SRI LANKA: Police assaulted and laid false charges on an officer working against illegal logging

Dear friends,

The Asian Human Rights Commission (AHRC) writes to inform you that the police had assaulted and laid false charges on another officer for his involvement in working against illegal logging. The policemen had his house searched without court orders. He was threatened and the police ignored the complaints he had made against the officers who assaulted him.

CASE DETAILS:  (Based on the testimony of the victim)

On 9 November 2008 at 11pm, some officers from the Karuwalagaswewa Police Division came to the house of the victim, Wijesekarage Don Senarath Appuhamy, where they conducted searches claiming there was a suspicious person present there.

Appuhamy is attached to the Civil Defence Force and is presently stationed at the Pahariya Security Check Point of the Karuwalagaswewa Police Division of Putlam. He bears service number T 61776.

Those who conducted searches include a constable from the Karuwalagaswewa Police Station, a constable attached to the Pahariya Security Check Point and six others attached to the Civil Defence Force under the Pahariya Police Division.

While searching Appuhamy’s house, an officer name Indika of the Civil Defence Force began scolding and threatening Appuhamy. After completing the search, a Constable attached to the Pahariya Security Check Point told the victim he should report for work on the following day.

Accordingly the following day, 10 November 2008, as Appuhamy was on his way to work he met another officer attached to the Civil Defence Force, Jayantha, near the 14th mile post of the Pahariya junction.  Jayantha was with his wife and was in plain clothes. Jayantha was also one of those who went to his house the night before.

Appuhamy asked Jayantha if Indika, the officer who had scolded and threatened him during the searches at his house, was known to him. But instead of answering his questions, Jayantha assaulted Appuhamy.

Appuhamy then went to make a complaint about the incident to the Area Captain in charge of the Civil Defence Force. Since he was not there at that time Appuhamy informed about the incident over the phone. The Area Captain told him to inform the police and go home. It was about 8pm.

After the incident, Appuhamy went to the Karuwalagaswewa Police Station to make a complaint where he met Chandrathilaka, a police Constable who bears a service no. 33619. Once again, he was instead assaulted and told: ‘you are the one we want’. Chandrathilaka assaulted him with a pole, hit his hand and kicked him by his boots until he fell unconscious. Chandrathilaka had his uniform ripped-off and torned before putting him inside their detention cell.

While Appuhamy was detained inside the detention cell, Jayantha, the officer whom he met and assaulted him, had come to the police station where he was held. However, the police there had Jayantha’s statement recorded and his version of story ignoring the complaint Appuhamy had tried to make earlier.

Appuhamy had to spend the whole night in police detention. At that night, he felt sick and was shouting due to excruciating pain he was suffering. Upon hearing this, Gunaratne Banda, the Officer-in-Charge (OIC) of the police station, kicked him after taking him out from the detention cell and told him to stop because he was only faking his ill-health.

It was only at 12:30am of November 11 that Appuhamy was taken to a hospital in Thabbowa. Upon arriving at the hospital, he told the hospital authorities that he had been assaulted by the police. He was admitted for treatment there.

At 8:30am that day, OIC Gunaratne Banda, the Police Constables Karunathilake and Chandrathilaka respectively came to the hospital where he was admitted. They had him taken outside the hospital telling him that he would be taken to the Putlam Hospital.  When he was taken from the hospital where he was first admitted, Appuhamy said he has not been able to sign any hospital document before having been transferred to the Putlam Hospital.

Appuhamy was then taken to the Putlam Magistrate before having been remanded to jail for charges of obstructing police duties—a charged which he came aware of later. Appuhamy said that before the charges was laid on him; he was never given any opportunity of getting legal assistance from a lawyer nor was he had his side of stories heard for his defense in court.

It was only on November 19 that Appuhamy was released on bail. On November 21, he was admitted and given medical treatment at the Anuradhapura General Hospital for three days. While being admitted, the Judicial Medical Officer (JMO) had his condition examined and his statement taken by the Hospital Police.

On November 25, Appuhamy had been called for a hearing of the case the police laid on him at the Putlam Court. Only then that he learned that he had been charged for obstructing police duties.

Appuhamy believes that the assault and subsequent filing of false charges on him could have had connection to his work against illegal logging, hunting of wild animals, brewing illicit liquor, bribery and other illegal activities in the area. The area is where the police who assaulted him are also assigned. He had been serving the Civil Defence Force for nine years and has in fact been rewarded for his accomplishment that led to having illegal loggers held in his area.

SUGGESTED ACTION:
Please write letters to the concerned authorities below calling for their intervention into this officer’s case. The policemen responsible of assaulting and filing false charges against him must be investigated and held to account for their actions. The false charges laid on him must also be withdrawn unconditionally.

The AHRC has also written letters to the United Nation Special Rapporteur on the Question of Torture and for Human Rights Defenders.

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