SRI LANKA: Father illegally arrested instead of his son

ASIAN HUMAN RIGHTS COMMISSION - URGENT APPEALS PROGRAMME

Urgent Appeal Case: AHRC-UAC-145-2017
ISSUES: Administration of justice, Arbitrary arrest & detention, Impunity, Rule of law,

Dear Friends,

The Asian Human Rights Commission (AHRC) has received information regarding Mr. Kariyawasam Wickramaarachchilage Nimal Wickramasinghe, a permanent resident of Kantale Police Division. Nimal is the father of torture victim, Mr. Milan Saman Wickramasinghe (21). On 13 June 2017, Milan was tortured by Police Officers attached to the Kantale Police Station. After being treated in hospital, the victim’s son went into hiding in fear of further harassment by the Police. On 15 June, Police visited their home, arrested the mother of the victim accusing her of obstructing Police duties. Four days later, 19 June, Police arrested the father on fabricated charges.

Case Narrative:

The Asian Human Rights Commission has received information about Mr. Kariyawasam Wickramaarachchilage Nimal Wickramasinghe (48) of No: 247/1, Trincomalee Road, Kantale in the Trincomalee District. Nimal is married to Ms. Jaysekara Mudiyanselage Ramani Kumari and they have three children. Milan Saman Wickramasinghe (21) is one of their children.

Nimal’s son Milan is a victim of torture by Police officers attached to the Kantale Police Station. On 13 June 2017, Milan was tortured by two Police Officers and admitted for immediate treatment at the Kantale Base Hospital. Later, due to fear for his life and further torture, Milan left the village and went into hiding.

Six days later, on 19 June 2017 three Kantale Police Station Officers arrived at Nimal’s house at Thricomalee Road. They questioned him about his son Milan. He replied that he had gone to Colombo to work. He was in fear of the Police trying to illegally re-arrest and further harass his son.

On 15 June, his wife Kumari was arrested, detained in a cell and produced before the Kantale Magistrate on fabricated charges.

Next, the Police Officer arrested Nimal, brought him to the Kantale Police Station and detained him. On the evening of 19 September, he was produced before the Katale Magistrate accused of obstructing Police duties. Nimal refuted the accusations.

Nimal states that he was illegally arrested and detained in a cell by the Kantale Police. He said they violated his fundamental rights guaranteed by the Constitution.

Suggested Action:

Please send letters to the Authorities listed below expressing your concern about this case. Request an immediate investigation into the allegations of illegal arrest by the Police. Prosecute those proved to be responsible under Criminal Law for misusing the powers of the State. The Officers involved should be subject to an internal investigation for breach of Police Departmental Orders. Please request the National Police Commission (NPC) and the Inspector General of Police (IGP) to open a special investigation into the malpractices of Police Officers who abuse their powers.

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

SAMPLE LETTER

Dear _______

SRI LANKA: Father illegally arrested instead of his son

Name of Victim: Mr. Kariyawasam Wickramaarachchilage Nimal Wickramasinghe (48) of No: 247/1, Trincomalee Road, Kantale in the Trincomalee District

Alleged perpetrators: Police Officers attached to the Kantale Police Station

Date of incident: 19 June 2017

Place of incident: Kantale Police Division

According to information I have received Mr. Kariyawasam Wickramaarachchilage Nimal Wickramasinghe (48) of No: 247/1, Trincomalee Road, Kantale in the Trincomalee District. Nimal is married to Ms. Jaysekara Mudiyanselage Ramani Kumari and they have three children. Milan Saman Wickramasinghe (21) is one of their children.

Nimal’s son Milan is a victim of torture by Police officers attached to the Kantale Police Station. On 13 June 2017, Milan was tortured by two Police Officers and admitted for immediate treatment at the Kantale Base Hospital. Later, due to fear for his life and further torture, Milan left the village and went into hiding.

Six days later, on 19 June 2017 three Kantale Police Station Officers arrived at Nimal’s house at Thricomalee Road. They questioned him about his son Milan. He replied that he had gone to Colombo to work. He was in fear of the Police trying to illegally re-arrest and further harass his son.

On 15 June, his wife Kumari was arrested, detained in a cell and produced before the Kantale Magistrate on fabricated charges.

Next, the Police Officer arrested Nimal, brought him to the Kantale Police Station and detained him. On the evening of 19 September, he was produced before the Katale Magistrate accused of obstructing Police duties. Nimal refuted the accusations.

Nimal states that he was illegally arrested and detained in a cell by the Kantale Police. He said they violated his fundamental rights guaranteed by the Constitution.

I request the intervention of your good offices. Ensure that the Authorities listed below open an immediate investigation into the allegations of violations of the fundamental rights of Nimal by Officers of the Sri Lanka Police Department. The Officers involved should face an internal investigation for breach of Police 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 Program
Asian Human Rights Commission (ua@ahrc.asia)

Document Type : Urgent Appeal Case
Document ID : AHRC-UAC-145-2017
Countries : Sri Lanka,
Issues : Administration of justice, Arbitrary arrest & detention, Impunity, Rule of law,