Dear Friends,
According to information received by the Asian Human Rights Commission (AHRC), Mr. Sumesh Jeevantha Kumara (17) and his mother, Mrs. Herath Mudiyanselage Podi Kumari (49) residents of 20/237, Puja Nagaraya, Mahiyanganaya in Badulla District, have been continuously harassed by police officers attached to the Mahiyanganaya Police Station. Sumesh was illegally arrested, detained, and tortured on 5 November 2016. The police also filed fabricated charges against him. On several occasions, the mother of Sumesh, Podi Kumari, complained against illegal actions of the police to the Deputy Inspector General (DIG) of the area. The victims state that the police decided to take revenge for these complaints. They further state that the Magistrate of Mahiyanganaya also worked alongside the local police personnel to harassed them. They seek justice.
CASE NARRATIVE:
Sumesh is a 17-year-old, who recently completed his school. He has been living with his mother Herath Mudiyanselage Podi Kumari and his younger brother. His mother has been engaged in a small business in the Mahiyangana area. On 5 November 2016, at around 3:30 p.m. Sumesh and his mother were going to Hasalaka, the next village. Since they did not enough money to travel by bus, Sumesh asked his mother to go by bus and he got onto a motorcycle belonging to one of his friends, Sameera. Sumesh who was riding pillion, had no helmet, while his friend, who was driving, wore a helmet.
When they were passing Mahiyangana Market, they were stopped by two traffic police officers attached to the Mahiyangana Police Station. When they stopped the motorcycle and walked to the police officers, the police officers accused Sumesh of riding the motorcycle. Sumesh denied the accusation and indicated that it was his friend Sameera who was riding the motorcycle. But his answer was not accepted by the police officers and Sumesh was slapped in the face by one of the police officers in public. He was forced to get onto a motorcycle belonging to the Traffic Police.
According to Sumesh, before the police officers stopped their motorcycle, the officers could clearly see that Sumesh, who did not have a helmet, was riding pillion. Further, they identified him personally, as the police had filed several cases against his mother, and he also had to visit the Police Station several times. Sumesh’s mother had complained against the police officers attached to the Mahiyanganaya Police Station. She had complained to the Deputy Inspector General (DIG) of the area. Therefore, the police officers had ill feeling against him and his mother.
Sumesh feared further torture. So, he refused to go to the Police Station. Then, one police officer called for the assistance of two other police officers from the Mahiyanaganaya Police Station. Sumesh was arrested and handcuffed. He was forcefully taken to the Mahiyangaya Police Station by a motorcycle belonging to the police. Sumesh’s friend Sameera was not arrested; his motor-bicycle was taken into police custody; but he was asked to come to the Mahiyanganaya Police Station to get his statement recorded.
At the Police Station, Sumesh was forced to plead guilty to riding the motorcycle without a helmet, and without a valid driving license, insurance, and other documents. When Sumesh refused to accept the accusations and denied the accusation that he was riding the motorcycle, he was severely assaulted and tortured by the officers.
A little later, his mother arrived at the Police Station. She witnessed the way Sumesh was still being tortured. Her son was bleeding profusely, from his nose and mouth. Sumesh’s mother cried and shouted at the officers to stop assaulting her son.
Sumesh’s mother H. M Podi Kumari then informed the Officer-in-Charge (OIC) of the Police Station about this assault and torture, but the OIC said that the police officers have the power to assault or even to kill any suspect.
Podi Kumari then pleaded with the police officers to take Sumesh to the hospital, but instead police officers locked him up in a police cell. At around 7.30 p.m. the police officers brought the Magistrate of Mahiyanganaya, Mrs. Thishani Senabandu, by police vehicle, to the Police Station and showed Sumesh to her, while he was still in the police cell. The Magistrate then ordered that he be remanded.
Sumesh states that although he was in bleeding, and the injuries were clearly visible on his body and clothes, the Magistrate did not pay any attention. Further, the Magistrate did not order the police officers to take him for immediate treatment.
Around 8 p.m, Sumesh was taken by a three-wheeler to the Mahiyangana Base Hospital and was admitted to Ward No. 8. There, Sumesh was chained to the bed and was guarded by two traffic police officers. Podi Kumari, the mother of Sumesh also stayed at the hospital, watching over Sumesh until the next morning.
