SRI LANKA: A seven year old child gunned down by Maharagama Police

Dear friends, 

The Asian Human Rights Commission (AHRC) has received information that a seven-year-old child was gunned down by officers attached to the Maharagama Police at Beruwala town, which is well outside their jurisdiction, on 15 September 2010. The injured child was admitted to the Beruwala Government Hospital and transferred to the General Hospital of Nagoda, where he later succumbed to his injuries. The child along with his parents went to the town by a three wheeler and suddenly police officers in civilian clothes opened fired at a group of people. Their firing was careless and indiscriminate and resulted in the death of the child and injury to the child’s father. The police discharged their firearms irresponsibly in a heavily crowded area which is not only a breach of Departmental order but against the existing law of the country. The case is yet another illustration of the exceptional collapse of the rule of law in the country. 

CASE NARRATIVE: 

According to Mr. Nimal Gunarathna Silva of Moragolla, eruwala, his son Sudil Nilupul Silva (7) was shot dead by police officers attached to the Maharagama Police Station at Beruwal town on the morning of 15 September 2010. Sudil was a grade 2 student of the Beruwala Massala Primary School.

On this particular day Sudil went to the Beruwala town along with his father and mother by a three-wheeler to give measurements for his Dhamma School uniform.

While they were in front of the petrol shed in the middle of the town his father saw a person in civilian clothes walk to the middle of the road and open fire with a revolver. The person fired five rounds. At that point in time a brown van stopped close to him and the man, who was later identified as a police officer, got into the van. It was after the incident that the men were identified as police officers and the van was a vehicle used by the officers. The officers and the shooter were from the Maharagama Police Station which is some distance from Beruwala and they had no jurisdictional right to be there. 

As a result of the shooting both the father and son were injured Sudil fell face down to the ground. Mr. Gunarathna immediately took the child to the Beruwala Government Hospital. Due to the severity of his injury he was transferred to the General Hospital of Nagoda for further treatment. He died later the same day. 

The shooting happened in the middle of a heavily crowded town in front of a market and shops where there were a large number of people.

According to the police version to the incident, acting on a tip-off the police officers received, a gang of suspects wanted by the Maharagama police in connection with cattle theft had been hiding out in Beruwala. The squad arrived from Maharagama and attempted to arrest the alleged criminals. 

What is important to notice in this incident is that the police officer used his firearm indiscriminately by opening fire when there was no evidence that the suspected persons had fired upon them. The officer opened fire, not in self defense but to try and prevent their escape. According to the Departmental Orders, which are generally ignored by all Sri Lankan police officers, before they use their firearms, the officers should have the proper orders from their seniors. 

The second point to note is that these officers belong to the Maharagama Police Station in the district of Colombo. Once again, according to the Department Orders, police officers from one jurisdiction must obtain the permission of the Superintendent of Police (SP) of the division they are entering prior to any action.  
Furthermore, it is essential to note that according to the existing law, police officers must obtain the express permission of a Senior Superintendent to carry a firearm outside of the police division they belong to. It is also stated quite clearly that they should be in uniform when arresting suspects and that they should travel in a police department vehicle which bears the word “POLICE” when going to apprehend a suspect unless there are extraordinary circumstance and permission is received. 

The Criminal Procedure Code further states that police officers should not use their firearms against a suspect unless that person is suspected of involvement of a crime that carries the death penalty. However, the police spokesman, when discussing the incident stated that it is inevitable for the police to carry-out such shooting in a public place when they were trying to capture suspects. That is not only totally against every written in the Department Orders and the Criminal Procedure Code but also the law! 

Subsequently nine persons, including five police officers, were arrested over the incident and have been remanded until September 30. Four civilians were later enlarged on bail by the courts. 

Sadly this is another incident of the death of an innocent child due to the malpractice and criminal like behaviour of the country’s police officers. It has been pointed out time and time again that the police are responsible for the safety of the civilians and the maintenance of the law and order of the country at all times. The safety of civilians whilst the officers are on duty is a non-transferable responsibility which cannot be neglected. Furthermore, deaths occurring at the hands of police officers are becoming frighteningly more common. 

Many identical cases have been reported in Sri Lanka within the past few months. If this is indeed such a common occurrence why then has the Inspector General of Police not issued orders to all the officers under his command to guarantee the life of civilians while the officers are on duty? 

While the officer who did the actual shooting cannot deny his guilt the Officer-in-Charge (OIC) of the Maharagama Police Station must bear responsibility for this child’s death.

ADDITIONAL COMMENTS: 

The Asian Human Rights Commission has reported innumerable cases of arbitrary arrest, detention, torture and extra judicial killings cases of citizens at the hands of the police which is illegal under international and local law and which have taken place at different police stations in the country over the past few years. The Asian Human Rights Commission has observed that the Sri Lankan police have used torture as an instrument to terrorize innocent persons and harass the public. Further, the country’s police are implementing a policy of eliminating criminals by killing them after arresting them without producing them to the court of law. 

Further, Article 13(4) of the Constitution of the country clearly stated that, “No person shall be punished with death or imprisonment except by order of a competent court, made in accordance with procedure established by law. The arrest, holding in custody, detention or other deprivation of personal liberty of a person, pending investigation or trial, shall not constitute punishment.” Further article 13 (5) guarantees the right of presumption of innocence until being proven guilty. 

Furthermore, Sri Lanka has signed and ratified the International Covenant on Civil and Political Rights (ICCPR). Nevertheless the lack of protection offered to those who are willing to take cases against abusive police officers and the state authorities, means that the law is under-used continues to be employed as a tool by the police to harass people. This not only takes a long-term toll on the victim and his or her family, but on society as a whole, by the undermining of civilian respect for the law and encouraging impunity. 

Furthermore, the Asian Human Rights Commission has continuously exposed the way the witness and the victims are getting harassed and on some occasions even killed to suppress the justice. Furthermore we have urged the State of Sri Lanka to adopt a law for the protection of witness protection. 

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 extra judicial killings by the police perpetrators, 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 department orders as issued by the police department. 

The AHRC has also written a separate letter to the Special Rapporteur on Extra-judicial, Summary or Arbitrary Executions on this regard. 

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