Mr. Sebastian into another room, and told him that he would return the three-wheeler, gold necklace, mobile phone and entire sum of the money that the officers had taken, so long as he did not bring legal proceedings against him. He asked Mr. Sebastian to withdraw the complaint he had made to the ASP’s office and to the Police Headquarters in Colombo. .

Mr. Sebastian did not accede to this request. On April 11 at around 5pm, the ASP telephoned Mr. Sebastian and said that since a tsunami warning had been hoisted, Mr. Sebastian should take his three-wheeler back. Mr. Sebastian did so. The rest of the property and money that had been taken from him was not returned.

Soon after, Mr. Sebastian filed a complaint with the Human Rights Commission of Sri Lanka (HRCSL) regarding the violation of his and his family members’ fundamental rights by the OIC and other police officers of the Chilaw Police Station.

Despite the filing of these complaints, neither the HRCSL nor the Police Headquarters have initiated an investigation into this case so as to bring justice to Mr. Sebastian and his family. Mr. Sebastian and his family demand that their fundamental rights that are enshrined in Sri Lanka’s Constitution and in international law be appropriately respected.

ADDITIONAL COMMENTS:

The Asian Human Rights Commission has reported innumerable cases of crimes committed by the Sri Lankan police. These crimes, which have taken place at different police stations across the country, are illegal under local and international law.

The Inspector General of Police (IGP) is the head of the police department of Sri Lanka, and is responsible for the command and conduct of his junior officers. The IGP is obliged to investigate the crimes committed by civilians as well as officers within his department, and report all cases to the criminal court of the country. Further, the Attorney General of Sri Lanka is suppose to file indictments in cases where credible evidence has been found that grievous crimes have been committed. The Asian Human Rights Commission has observed that the law of the country is not being implemented by law enforcement officers on numerous occasions. .

Moreover, the Asian Human Rights Commission has observed that police officers and many other law enforcement officers are directly involved with the breaching of laws in broad daylight. This indicates the deplorable state of the rule of law in Sri Lanka.

The National Police Commission of Sri Lanka is constitutionally responsible for observing the conduct and discipline of the police department. Further, the National Police Commission has been given the power to take action against police officers who have committed crimes and breached international codes of disciplinary conduct. In spite of these significant responsibilities, the Asian Human Rights Commission has repeatedly observed that the NPC is lethargic in its approach towards protecting the country’s constitutional duties.

SUGGESTED ACTION:
Please send a letter to the authorities listed below expressing your concern about this case and requesting an immediate investigation into the allegations of illegal trespass, steeling properties by the police perpetrators, and the prosecution of those proven to be responsible under the criminal law of the country for misusing powers of a state. The officers involved must also be subjected to internal investigations for the breach of the department orders as issued by the police department. Further, please also request the NPC and the IGP to have a special investigation into the malpractices of the police officers for abusing the state officers' powers.

To support this appeal, pleas click here:

SAMPLE LETTER:

Dear ________,

SRI LANKA: The OIC and the police officers of Chilaw Police Station stole properties of a man

Name of the victim: Mr. Warnakulasuriya Sebastian Fernando (47) of Divul Watte, Mukunuwatana in Putalam District
Alleged perpetrators: OIC Manoj Ranagala, police officers Madurasinghe of Chilaw Police station
Date of incident: 24 March 2012
Place of incident: Chilaw Police Station

I am writing to express my serious concern over the case of Mr. Warnakulasuriya Sebastian Fernando (47) of Divul Watte, Mukunuwatana in Putalam District was robbed by two local police officers. Mr. Sebastian is married and he is the father of four children. He works as a three wheeler driver. On March 24 at around 7:45 pm, Mr. Sebastian went to the funeral of his neighbour Mr. Sunil, with his wife and four children. When they returned to their home at around 3am, they discovered their house had been ransacked, and that Mr. Sebastian’s three-wheeler had been stolen. When Mr. Sebastian and his wife searched the house, they found that a mobile phone, gold necklace and Rs. 15,000 had been stolen. They noted that the front door of the house was broken, and that the doors of a cabinet and a cupboard were broken and the articles that were inside were misplaced. The mattresses had been removed from the bedframes.

Mr. Sebastian learnt from a neighbour that the Officer- in- Charge (OIC) of the Chilaw Police Station, Manoj Ranagala, and a police officer named Madurasinghe visited and entered his residence. Mr. Sebastian was also told that these officers had visited the residence of Mr. Sebastian’s brother, Mr. Anthony Fernando, allegedly to search for illicit liquor. Mr. Anthony was tortured in his residence, and was then brought to the Chilaw Police Station. When Mr. Sebastian visited Mr. Anthony, Mr. Anthony told his brother that his three-wheeler had been taken to the Chilaw Police Station by the police officers.

Mr. Sebastian wanted to make a complaint against the police officers who he believed had stolen goods from his home, but was afraid of reporting the case at the Chilaw Police Station. Instead, on March 26, Mr. Sebastian lodged a complaint with the Police Headquarters in Colombo. On March 27, he lodged another complaint with H.D.S Sandanayaka, the Assistant Superintendent of Police (ASP) of Chilaw regarding the trespass and robbery at his residence.

The next day, the ASP telephoned Mr. Sebastian and asked him to pick up the three-wheeler from the Chilaw Police Station. On March 29, the ASP asked Mr. Sebastian to bring his children to the police station so that the police could record their statements. While the children were giving their statements, the ASP called OIC Ranagala to the room and asked him to return the three-wheeler to Mr. Sebastian. He also told the OIC not to intimidate or harass Mr. Sebastian further.

