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SRI LANKA: Theft during custody as a result of negligence by Mt Lavinia police

November 17, 2005

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ASIAN HUMAN RIGHTS COMMISSION – URGENT APPEALS PROGRAM

Urgent Appeal

17 November 2005
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UA-212-2005:  SRI LANKA: Theft during custody as a result of negligence by Mt Lavinia police

SRI LANKA: Negligence, theft, impunity
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Dear friends,

The Asian Human Rights Commission (AHRC) has received information on a case of police malpractice and negligence that has led to the theft of a man's motorcycle parts.  Mr. Fernando was stopped by police officers from the Mt. Lavinia police near the Maliban Biscuit Factory at Ratmalana.  The police officers demanded driving documents from Mr. Fernando, but he did not have them with him so the police took his motorcycle into custody.  When Mr. Fernando went to collect his motorcycle the next day, the police denied him access saying that his documentation was incomplete.  It was only after two weeks that the motorcycle was returned to Mr Fernando, but he was horrified to find that many of his bike's parts were missing.  The motorcycle was in the custody of the police and they had responsibility for its safe-keeping.  Due to their negligence someone has had the opportunity to steal the victim's motorcycle parts.  It has been 9 months since the incident occurred and the police still have not taken any steps to investigate the misconduct or to compensate the victim.  Since the victim's motorcycle cannot be used now, his livelihood has been significantly impacted and he is very distressed that there is no access to justice.

The victim claims that despite him possessing the necessary documentation, the police had purposefully retained his motorcycle in order to steal the parts for themselves.  The AHRC has received a number of complaints that sometimes police and governmental authorities even bribe the victims for money in return for their vehicle.  (Please look at UA-160-2005, and UA-06-2005). We are aware that this is an every day occurrence for the people of Sri Lanka, the police have unregulated powers to confiscate and take into custody vehicles belonging to civilians.  Many of the people that are subjected to this abuse by the police are from the poor sections of society and to take away their means of transportation results in taking their means of earning a living away.  

Therefore, we call upon you to write to the relevant authorities requesting their intervention in introducing legislation that can cease such malpractice by the police authorities.   In terms of this case, we ask you to urge the Inspector General of Police to order a full and transparent investigation into the misconduct of the police officers and to replace the parts of his motorcycle that have been stolen and repair his motorcycle, or alternatively, the victim must be compensated for his loss, which is estimated to be around Rs. 90,000. 

Urgent Appeals Desk
Asian Human Rights Commission (AHRC)
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DETAILED INFORMATION:

Victim: Shanaka Fernando, 30 years old, unmarried, an electrical technician, Alubovila, Panadura
Perpetrators: Headquarter Inspector (of police) and others of the Mt. Lavinia Police station
Date of Incident: 27 February 2005

Case details:

On 27 February 2005 around 7.30 p.m. Mr. Fernando had been travelling from Panadura towards Colombo on his CM125 Honda motorcycle bearing no. 132- 1845 when he was stopped near the Maliban Biscuit Factory at Ratmalana by police officers of the Mt. Lavinia police.  At the time his fiancée was with him.  Unfortunately Mr. Fernando did not have his driving licence or insurance documents with him.  Therefore, the police informed him that they needed to take his motorcycle into their custody but he could return the next day with the necessary documents and collect his motorcycle from the Mt. Lavinia Police station. 

The next day, Mr. Fernando went to the Mt. Lavinia Police station with the required documents and met with PC Upali of the traffic division.  However, after inspecting his documents, PC Upali requested the victim to meet with the police station Head Quarter Inspector (HQI).  HQI GM Senanayake refused to return the victim's motorcycle saying that his documentation was incomplete.  He told the victim to rectify the documentation and return to claim his motorcycle.  He was given two weeks to do this.

With the documentation rectified, the victim returned to the police station and the HQI directed another policeman to give the victim back his motorcycle.  So the victim went to the yard adjoining the police station to locate his motorbike.  But when he found the bike, he was horrified to notice that many of his bike's parts were stolen.  He had rushed inside the station and complained to the station HQI who simply told him to go to the crimes division of the station and lodge a complaint.  The victim lodged the complaint, (bearing no. G.CI.BI. 195/253 dated 27 June 2005) and also gave a detailed description of the various parts that were missing from his motorcycle. 

Later, the victim complained to the Senior Superintendent of Police in Mt. Lavinia Police station about the theft.  On several occasions he also visited the HQI and requested that the police replace the stolen parts and repair the damaged motorcycle, since it was their negligence that led to the theft of the parts.   Though the HQI promised to do so, to date, this has not been done.  The victim has also not received any response from the police regarding his complaint. 

It is now 9 months since his motorcycle was vandalized whilst in police custody and due to this, his motorcycle is now totally unusable.  The police too have admitted to the incident of theft.  However, their refusal to take the necessary action to restore the damage is causing the victim immense inconvenience and pain of mind.  Without his motorcycle as a mode of transport for him, his livelihood has been severely impacted.  He further claims that despite him possessing the necessary documentation, the police had purposefully retained his motorcycle in order to steal the parts for themselves. 

