SRI LANKA: Police fail to investigate the case of three missing females

ASIAN HUMAN RIGHTS COMMISSION - URGENT APPEALS PROGRAMME

Urgent Appeal Case: AHRC-UAC-178-2017
ISSUES: Administration of justice, Enforced disappearances and abductions, Impunity, Rule of law,

Dear Friends,

The Asian Human Rights Commission (AHRC) has received information regarding three missing females in the Wellampitiya Police Division on 14 October 2017. According to relatives they have lodged a complaint with the Wellampitiya and the Grand Pass Police Stations. They requested an urgent investigation to ensure the safety of the young women. On 18 October 2017, the victims themselves reported to the Police Stations. They were produced before the Colombo Magistrate’s Court and remanded. It has still not come to light as to who was responsible for premeditating, conspiring, abducting and detaining these young women. The AHRC has disclosed that there are three different missing cases in the last three months that have taken place in three different areas in the country. A serious attempt must be made by the Sri Lanka Police to address these issues and provide the necessary protection for all citizens. The democratic framework of the State and the liberal rights of its people must absolutely be safeguarded.

Case Narrative:

Case History

According to information received by the Asian Human Rights Commission, one young woman and two underage girls went missing on 14 October 2017 in the Wellampitiya Police Division. They were identified as 19-year old Malithi Wathsala Perera, the mother of an infant, 15-year old Yasanthi Madushani the sister-in-law of Malithi and a 14-year old from their neighborhood named Charithri Chandrasekaram also known as Sweta. 

They all were residents of the 6th floor, Laksanda Sevena, Salamulla, Kolonnawa in the Colombo District within the Wellampitiya Police Division.

The three teen-agers departed from their apartments on Saturday 14 October, to visit Malithi’s father at his residence in Nagalagamuwa Street, Orugodawatte in the Grand Pass Police Division. After their arrival, they left Malathi’s father’s house to buy clothes from a nearby boutique but did not return. They have been missing ever since. 

Complaints to the Police 

The relatives of the missing females searched every possible place they could think of. However, they were not successful. The parents of the missing girls filed a complaint with the Wellampitya Police Station on 15 October 2017. 
As all the young women were found missing from Malathi’s father’s residence at the Grand Pass Police Division, the relatives lodged complaints with the Grand Pass Police Station on 15 October as well. 

Meanwhile, Charithri Chandrasekaram contacted Malithi Wathsala’s husband at 9:00 a.m. the morning of 16 October. He informed him that the young women not harmed and that the “Police should not be informed of their disappearance”. 
Failure in Police Investigation and Denial of Rights 

The relatives contacted several national Media agencies that gave wide publicity to the case, seeking public assistance in finding their children. Meanwhile, Police informed the family that they have started an investigation into the disappearance of the young mother and the two female girls. Up until 18 October 2017, the Police have not provided any additional information to the relatives or the concerned public about this highly protracted case.

Some new information surfaced that the three young women visited a restaurant in the Gampaha District. Relatives visited the place and insisted the management of the restaurant check the CCTV camera to verify the identity of the victims. They waited half a day and repeatedly requested the Police to check out the restaurant BUT the Police never showed up. The family was not able to pick up any additional information and the Police were negligent in fulfilling their public Duty of Care to investigate the case. 

On the morning of 18 October 2017, two of the victims, Malithi and Yasanthi arrived at the Wellampitiya Police Station by themselves with the assistance of another woman. She had given shelter to the two teenagers. When they questioned the Police about the third missing young woman, Charithri, they were not able to provide any more information, still being unaware of her whereabouts. When the Police recorded the statements of the two missing females, there were several contradictions in their statements. 

On the same day, the third missing female, Charithri, reported to the Gampaha Headquarters Police Station by herself. When the Officers took down her statement–again there were several contradictions. She revealed the fact that she was a servant in the house of a powerful politician in Gampaha. The Media later identified the residence where she worked when she was 14 years old.

In the end six people were arrested. These included the three females, one woman who provided shelter for them, one seventeen year-old boy and a man who also helped them. All of them were produced before the Colombo Magistrate’s Court and remanded. 

The relatives questioned who were the culprits in this case? Who snatched these young women from their family’s protection? Who were the responsible individuals premeditating and conspiring to bring about this whole incident? Who were the abductors who aided and abetted these crimes? These three teenagers were brought and detained at an unknown place for what purpose? Was it sending them as a household servant and two unmarried singletons for trafficking? Who were ACTUALLY behind these crimes? 

None of these things have been investigated to anyone’s satisfaction. No responsible persons have been arrested and produced before a Court of Law. 

The AHRC has reported three missing persons’ cases within the last three months. The protection of all citizens and their properties is the primary duty of the Police in any civilized society. The lethargic and passive approach taken by the Police regarding these three missing young women was publicly criticized as being a failure as a Law Enforcement Agency. The breakdown of Sri Lanka’s Policing System has resulted in a lack of the necessary protection for its citizens and a fostering of the law and order which creates social stability in a country. 

The AHRC reiterates the absolute responsibility of the Policing System of Sri Lanka. It requests that the National Police Commission (NPC) investigate the entire response by the Police Service in this complaint. The NPC needs to adopt realistic, rational and successful systematic measures to address these kinds of exceptional complaints of its citizens. 