Later that day, OIC Ranagala called Mr. Sebastian into another room, and told him that he would return the three-wheeler, gold necklace, mobile phone and entire sum of the money that the officers had taken, so long as he did not bring legal proceedings against him. He asked Mr. Sebastian to withdraw the complaint he had made to the ASP’s office and to the Police Headquarters in Colombo. .

Mr. Sebastian did not accede to this request. On April 11 at around 5pm, the ASP telephoned Mr. Sebastian and said that since a tsunami warning had been hoisted, Mr. Sebastian should take his three-wheeler back. Mr. Sebastian did so. The rest of the property and money that had been taken from him was not returned.

Soon after, Mr. Sebastian filed a complaint with the Human Rights Commission of Sri Lanka (HRCSL) regarding the violation of his and his family members’ fundamental rights by the OIC and other police officers of the Chilaw Police Station.

Despite the filing of these complaints, neither the HRCSL nor the Police Headquarters have initiated an investigation into this case so as to bring justice to Mr. Sebastian and his family. Mr. Sebastian and his family demand that their fundamental rights that are enshrined in Sri Lanka’s Constitution and in international law be appropriately respected.

I further request your urgent intervention to ensure that the authorities listed below instigate an immediate investigation into the allegations of illegal arrest, illegal detention, torture by the police perpetrators, and the prosecution of those proven to be responsible under the criminal law of the country for misusing powers of state officers and for wrongful prosecution. The officers involved must also be subjected to internal investigations for the breach of the department orders as issued by the police department.

Yours sincerely,

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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. Ms. Eva Wanasundara
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
Sri Lanka Human Rights Commission
No. 108
Barnes Place
Colombo 07
SRI LANKA
Tel: +9411 2694925, +9411 2685980, +9411 2685981
Fax: +9411 2694924 (General) +94112696470 (Chairman)
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-105-2012
Countries :
Issues :
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Extended Introduction: Urgent Appeals, theory and practice

A need for dialogue

Many people across Asia are frustrated by the widespread lack of respect for human rights in their countries.  Some may be unhappy about the limitations on the freedom of expression or restrictions on privacy, while some are affected by police brutality and military killings.  Many others are frustrated with the absence of rights on labour issues, the environment, gender and the like. 

Yet the expression of this frustration tends to stay firmly in the private sphere.  People complain among friends and family and within their social circles, but often on a low profile basis. This kind of public discourse is not usually an effective measure of the situation in a country because it is so hard to monitor. 

Though the media may cover the issues in a broad manner they rarely broadcast the private fears and anxieties of the average person.  And along with censorship – a common blight in Asia – there is also often a conscious attempt in the media to reflect a positive or at least sober mood at home, where expressions of domestic malcontent are discouraged as unfashionably unpatriotic. Talking about issues like torture is rarely encouraged in the public realm.

There may also be unwritten, possibly unconscious social taboos that stop the public reflection of private grievances.  Where authoritarian control is tight, sophisticated strategies are put into play by equally sophisticated media practices to keep complaints out of the public space, sometimes very subtly.  In other places an inner consensus is influenced by the privileged section of a society, which can control social expression of those less fortunate.  Moral and ethical qualms can also be an obstacle.

In this way, causes for complaint go unaddressed, un-discussed and unresolved and oppression in its many forms, self perpetuates.  For any action to arise out of private frustration, people need ways to get these issues into the public sphere.

Changing society

In the past bridging this gap was a formidable task; it relied on channels of public expression that required money and were therefore controlled by investors.  Printing presses were expensive, which blocked the gate to expression to anyone without money.  Except in times of revolution the media in Asia has tended to serve the well-off and sideline or misrepresent the poor.

Still, thanks to the IT revolution it is now possible to communicate with large audiences at little cost.  In this situation there is a real avenue for taking issues from private to public, regardless of the class or caste of the individual.

Practical action

The AHRC Urgent Appeals system was created to give a voice to those affected by human rights violations, and by doing so, to create a network of support and open avenues for action.  If X’s freedom of expression is denied, if Y is tortured by someone in power or if Z finds his or her labour rights abused, the incident can be swiftly and effectively broadcast and dealt with. The resulting solidarity can lead to action, resolution and change. And as more people understand their rights and follow suit, as the human rights consciousness grows, change happens faster. The Internet has become one of the human rights community’s most powerful tools.   

At the core of the Urgent Appeals Program is the recording of human rights violations at a grass roots level with objectivity, sympathy and competence. Our information is firstly gathered on the ground, close to the victim of the violation, and is then broadcast by a team of advocates, who can apply decades of experience in the field and a working knowledge of the international human rights arena. The flow of information – due to domestic restrictions – often goes from the source and out to the international community via our program, which then builds a pressure for action that steadily makes its way back to the source through his or her own government.   However these cases in bulk create a narrative – and this is most important aspect of our program. As noted by Sri Lankan human rights lawyer and director of the Asian Human Rights Commission, Basil Fernando:

"The urgent appeal introduces narrative as the driving force for social change. This idea was well expressed in the film Amistad, regarding the issue of slavery. The old man in the film, former president and lawyer, states that to resolve this historical problem it is very essential to know the narrative of the people. It was on this basis that a court case is conducted later. The AHRC establishes the narrative of human rights violations through the urgent appeals. If the narrative is right, the organisation will be doing all right."

Patterns start to emerge as violations are documented across the continent, allowing us to take a more authoritative, systemic response, and to pinpoint the systems within each country that are breaking down. This way we are able to discover and explain why and how violations take place, and how they can most effectively be addressed. On this path, larger audiences have opened up to us and become involved: international NGOs and think tanks, national human rights commissions and United Nations bodies.  The program and its coordinators have become a well-used tool for the international media and for human rights education programs. All this helps pave the way for radical reforms to improve, protect and to promote human rights in the region.