SRI LANKA: No action taken against air force officers who assaulted villagers and damaged their property

ASIAN HUMAN RIGHTS COMMISSION - URGENT APPEALS PROGRAMME

Urgent Appeal Case: AHRC-UAC-260-2008
ISSUES: Impunity, Threats and intimidation,

Dear friends, 

The Asian Human Rights Commission (AHRC) has received information regarding an incident in which two young men were harassed by air force officers attached to the Koggala Air Force Base on November 4, 2008. Under the influence of liquor, the officers assaulted two villagers and damaged their property. Similar incidents had taken place earlier. Not a single case has been thoroughly investigated and not one officer involved in the harassment has been punished. 

CASE DETAILS: (Based on the testimony of the victim’s father Udugalpitiya Ediri Thanthrige Rohana Jagathweera, 62) 

On November 4, 2008, while Gayan Anurudda, 24, was returning home from work in a three- wheeler, four officers attached to the Koggala Air Force Base stopped him and demanded to know where he was going. Gayan showed them his house in the distance and said that he was going home. The officers who were under the influence of liquor carried poles. One officer suddenly slapped him and told him to go home. 

When Gayan reached home, he related the incident to his family. Deciding to make a complaint to the police regarding this harassment, Gayan left the house with his brother Roshan on their motorcycle. However, the road was blocked by the same officers who did not allow them to pass. 

Gayan and his brother then tried to go to report the incident to the Commanding officer of the air force base. However, when the officers at the gate became aware of why they were there, they did not allow them in. As they were leaving the premises, the four officers came and knocked their motorcycle down, smashed it with poles and started to assault them. Officers at the gate also joined in the assault. Gayan and his brother ran away and hid for fear of being beaten further. 

After a while, the officers came in a jeep to the house in search of the two men. According to Gayan’s mother, hiding in her neighbours’s house and watching the raid, the officers started to strike the doors and windows of the house with poles. They threatened to kill the two when they found them. The officers broke down the door of the grinding mill which was owned by Gayan’s family and took Rs. 43,000 (USD 391). The officers went looking for the two in the village and came back again to the house. Not finding anyone there, they broke the light in front of the house. 

When Gayan’s sister Ajantha Shiyamali heard about the incident, she and her husband got into a three- wheeler and tried to go to the house. On the way, the three- wheeler was stopped at a security road block and a lift was requested to the Air Force base for a senior officer. When the three- wheeler went to the base to drop off the officer, about 15 officers wielding sticks and poles in their hands surrounded their vehicle. Then, the officer excused himself and got down out of the vehicle. At the same time, Gayan’s sister and her husband saw the motor cycle belonging to Gayan on the ground being smashed and broken. 

Gayan’s sister and her husband went to the Habaraduwa Police Station to lodge a complaint. The police insisted that those directly involved in the incident come to the police station. No action was taken regarding this matter. 

Knowing that the air force officers were still looking for them, Gayan and his brother called their sister and told her to ask the police to come and take them safely into custody. Thereafter Gayan’s sister and her husband went again to the police station and told them that the air force officers were threatening to kill the two when they found them, and a statement was recorded to that effect. 

At 4am on November 5, some air force officers came and set fire to a three-wheeler that was parked outside the house. Gayan’s mother and another brother watched this from a neighbour’s house. Several other neighbours also witnessed this. Later people in the village came and extinguished the fire. 

Gayan’s sister and her husband reported this incident at the Habaraduwa Police Station. Police officers came and inspected the premises of the house and collected Gayan and his brother from where they were in hiding. The two sustained injuries due to the assault and needed medical attention but the police did not do anything to help them. Neither did the police take a statement from the two and released them after a time. 

Gayan’s sister and her husband took the two boys to the Karapitiya Hospital for treatment and they were admitted to ward 5 on November 5. 

