SRI LANKA: Alleged ill treatment against a couple by Ahangama police

ASIAN HUMAN RIGHTS COMMISSION - URGENT APPEALS PROGRAMME

Urgent Appeal Case: AHRC-UAC-115-2008
ISSUES: Inhuman & degrading treatment, Police negligence, Violence against women, Women's rights,

Dear friends,

The Asian Human Rights Commission (AHRC) has received information regarding the ill treatment of a couple by the Ahangama police on 26 September 2007. When the wife of the couple asked a question, a police officer conducting an inquiry allegedly assaulted and humiliated her. She was later charged with obstruction of police duties and released on bail. The couple has submitted complaints to various government authorities and they are frustrated that nothing has happened in this matter.

CASE DETAILS: (based on the testimony of Ranasinghe Arachchilage Vimalawathi (37) and her husband Don Chandrasiri Wickramasuriya)

Vimalawathi and her husband Chandrasiri went to the Ahangama Police Station at 10am on 29 August 2007 after they had received an order to come for an inquiry into a dispute regarding a fence with another person. In the station, they met Police Constable (PC) Chameera who informed them to wait for a while because the party who had lodged the complaint had not arrived. The couple waited until 1pm, and where then told by the same PC to go home. On August 30, an officer from the same police station came to the couple’s home and left a note asking them to come to the station on September 26.

The couple went to the police station on the given date and saw the person with whom they had a dispute talking with PC Chameera. Then, the officer brought the two parties together and asked what the complaint was. The person then started to scold Vimalawathi and humiliate her in foul language in front of the officer. Meanwhile, Vimalawathi asked the officer, “Sir, What the complaint is; we are not here to get or give character certificates; please tell us what the complaint is.” However, hearing this question, the person slapped Vimalawathi on her cheek. In addition, the PC Chameera stood up and also scolded her soundly using foul language and accused her of slapping the person. He further allegedly slapped her several times on her cheek and kicked her in her stomach.

Then, Chameera caught her by her hair and dragged her to the room of the Officer-in-Charge (OIC). In the room, the officer called the person also. He told the OIC that Vimalawathi had assaulted the person and continued to scold her in foul language in front of the OIC. When the OIC saw Chandrasiri, he scolded him saying that he did not know how to bring up his wife and attempted to assault him. The OIC then threatened Vimalawathi that if she was not a woman they would ‘do her good’ and then, asked the PC to put her into the police cell.

Vimalawathi was put into the cell after two male inmates were removed. The two who were taken out of the cell were told to sit on a bench nearby. A little while later, a woman police officer named Niranjala took Vimalawathi from the cell and recorded her statement but Vimalawathi was neither allowed to see what was written nor was it explained to her. Vimalawathi said that her ear and cheeks were swollen at that time due to the assault and they were painful. Then, Vimalawathi was told to sit on a chair while the person and other inmates were put back into the police cell. The person was also later put into the cell.

Later on the same day, both Vimalawathi and the person were produced before the Magistrate in Galle and sent to a prison. Vimalawathi got to know later that she was charged with obstructing of police duties. Vimalawathi informed the prison officers of police assault, a prison officer took down her statement regarding the incident on next day.

After Vimalawathi was released on bail from the Magistrate Court Galle on September 28, she went with her husband to meet the Assistant Superintendent of Police (ASP) Galle and told him this injustice perpetrated on them. The ASP took down their statement and told them that legal action would be taken against PC Chameera attached to the Ahangama Police Station.

Later the couple went to the Human Rights Commission brand office in Matara to report this matter. However, an officer refused to accept the complaint stating, “it is strange that they (the police) had only put one case against you. The police can even break a chair and say that you broke it.” The officer further said, “in this instance, the police have the right to hit you.”

After this another incident, Vimalawathi made a written complaint to the Human Rights Commission, National Police Commission, Attorney General and other various authorities. To date, no substantive action has been taken about their complaint. Meanwhile, the Police Constable Chameera is reportedly still serving in the police station.

SUGGESTED ACTION:
Please write letters to the relevant authorities urging them to investigate this incident without delay and take due disciplinary and legal action against the responsible if found guilty.

Please be informed that the AHRC has also written separate letter to the UN Special Rapporteur on the Question of Torture and Violence against Women calling for their intervention in this case.

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

SAMPLE LETTER

Dear __________,

SRI LANKA: Please investigate the alleged ill treatment of a wife by the Ahangama police

Name of victim: Ranasinghe Arachchilage Vimalawathi (37) married 2 children; residing at 
Thimbirigaha Hena, Wewili Hena, Ahangama, Galle
Name of alleged perpetrators: Police Constable named Chameera attached to the Ahangama Police Station
Date of incident: 26 September 2007
Place of incident: Ahangama Police Station, Galle Dist. II, Galle Division, Southern Range

I am writing to voice my deep concern regarding the alleged ill treatment of a couple by the Ahangama Police on 26 September 2008. Even though the couple has spent time to submit their complaint to the government authorities, they have failed to receive any response from the government officials.

According to the information that I have received, the couple went to the Ahangama Police Station after being called for an inquiry lodged by a third party regarding a land dispute but a Police Constable named Chameera acted in a bias manner rather than be a neutral as a coordinator of the land dispute. From the information that I have learned, while conducting an inquiry, the police allegedly slapped her many times, kicked her on the stomach and dragged her by her hair to the OIC’s room where he had continued to scold her in foul language and reported to the OIC that the victim slapped the third party.

I am informed that the victim was released on bail on September 28 after being charged with obstruction of police duties and when she met the Assistant Superintendent of Police (ASP) Galle, the ASP convinced her that legal action would be taken against the Police Constable after taking down her statement regarding the alleged ill treatment.

I am aware that according to the section A-3 (iv) of the Sri Lankan Police Departmental Orders, members of the public coming in with any complaint, information or other business will be provided sitting accommodation and their complaints or information attended to as expeditiously as possible.

I am disappointed to hear that when the couple went to the Matara Branch of the National Human Rights Commission, one officer said that it was strange that the police had only put one case against you and further said that the police even had right to hit you in those circumstances. At the same time, the alleged police constable is reportedly serving in the same police station without being taken any action.

In the light of above, I urge you to provide the victim for effective remedies. The effective remedies must include thorough investigation into the alleged ill treatment by the police constable, punishment against those responsible according to the law if found guilty, and adequate compensation. I also urge you to investigate whether the officer attached to the Matara branch of the National Human Rights Commission had said as to the claim that the victim had made that the police even had right to hit you.

I finally call upon the government of Sri Lanka to restore the honour of the victim and remove her criminal record if the court finds it true that the police humiliated the victim. In this regards, I wish to draw your attention to the fact that this case should be dealt with under the CAT act no 22 of 1994 and ill treatment is also as the same crime as torture based on the severity interpreted by the Committee against torture as its general comment.

Yours sincerely,

—————-
PLEASE SEND YOUR LETTERS TO:

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

2.  Mr. C.R. De Silva 
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

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@ahrchk.org) 

Document Type : Urgent Appeal Case
Document ID : AHRC-UAC-115-2008
Countries : Sri Lanka,
Issues : Inhuman & degrading treatment, Police negligence, Violence against women, Women's rights,