Suggested Action:

Please send letters to the Authorities listed below expressing your concern about this case. Request an immediate Police investigation into allegations of inefficiently investigating these three missing females’ case. Those proven to be responsible under the Law should be prosecuted. Please recommend the National Police Commission (NPC) and the Inspector General of Police (IGP) open a special investigation into the malpractice of Police Officers abusing power.

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

SAMPLE LETTER

Dear ________,

SRI LANKA: Police fail to investigate the case of three missing females

Name of Victim
: 
1) 19-year old Malithi Wathsala Perera, mother of an infant, 
2) 15-year old Yasanthi Madushani the sister-in-law of Malithi and a
3) 14-year old from their neighborhood named Charithri Chandrasekaram also known as Sweta. 
Alleged perpetrators: 
1) unknown individuals
2) Officers attached to the Wellampitiya and Grand Pass Police Stations. 
Date of incident: 14 October 2017
Place of incident: Wellampitiya Police Division

According to information I have received one young woman and two underage girls went missing on 14 October 2017 in the Wellampitiya Police Division. They were identified as 19-year old Malithi Wathsala Perera, the mother of an infant, 15-year old Yasanthi Madushani the sister-in-law of Malithi and a 14-year old from their neighborhood named Charithri Chandrasekaram also known as Sweta. 

They all were residents of the 6th floor, Laksanda Sevena, Salamulla, Kolonnawa in the Colombo District within the Wellampitiya Police Division.

The three teen-agers departed from their apartments on Saturday 14 October, to visit Malithi’s father at his residence in Nagalagamuwa Street, Orugodawatte in the Grand Pass Police Division. After their arrival, they left Malathi’s father’s house to buy clothes from a nearby boutique but did not return. They have been missing ever since. 

Complaints to the Police 

The relatives of the missing females searched every possible place they could think of. However, they were not successful. The parents of the missing girls filed a complaint with the Wellampitya Police Station on 15 October 2017. 
As all the young women were found missing from Malathi’s father’s residence at the Grand Pass Police Division, the relatives lodged complaints with the Grand Pass Police Station on 15 October as well. 

Meanwhile, Charithri Chandrasekaram contacted Malithi Wathsala’s husband at 9:00 a.m. the morning of 16 October. He informed him that the young women not harmed and that the “Police should not be informed of their disappearance”. 
Failure in Police Investigation and Denial of Rights 

The relatives contacted several national Media agencies that gave wide publicity to the case, seeking public assistance in finding their children. Meanwhile, Police informed the family that they have started an investigation into the disappearance of the young mother and the two female girls. Up until 18 October 2017, the Police have not provided any additional information to the relatives or the concerned public about this highly protracted case.

Some new information surfaced that the three young women visited a restaurant in the Gampaha District. Relatives visited the place and insisted the management of the restaurant check the CCTV camera to verify the identity of the victims. They waited half a day and repeatedly requested the Police to check out the restaurant BUT the Police never showed up. The family was not able to pick up any additional information and the Police were negligent in fulfilling their public Duty of Care to investigate the case. 

On the morning of 18 October 2017, two of the victims, Malithi and Yasanthi arrived at the Wellampitiya Police Station by themselves with the assistance of another woman. She had given shelter to the two teenagers. When they questioned the Police about the third missing young woman, Charithri, they were not able to provide any more information, still being unaware of her whereabouts. When the Police recorded the statements of the two missing females, there were several contradictions in their statements. 

On the same day, the third missing female, Charithri, reported to the Gampaha Headquarters Police Station by herself. When the Officers took down her statement–again there were several contradictions. She revealed the fact that she was a servant in the house of a powerful politician in Gampaha. The Media later identified the residence where she worked when she was 14 years old.

In the end six people were arrested. These included the three females, one woman who provided shelter for them, one seventeen year-old boy and a man who also helped them. All of them were produced before the Colombo Magistrate’s Court and remanded. 

The relatives questioned who were the culprits in this case? Who snatched these young women from their family’s protection? Who were the responsible individuals premeditating and conspiring to bring about this whole incident? Who were the abductors who aided and abetted these crimes? These three teenagers were brought and detained at an unknown place for what purpose? Was it sending them as a household servant and two unmarried singletons for trafficking? Who were ACTUALLY behind these crimes? 

None of these things have been investigated to anyone’s satisfaction. No responsible persons have been arrested and produced before a Court of Law. 

The AHRC has reported three missing persons’ cases within the last three months. The protection of all citizens and their properties is the primary duty of the Police in any civilized society. The lethargic and passive approach taken by the Police regarding these three missing young women was publicly criticized as being a failure as a Law Enforcement Agency. The breakdown of Sri Lanka’s Policing System has resulted in a lack of the necessary protection for its citizens and a fostering of the law and order which creates social stability in a country. 

The AHRC reiterates the absolute responsibility of the Policing System of Sri Lanka. It requests that the National Police Commission (NPC) investigate the entire response by the Police Service in this complaint. The NPC needs to adopt realistic, rational and successful systematic measures to address these kinds of exceptional complaints of its citizens. 
I request the intervention of your good offices. Ensure that the Authorities listed below open an immediate investigation into alleged violations of fundamental rights of the victims 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 Programme
Asian Human Rights Commission (ua@ahrc.asia)

Document Type : Urgent Appeal Case
Document ID : AHRC-UAC-178-2017
Countries : Sri Lanka,
Issues : Administration of justice, Enforced disappearances and abductions, Impunity, Rule of law,