On the November 6, Sunday, around 3 p.m. the Magistrate, Thishani Senabandu came to the Hospital along with the prison guards, and Sumesh was handed over to the prison guards and his chains were removed by the police and the prison guards then chained him again.
The Magistrate also called a doctor and the doctor was asked to fill some forms and the forms were handed over to the police. Then the prison guards took Sumesh by a public bus to the Badulla Remand Prison. Sumesh is still detained at the Badulla Remand Prison.
Sameera, the owner of the motorcycle, Sameera was then brought to the Mahiyangana Police Station, by the police officers, and was asked to make a statement to the effect that Sumesh was riding the motor cycle. As a favor, the police officers promised to release Sameera’s motorcycle.
Sumesh will now be produced in the Mahiyangana Magistrate’s Court on 15 November 2016.
According to Podi Kumari, the said Magistrate, Thishani Senabandu, had also remanded her on 3 December 2015, as the police officers accused her of coming to court in colored clothes; she was remanded for 14 days initially and then again for another seven days. These actions of the Magistrate captured national attention and were reported in Ravaya Newspaper on the 11 September 2016.
BACKGROUND:
Two police officers, namely Nimal (59946) & Kirindigoda (2195), had been trying to grab Podi Kumari’s land in 2006. According to Podi Kumari, the Magistrate has been assisting land grabbing police officers and this is the reason for the continued harassment that she and her son are suffering.
On the 20 October 2015, at around 4 p.m., a female constable by the name of Harshani (4962) and five other male police constables illegally arrested Podi Kumari. They did so in retaliation to Podi Kumari complaining to the Deputy Inspector General (DIG) against the illegal actions of the police officers of Mahiyanganaya Police Station.
Podi Kumari was taken by jeep to the Magistrate’s Official Residence. The Magistrate Thishani Senabandu then asked whether she is the Herath Mudiyanselage Podi Kumari. She said “yes”. Then the Magistrate said, “Don’t try to play with me, my husband is a DIG, I am not like other Magistrates, you should learn to respect the police uniform. You should be obedient to the police or else you have to leave this village.”
Further, the Magistrate asked the police officers, “Does this woman have any cases in court?” The police officers replied, that she has a case with her husband’s ex-wife. Then the Magistrate said, “Don’t allow her to dance, let us take her to task”.
Podi Kumari states that, the Magistrate of Mahiyangana, Thishani Senabandu, works closely with the police, as her husband was once a DIG. She said the Magistrate assists the police officers to grab lands from the poor. Thishani Senabandu had warned Herath Mudiyanselage Podi Kumari on several occasions at her chambers as well. The police and the Magistrate are harassing Podi Kumari & her son Sumesh.
According to Podi Kumari, the Lawyers of Mahiyangana Courts have complained to the Bar Association of Sri Lanka (BASL) and the Judicial Service Commission (JSC) against the illegal actions and behaviors of the Magistrate Thishani Senabandu, but politicians are protecting her. Thus, the Magistrate has been acting illegally, well beyond her role as a magistrate using her husband’s police connections and powers.
SUGGESTED ACTION:
Please write to the authorities listed below expressing your concern about this case and requesting an immediate investigation into the allegations of illegal arrest, detention, torture by the police officers, and the prosecution of those proven to be responsible under the criminal law of the country. The officers involved must also be subjected to internal investigations for the breach of the orders of the Police Department.
To support this case, please click here: SEND APPEAL LETTER
SAMPLE LETTER
o police custody; but he was asked to come to the Mahiyanganaya Police Station to get his statement recorded.
At the Police Station, Sumesh was forced to plead guilty to riding the motorcycle without a helmet, and without a valid driving license, insurance, and other documents. When Sumesh refused to accept the accusations and denied the accusation that he was riding the motorcycle, he was severely assaulted and tortured by the officers.
A little later, his mother arrived at the Police Station. She witnessed the way Sumesh was still being tortured. Her son was bleeding profusely, from his nose and mouth. Sumesh’s mother cried and shouted at the officers to stop assaulting her son.
Sumesh’s mother H. M Podi Kumari then informed the Officer-in-Charge (OIC) of the Police Station about this assault and torture, but the OIC said that the police officers have the power to assault or even to kill any suspect.