Two air force officers who also sustained injuries during the assault were in the same hospital in ward 9. When the officers got to know Gayan and his brother were there, they threatened to kill them and took photographs of them. Gayan’s sister and her husband informed the Hospital Police about this threat. The officers were prohibited from entering the ward 5 thereafter. At this time, Gayan’s father notified the Air Force Police of this incident 

On November 6, Officer-in-Charge (OIC) of the Habaraduwa Police Station returned the smashed motorcycle to Gayan’s house. He was told of the incident of the three-wheeler being set on fire by air force officers. However, the OIC said that they could get the motor cycle repaired but not the three-wheeler because the Air Force officers were involved. Then, Gayan’s mother challenged him saying she and her neighbours had seen the air force officers set the fire. 

A message was sent to Gayan’s house to meet with the Commanding Officer of the Air Force Base. Accordingly, Gayan’s father together with the Head Priest of the temple, Koggala Muchalindaramaya, three Grama Sevaka officers of the area, and the chairman of the Village Development Committee met the Commanding officer. 

At the meeting, the Commanding officer apologized for the unfortunate incident and stated that he would take steps to see that such incidents would not happen again. He further told the Grama Sevaka officers to organize a meeting in the village on 15 November. Thereafter, he asked Gayan’s father what he expected from him. Gayan’s father said compensation should be paid for damages caused to their property. The Commanding Officer disagreed. 

Villagers signed a petition regarding this incident. Then, police asked villagers to gather at the temple for a meeting on 8 November. 

Gayan’s father and about 225 villagers were represented at the meeting. The OIC Police, OIC Crime Division, the first, second and third officers of the Air Force Base, the Grama Sevaka officers and the temple head priest were also present. The Commanding Officer had suggested that a committee be appointed to prevent such incidents recurring in the future. 

The villages however wanted to know what action he was going to take with regard to the incident that had already happened. The Commanding Officer tried to cover up this case by offering to pay for the damages of motorcycle. Gayan’s father did not agree to this. The villagers had stated that about 6-7 similar incidents had occurred in which no action had been taken. 

One villager stated that her son was also harassed by Air force officers while he was eating. Other villagers started relating similar incidents but the second officer of the Air Force said that they could not accept such stories. 

The OIC told Gayan’s father that they came to the meeting not to listen to the villager’s nonsensical stories but to reach a settlement and pay damages due to the incident. However, the OIC stated that damages for the motor cycle could be paid but not for the three-wheeler. Gayan’s father then questioned the reason because there were witnesses to the incident. He also pointed out inaction on the part of the police even though Gayan and his brother had already made a statement. The OIC said that a statement taken by the Hospital Police was enough. Later the OIC said Gayan’s brother was to bring Gayan and Roshan to the police station to record a statement. 

Villagers alleged that the meeting was called to cover up the violent action taken by the air force officers. 

On 10 November, the complaint regarding this incident was sent to President Mahinda Rajapaksha, Air Force Commander, Inspector General of Police and Defense Secretary. A petition signed by about 210 villagers was also attached to the complaint. 

On 18 November, another written compliant setting out the details of the incident was sent to the Chairperson of The Human Rights Commission and National Police Commission, Inspector General of Police, Attorney General, Air Force Commander, Deputy Inspector General South and Senior Superintendent of Police in Galle. 

No action has yet been taken. 

SUGGESTED ACTION: 
Please write a letter to the relevant authorities listed below, urging them to investigate this incident and take due disciplinary and legal action against the officers concerned. 

Please be informed that the AHRC has also sent a separate letter to the UN Special Rapporteur on the Question of Torture calling for intervention in this matter.

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

SAMPLE LETTER

Dear __________, 

SRI LANKA: Please investigate and punish air force officers under the influence of liquor involved in assaulting villagers and damaging their property 

Name of victims
1. Mr. Gayan Anurudda, 24, running a small grinding mill business 
2. Mr. Roshan Warna Debe, 29, working at a hotel, victim 1’s brother 
(All reside at no. 418, Thalakuduwa Mawatha, Koggala, Habaraduwa) 
Name of alleged perpetrators
1. Mr. Silva, officer attached to the Koggala Air Force base, who initially slapped victim 1 and smashed his motorcycle; involved in assaulting the victims and seting fire to a three-wheeler 
2. Mr. Munasinghe, Mr. Veragoda, Mr. Nandasiri, Mr. Ariyaratna attached to same Air Force base; involved in assaulting Victim 1 and 2 and setting fire to the three-wheeler 
Officers in charge
1. Commanding officer and other responsible officers of the Koggala Air Force base 
2. OIC Habaraduwa Police and other officers of the Habaraduwa police station 
Date of incident: 4 November 2008 

I am writing to voice my deep concern regarding an incident in which two young men were assaulted and their property destroyed by officers of the Air Force attached to the base at Koggala on 4 November 2008. 

