Dear friends,
The Asian Human Rights Commission (AHRC) has received the information that Baduraliya Police have illegally arrested and detained a rubber tapper, and fabricated charges against him by taking his thumbprint signature on an unknown statement. The victim has pleaded not guilty and was released on bail, but is currently facing charges of harbouring illegal alcohol. His case is due to be called on 22 January 2010.
CASE DETAILS:
On the 2 November 2009 Ukwatta Arachchige Piyadasa, a 56-year-old labourer on a rubber estate was visiting the house of his employer, Neville Atukorale, when two police officers in civilian dress entered the house, at around 10am. They said that they were from the Baduraliya Police station and they accused Piyadasa with selling illicit liquor produced by a neighbour, which he denied.
According to our information an officer then picked up a branch from the roadside and threatened to hit Piyadasa if he did not tell them where his illegal alcohol stock was kept. When he proclaimed innocence, the officers placed him in between them on their motorcycle and detained him in a cell at Baduraliya police station. They had no warrant for his arrest.
At around 8pm another police officer asked Piyadasa if he had previous convictions, and appeared to record the statement before telling him to sign the paper using his finger prints; the officer did not read the statement to the detainee or allow him to read it. Piyadasa was released on bail after 24 hours and was told to be present at the Mathugama Magistrates Court on 6 November 2009. Arriving at the court that day, Piyadasa found out that the officers had fabricated charges against him of harbouring five bottles of illicit liquor. He was released on bail again and told to attend court on 22 January 2010 (case number 50678). He has angered local police by refusing to plead guilty and pay the customary fine, and he now fears for his security.
SUGGESTED ACTION:
Please write to the local authorities listed below and demand that the charges against the victim be dropped by the police due to the corruption of legitimate procedure. Please call for due disciplinary and legal action to be taken against the Baduraliya officers involved.
To support this case, please click here: SEND APPEAL LETTER
SAMPLE LETTER
Dear __________,
SRI LANKA: Baduraliya police illegally arrest and fabricate charges against a rubber tapper
Name of victim: Ukwatta Arachchege Piyadasa, 56; married with 2 children; manual labourer; resident of Hadigalla Settlement, Puwakdola, Baduraliya.
Name of alleged perpetrators: Officers attached to Baduraliya Police Station, Kalutara Divison, Western Province (South) Range
Date of incident: 2 November 2009
Place of incident: Baduraliya
I am writing to voice my deep concern regarding the alleged illegal arrest, custody and fabrication of charges against a rubber estate worker by the Baduraliya police on 2 November 2009. The man was picked up by officers in civil clothes, threatened with violence and detained for 24 hours. I am told that he was instructed to sign a paper with his finger prints by officers but did not have the statement read to him and was not allowed to read it. At the Mathugama Magistrates Court on 6 November 2009 Mr. Piyadasa found out that he faced fabricated charges for the supposed harbouring of five bottles of illicit liquor (case 50678).
I expect a swift inquiry into this matter. If police procedure has been violated, the charges against the accused must be dropped and disciplinary and legal action must be taken against the Baduraliya officers involved in his framing. Security must also be provided for Mr. Piyadasa who has decided to pursue justice. In similar situations underprivileged Sri Lanka civilians tend to plead guilty and pay a fine on or off the record to be released. His resistance to this must be appreciated, as must his vulnerability to harassment by officers in the area.
Yours sincerely,
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PLEASE SEND YOUR LETTERS TO:
Mr. Mahinda Balasuriya
Inspector General of Police (IGP),
New Secretariat,
Colombo 1,
SRI LANKA
Fax: +94 11 2 440440
E-mail: igp@police.lk
Mr. Mohan Peiris
Attorney General
Attorney General’s Department
Colombo 12
SRI LANKA
Fax: +94 11 2 436421
Secretary, National Police Commission,
3rd Floor Rotunda Towers,
109 Galle Road
Colombo 03,
SRI LANKA
Tel/Fax: +94 11 2 395960
E-mail: polcom@sltnet.lk
Secretary, Human Rights Commission of Sri Lanka,
No 108 Barnes Place
Colombo 07
SRI LANKA
Tel: +94 11 2 694 925 / 673 806
Fax: +94 11 2 694 924 / 696 470
E-mail: sechrc@sltnet.lk
Senior Superintendent of Police
Office of the Senior Superintendant of Police
Kalutara Division
Fax: +94 34-2222146
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Thank you.
Urgent Appeals Programme
Asian Human Rights Commission (ua@ahrchk.org)
