Dear friends,
The Asian Human Rights Commission (AHRC) has come to learn of a case involving the Homagama police. After stopping a citizen and finding a knife in his possession, Police Sergeant (PS) Sunil from the Homagama police immediately assaulted the man and took him into custody. Despite the man explaining that the knife was required for his work duties, PS Sunil arbitrarily confiscated the mans drivers license and refused to return it. When he returned to the police station the following day to attempt to retrieve his license, the man learned that the police had recorded that it was he who had lost his license.
On 24 May 2006 Mr. Nandapala together with four of his workmates were returning from Kirindiwella when at Homagama they were stopped at a police checkpoint. Several policemen approached them and proceeded to search their vehicle. They also obtained Mr. Nandapalas drivers license and insurance. During the search the police discovered a knife, which is used by Mr. Nandapala for his work duties, and accused the men of being robbers. Mr. Nandapala, however, stood firm and explained the purpose of carrying a knife was work related, and therefore insisted that he had done no wrong. In response, PS Sunil began to assault Mr. Nandapala before taking him to the Homagama police station.
At the station, the police arbitrarily confiscated Mr. Nandapalas drivers license and without any explanation told him that if he wished to have it returned, he should come back to the station the following day. However, when he returned to the station the following day, the police once again refused to return his license and instead told him that he should come back on June 5.
Thus, on June 5 Mr. Nandapala again attempted to obtain his license. However, on this occasion PS Sunil informed him that his drivers license had been lost and that if he wanted to obtain a new license he had to lodge a complaint at the police station. Though disgusted with the attitude of the police, Mr. Nandapala agreed. However, the policeman who recorded his complaint (PS Nimal) noted that Mr. Nandapala had lost his drivers license at Godagama. Mr. Nandapala vehemently protested saying he did not lose his license but that it was PS Sunil who had lost it. PS Nimal replied, I cant do that and insisted that he sign the document if he wanted a new license. A little while later Mr. Nandapala was afforded a copy of his statement bearing no. CIB 111 1216/06.
SUGGESTED ACTION:
Please write to the relevant authorities listed below calling for their intervention. Legal and disciplinary action must be taken against PS Sunil for assaulting Mr. Nandapala and for illegally confiscating and losing his license. Action should also be taken against PS Nimal for his part in this incident and any other police personnel concerned. Further, Mr. Nandapala must have his license returned to him without any further delay.
To support this case, please click here: SEND APPEAL LETTER
SAMPLE LETTER
Dear _______________,
SRI LANKA: Harassment by the Homagama police
Name of victim-complainant: M. Don Nandapala, 40, married with one child; Occupation: trader in household items; Address: Pallimulla, Panadura.
Name of alleged perpetrators: PS Sunil and others of the Homagama police station
Date of incident: 24 May 2006
It has come to my attention that personnel from the Homagama police have unlawfully harassed a man and forced him to sign a false statement owing to their own actions.
On 24 May 2006 Mr. Nandapala together with four of his workmates were returning from Kirindiwella when they were stopped at a police checkpoint in Homagama. Several policemen approached them and proceeded to search their vehicle. They also obtained Mr. Nandapalas drivers license and insurance. During the search the police discovered a knife, which is used by Mr. Nandapala for his work duties, and accused the men of being robbers. Mr. Nandapala, however, stood firm and explained the purpose of carrying a knife was work related, and therefore insisted that he had done no wrong. In response, Police Sergeant (PS) Sunil began to assault Mr. Nandapala before taking him to the Homagama police station.
At the station, the police arbitrarily confiscated Mr. Nandapalas drivers license and without any explanation told him that if he wished to have it returned, he should come back to the station the following day. However, when he returned to the station the following day, the police once again refused to return his license and instead told him that he should come back on June 5.
Thus, on June 5 Mr. Nandapala again attempted to obtain his license. However, on this occasion PS Sunil informed him that his drivers license had been lost and that if he wanted to obtain a new license he had to lodge a complaint at the police station. Though disgusted with the attitude of the police, Mr. Nandapala agreed. However, the policeman who recorded his complaint (PS Nimal) noted that Mr. Nandapala had lost his drivers license at Godagama. Mr. Nandapala vehemently protested saying he did not lose his license but that it was PS Sunil who had lost it. PS Nimal replied, I cant do that and insisted that he sign the document if he wanted a new license. A little while later Mr. Nandapala was afforded a copy of his statement bearing no. CIB 111 1216/06.
That the license was taken in the first instance is highly questionable. That it was then lost by the police, and yet the blame and responsibility of this was placed back on the victim is entirely unacceptable.
I trust that you will share in my concern for the victim in this case and the intolerable behaviour of the Homagama police. As such, I ask that you ensure that legal and disciplinary action be taken against PS Sunil for assaulting Mr. Nandapala and for illegally confiscating and losing his license. Action should also be taken against PS Nimal for his part in this incident and any other police personnel concerned. Further, Mr. Nandapala must have his license returned to him without any further delay.
Yours sincerely,
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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 (this is contact for Secretary to President)
Email: secretary@presidentsoffice.lk
2. Mr. K. C. Kamalasabesan
Attorney General
Attorney General's Department
Colombo 12
SRI LANKA
Fax: +94 11 2 436421
3. National 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
4. Mr. Chandra Fernando
Inspector General of Police
New Secretariat
Colombo 1
SRI LANKA
Fax: +94 11 2 440440/327877
5. 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: polcom@sltnet.lk
6. Piyasena Ranasinghe
Director General
Commission to Investigate Allegations of Bribery or Corruption
36, Malalasekera Mawatha
Colombo 07
SRI LANKA
Tel: +94 11 2 586 851
Fax: +94 11 2 595 045
Thank you.
Urgent Appeals Programme
Asian Human Rights Commission (ahrchk@ahrchk.org)