According to information received, Gayan was initially assaulted and when he tried to complain of the incident to the Commanding Officer of the base, both Gayan and Roshan were assaulted and their motorcycle destroyed. The officers were under the influence of liquor. 

The two went into hiding to escape further assault by the officers, who had been searching for them throughout the village threatening to kill them. The officers returned to the house several times, set fire to the three-wheeler which was parked on the premises, broke down the door of the grinding mill which was adjoining the house and stole money from there, and finally smashed the light in front of the house. 

I am informed that no action was taken by the Habaraduwa police with regard to the complaints made by the family of the youth, regarding this destructive violence. Thereafter when the air force officers continued to threaten to kill the two, a complaint was forcibly recorded at the Habaraduwa police station at the instigation of the family. They requested that the police go and bring the two to safety. 

I am also informed that even though the police went and brought the two from their hiding place they provided no security for them and released them soon after without even taking a statement. Neither did they refer them for medical attention for the apparent injuries sustained in the assault. 

I am further informed that the Commanding Officer had called a meeting with the village leaders and the father of the youth and apologized for the incident. However, even though he had agreed to meet the damages of the motor cycle he had refused to meet the damages for the three-wheeler. 

This unsatisfactory position led the villagers to sign a petition in protest. 

Thereafter the Commanding Officer called a meeting in the village temple. He suggested a committee be appointed to prevent such incidents recurring in the future. The villagers pressed him as to what steps he would take with regard to the present situation. They said that such incidents had happened before but no action had ever been taken on them. A senior officer of the Air force at the meeting stated that they did not come there to listen to the villagers’ nonsensical stories. 

The OIC of the Habaraduwa Police reiterated that the damages caused to the three-wheeler would not be met by the Air Force officers. 
To date no action has been taken by the police or the air force. This was not the first time that similar incidents had occurred with no investigation being initiated. 

In light of the above, I urge you to thoroughly investigate these violent incidents so that those officers involved in assault and other crimes are properly prosecuted and punished according to the law. 

Action should be taken against the Commanding Officer and other high officials of the Koggala Air Force base if found negligent in having taken proper action in this case. 

Immediate action must also be taken against the Officer in Charge and other responsible officers of the Habaraduwa Police who supported the Air force officers by not taking action on the complaints made and not providing proper security in the village. 

Yours sincerely, 

—————- 

PLEASE SEND YOUR LETTERS TO

1. Mr. Mahinda Rajapakse 
President 
Socialist Democratic Republic of Sri Lanka 
C/- Office of the President 
Temple Trees 
150, Galle Road 
Colombo 3 
SRI LANKA 
Fax: +94 11 2472100 / +94 11 2446657 
E-mail: secretary@presidentsoffice.lk 

2. Secretary 
Ministry of Defence, Public Security, Law and Order 
15/5, Baladaksha Mawatha, 
Colombo 03, 
SRI LANKA 
Tel: 94-11 2 430860-9, 430878-9 or 435879 (for the secretary) 
Fax: 94 11 2 446300 or 421529 
E-mail: secdef@sltnet.lk 

3. Mr. Jayantha Wickramaratne 
Inspector General of Police (IGP) 
New Secretariat 
Colombo 1 
SRI LANKA 
Fax: +94 11 2 440440/327877 
E-mail: igp@police.lk 

4. 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 

5. Mr. Hemantha Priyasanth Dep 
Acting Attorney General 
Attorney General’s Department 
Colombo 12 
SRI LANKA 
Fax: +94 11 2 436421 
E-mail: ag@attorneygeneral.gov.lk 

6. 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@ahrchk.org)

Document Type : Urgent Appeal Case
Document ID : AHRC-UAC-260-2008
Countries : Sri Lanka,
Issues : Impunity, Threats and intimidation,