SRI LANKA: Innocent man arrested, detained, produced before the Courts on fabricated charges

ASIAN HUMAN RIGHTS COMMISSION - URGENT APPEALS PROGRAMME

Urgent Appeal Case: AHRC-UAC-167-2017
ISSUES: Administration of justice, Arbitrary arrest & detention, Impunity, Rule of law,

Dear Friends,

The Asian Human Rights Commission (AHRC) has received information regarding Mr. Alawaththa Kamkanamge Tharindu Madusha (31) a resident of the Ragama Police Division. Madusha was illegally arrested and detained 15 August 2017, by Officers of the Negombo Police Station. On 16 August, he was produced before the Negombo Magistrate on fabricated charges which he vehemently refuted. The victim questioned the legality of all the actions of the Police, namely arrest, detention and leveling of false charges against him. HE SEEKS JUSTICE.

Case Narrative:

The Asian Human Rights Commission has received information about Mr. Alawaththa Kamkanamge Tharindu Madusha (31) of Kuruthalawa, Ragama in the Gampaha District. Madusha works as a driver.

Madusha was arrested on 15 August 2017 by Police Officers attached to the Negombo Headquarters Police Station. He observed that several other people were also arrested by the same Police team. At the time of arrest, the Police did not produce a legal Court Warrant against him, or give any valid reason. He was simply questioned about his identity details. Later, on promise of release after recording a statement he was nevertheless arrested and brought to the Police Station accused of plotting to commit a crime of theft. Madusha, from the very beginning of the accusations refuted them and questioned the Officers as to WHY they were raising such a question. He was next held in a cell.

The next day, 16 August 2017, Madusha was produced before the Negombo Magistrate’s Court. He learned that the Police have filed fabricated charges against him and he has yet to know the details of his case.

Madusha raised his concerns that the actions of the Police were illegal and violated his fundamental rights, guaranteed to him by the Constitution. The victim seeks justice and relief.

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, detention and producing the victim before the Courts on fabricated charges. Prosecute those proved to be responsible under the Law for misusing the powers of the State. The Officers involved must 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: Innocent man arrested, detained and produced before the Courts on fabricated charges
Name of Victim: Mr. Alawaththa Kamkanamge Tharindu Madusha (31) of Kuruthalawa, Ragama in Gampaha District
Alleged perpetrators: Police Officers attached to the Negombo Police Station
Date of incident: 15 August 2017
Place of incident: Negombo Police Division

According to information I have received about Mr. Alawaththa Kamkanamge Tharindu Madusha (31) of Kuruthalawa, Ragama in the Gampaha District. Madusha works as a driver.

Madusha was arrested on 15 August 2017 by Police Officers attached to the Negombo Headquarters Police Station. He observed that several other people were also arrested by the same Police team. At the time of arrest, the Police did not produce a legal Court Warrant against him, or give any valid reason. He was simply questioned about his identity details. Later, on promise of release after recording a statement he was nevertheless arrested and brought to the Police Station accused of plotting to commit a crime of theft. Madusha, from the very beginning of the accusations refuted them and questioned the Officers as to WHY they were raising such a question. He was next held in a cell.

The next day, 16 August 2017, Madusha was produced before the Negombo Magistrate’s Court. He learned that the Police have filed fabricated charges against him and he has yet to know the details of his case.

Madusha raised his concerns that the actions of the Police were illegal and violated his fundamental rights, guaranteed to him by the Constitution.

The victim seeks justice and relief. 

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 the victim by Officers of the Sri Lanka Police Department. The Officers involved should also be subject to internal investigations 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 Programme
Asian Human Rights Commission (ua@ahrc.asia)

Document Type : Urgent Appeal Case
Document ID : AHRC-UAC-167-2017
Countries : Sri Lanka,
Issues : Administration of justice, Arbitrary arrest & detention, Impunity, Rule of law,