Podi Kumari then pleaded with the police officers to take Sumesh to the hospital, but instead police officers locked him up in a police cell. At around 7.30 p.m. the police officers brought the Magistrate of Mahiyanganaya, Mrs. Thishani Senabandu, by police vehicle, to the Police Station and showed Sumesh to her, while he was still in the police cell. The Magistrate then ordered that he be remanded.
Sumesh states that although he was in bleeding, and the injuries were clearly visible on his body and clothes, the Magistrate did not pay any attention. Further, the Magistrate did not order the police officers to take him for immediate treatment.
Around 8 p.m, Sumesh was taken by a three-wheeler to the Mahiyangana Base Hospital and was admitted to Ward No. 8. There, Sumesh was chained to the bed and was guarded by two traffic police officers. Podi Kumari, the mother of Sumesh also stayed at the hospital, watching over Sumesh until the next morning.
On the November 6, Sunday, around 3 p.m. the Magistrate, Thishani Senabandu came to the Hospital along with the prison guards, and Sumesh was handed over to the prison guards and his chains were removed by the police and the prison guards then chained him again.
The Magistrate also called a doctor and the doctor was asked to fill some forms and the forms were handed over to the police. Then the prison guards took Sumesh by a public bus to the Badulla Remand Prison. Sumesh is still detained at the Badulla Remand Prison.
Sameera, the owner of the motorcycle, Sameera was then brought to the Mahiyangana Police Station, by the police officers, and was asked to make a statement to the effect that Sumesh was riding the motor cycle. As a favor, the police officers promised to release Sameera’s motorcycle.
Sumesh will now be produced in the Mahiyangana Magistrate’s Court on 15 November 2016.
According to Podi Kumari, the said Magistrate, Thishani Senabandu, had also remanded her on 3 December 2015, as the police officers accused her of coming to court in colored clothes; she was remanded for 14 days initially and then again for another seven days. These actions of the Magistrate captured national attention and were reported in Ravaya Newspaper on the 11 September 2016.
BACKGROUND:
Two police officers, namely Nimal (59946) & Kirindigoda (2195), had been trying to grab Podi Kumari’s land in 2006. According to Podi Kumari, the Magistrate has been assisting land grabbing police officers and this is the reason for the continued harassment that she and her son are suffering.
On the 20 October 2015, at around 4 p.m., a female constable by the name of Harshani (4962) and five other male police constables illegally arrested Podi Kumari. They did so in retaliation to Podi Kumari complaining to the Deputy Inspector General (DIG) against the illegal actions of the police officers of Mahiyanganaya Police Station.
Podi Kumari was taken by jeep to the Magistrate’s Official Residence. The Magistrate Thishani Senabandu then asked whether she is the Herath Mudiyanselage Podi Kumari. She said “yes”. Then the Magistrate said, “Don’t try to play with me, my husband is a DIG, I am not like other Magistrates, you should learn to respect the police uniform. You should be obedient to the police or else you have to leave this village.”
Further, the Magistrate asked the police officers, “Does this woman have any cases in court?” The police officers replied, that she has a case with her husband’s ex-wife. Then the Magistrate said, “Don’t allow her to dance, let us take her to task”.
Podi Kumari states that, the Magistrate of Mahiyangana, Thishani Senabandu, works closely with the police, as her husband was once a DIG. She said the Magistrate assists the police officers to grab lands from the poor. Thishani Senabandu had warned Herath Mudiyanselage Podi Kumari on several occasions at her chambers as well. The police and the Magistrate are harassing Podi Kumari & her son Sumesh.
According to Podi Kumari, the Lawyers of Mahiyangana Courts have complained to the Bar Association of Sri Lanka (BASL) and the Judicial Service Commission (JSC) against the illegal actions and behaviors of the Magistrate Thishani Senabandu, but politicians are protecting her. Thus, the Magistrate has been acting illegally, well beyond her role as a magistrate using her husband’s police connections and powers.
I therefore, request the intervention of your good offices to ensure that the authorities listed below instigate an immediate investigation into the allegations of illegal arrest, detention, and torture by the officers of Sri Lanka Police Department. The officers involved must also be subjected to internal investigations for the breaching orders of the Police Department.
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)
