SRI LANKA: Police allegedly mishandle a case by using threats

Dear friends,

The Asian Human Rights Commission (AHRC) has received information that police in Sri Lanka have allegedly ill- treated and threatened a man with imposition of false charges  dating from April 2008.  Meanwhile, the man has lodged several complaints but up to now no investigation has been undertaken.

CASE DETAILS: (Based on the testimony of Lakshapathi Maha Vidyalage Chandrasiri de Mel)

Lakshapathi Maha Vidyalage Chandrasiri de Mel (52) married with 5 children is a timber contractor.

In September 2007, Chandrasiri commenced a contract to do the timber work on a house being built by Kumara Kothalawala and his wife Thanuja, at No 95, Senanayake Road Nawala.

Chandrasiri worked with his men until April 11, when he stopped, stating that he will begin work again in three weeks after the New Year holiday. However, before even two weeks had passed after the New Year holiday, Kumar Kothalawala and his wife Thanuja came to Chandrasiri’s house and scolded him in a demeaning manner in front of his neighbours. Chandrasiri lodged a complaint regarding this incident at the Panadura Police Station.

After this incident, Chandrasiri was called to the Kollupitiya Police Station, where the Officer-in-Charge (OIC) scolded and intimidated him in a demeaning and humiliating manner. Furthermore the OIC threatened Chandrasiri that if he did not finish the work in Kumar Kotalawala’s house soon he will be arrested and brought to court. Chandrasiri claims that he was further threatened by police constable Nandapala.

Frightened, Chandrasiri decided to go back to work on the house of Kumar Kotalawala. While working there, Chandrasiri was continually subjected to scoldings by the client’s wife,Thanuja, which were demeaning and harassing. Furthermore, Kumara Kothalawa tried to assault him. Chandrasiri lodged a complaint with regards to this attempted assault (No. CIB 1 369/325) but the Welikada police had not taken any steps regarding his complaint. Chandrasiri claims that he was forced to continue his work because both his machinery and his timber were on site.

Chandrasiri also alleged that Thanuja was stealing timber and complaining that the completed work was not up to standard. He was forced to re-do the work at his own personal expense.  Since it was not possible to work under such trying conditions he stopped the work.

At this point, Chandrasiri was again called to the Kollupitiya Police Station where the OIC and sergeant Nandapala again threatened him. If he did not re-commence the work on the house of Kumar Kotalawala, they will fabricate a case against him and summon him to court.

As such, Chandrasiri again started work at Kumar Kotalawala’s. However, he stated that he was only going to complete the work already begun and not start any new work. He further requested that his timber and his machinery, which he alleged to have been confiscated by his employer, be returned to him. In addition, a sum of money owed to him by Kumar Kotalawala should be paid. Chandrasiri stopped work on July 12.

On July 16, Chandrasiri went to the Welikada police and lodged a complaint (No. CIB 48/262), asking that his machinery, and his timber worth about Rs. 20,000/= (USD 185) be returned to him. He further asked that the sum owed to him amounting to Rs. 60,000/= (USD 557) be paid.  To date the Welikada police have taken no steps regarding this complaint.

On July 24, the Panadura Police informed Chandrasiri to present himself at the Kollupitiya Police Station at 11am on July 26. Chandrasiri did not go because he said it will only serve to further harass him. He has also complained in writing about the incident to several government authorities.

ADDITIONAL COMMENTS:

Chandrasiri alleges that the OIC and officer Nandapala of the Kollupitiya police had been bribed by his employer Kumar Kotalawala. This may explain the threats and harassment by the Kolluypitiya police, even the threat of fabricating a case against him. The OIC and officer Nandapala are in violation of Chandrasiri’s fundamental rights as enshrined in Chapter 3 of the Constitution of Sri Lanka. In particular, Section 11 says that no person shall be subject to torture or to inhuman or degrading treatment or punishment and Section 12 which states that all people are equal before the law and are entitled to equal protection of the law.

Further Chandrasiri alleges that no steps had been taken on the complaints he lodged at the Welikad Police Station. Non-action in carrying out police responsibilities is as serious a crime as action using an excess of police power.

SUGGESTED ACTION:
Please write to the local authorities listed below and demand a prompt and thorough investigation into this matter.

Please be informed that the AHRC has written separate letter to the UN Special Rapporteur on the Question of Torture calling for intervention in this case.

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