This case although distressing to hear typifies what happens everyday for the people living in Sri Lanka.  The police authorities have immense powers to stop, search and confiscate people's possessions without any reason for doing so.  There have been numerous complaints against the police who have taken possessions into their custody without returning them.  But the police seem to enjoy impunity against complaints and investigations are rarely conducted into such misconduct.  The people of Sri Lanka have no access to justice.  

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SUGGESTED ACTION:

Please send a letter to the Inspector General of the Police (IGP) and all the relevant authorities below, asking them to ensure that the case is properly investigated.  Such misconduct and corruption by the police must be stopped.

Suggested letter:

Dear __________,

SRI LANKA: Theft during custody as a result of negligence by Mt. Lavinia police

Victim: Shanaka Fernando, 30 years old, unmarried, an electrical technician, Alubovila, Panadura
Perpetrators: Headquarter Inspector (of police) and others of the Mt. Lavinia Police station
Date of Incident: 27 February 2005

I am writing to voice my deep concern regarding the police malpractice and negligence that has resulted in the theft of a man's motorcycle parts.   On 27 February 2005, Mr. Fernando and his fiancée were travelling on a motorcycle when they were stopped by police officers from Mt. Lavinia Police station.  They demanded the production of documentation, which Mr. Fernando did not have with him.  So the policemen told him that they needed to take his vehicle into their custody but that it would be returned once the required documentation was produced.   The next day when Mr. Fernando went to collect his bike, the police Head Quarter Inspector (HQI) refused to return it stating the Mr. Fernando's documentation was incomplete.  The HQI gave him two weeks to rectify it.

Two weeks later, when the victim could finally have his bike returned, he was horrified to find that many of his motorcycle's parts were missing.  He complained about this to the HQI, who simply told him to go to the crimes division and lodge a complaint.  The victim lodged a complaint, bearing no. G.CI. BI 195/253 dated 27.06.2005, and also gave a detailed description of the various parts that were missing from his motorcycle.  The victim also informed the Senior Superintendent of Police about this incident.  He has also visited the HQI and requested that the police replace the stolen parts and repair his motorcycle to the state it was in before it was taken into custody.  Although the HQI has promised to do so, to date, this has not been done.  The motorcycle was in police custody when the theft occurred and the police have been negligent in their obligation to keep it safe whilst in their possession.

It is now 9 months since his motorcycle was vandalized whilst in police custody and due to this, his motorcycle is now totally unusable.  The police too have admitted to the incident of theft. However, their refusal to take the necessary action to restore the damage is causing the victim immense inconvenience and pain of mind.  Without his motorcycle as a mode of transport for him, his livelihood has been severely impacted.  He further claims that despite him possessing the necessary documentation, the police had purposefully retained his motorcycle in order to steal the parts for themselves. 

I am aware that this case typifies what happens everyday for the people living in Sri Lanka.  The police authorities have immense powers to stop, search and confiscate people's possessions without any reason for doing so.  There have been numerous complaints against the police who have taken possessions into their custody without returning them.  But the police seem to enjoy impunity against complaints and investigations are rarely conducted into such misconduct.  The people of Sri Lanka have no access to justice.  Therefore, I urge you and all the relevant governmental authorities to introduce legislation to create a body that can independently monitor the actions of the police and address any misconduct that arises.    

I also request that you take immediate action in this case.  I urge you to ensure that a full and transparent investigation into the misconduct and negligence of the police officers is conducted.  The stolen parts of the motorcycle must be replaced and repairs must be done to his motorcycle, the alternative would be to compensate the victim for his loss, which is estimated to be around Rs. 90,000. 

I trust that you will take action in these cases,

Yours sincerely,

______________

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SEND A LETTER TO:

1. Mr. Chandra Fernando
Inspector General of Police (IGP)
New Secretariat
Colombo 1
SRI LANKA
Fax: +94 11 2 440440/327877

2. Mr. K. C. Kamalasabesan
Attorney General
Attorney General's Department
Colombo 12
SRI LANKA
Fax: +94 11 2 436 421

3. Mr. Ranjith Abeysuriya
Chairperson
National Police Commission
3rd Floor, Rotunda Towers,
109 Galle Road
Colombo 03
SRI LANKA
Tel: +94 11 2 395310
Fax: +94 11 2 395867
Fax Home: +94 11 2 674148
E-mail: polcom@sltnet.lk

4. Dr. Radhika Coomaraswamy
Chairperson Human Rights Commission of Sri Lanka
No. 36, Kynsey Road
Colombo 8
SRI LANKA
Tel: +94 11 2 694925 / 673806
Fax: +94 11 2 694924 / 696470
E-mail: sechrc@sltnet.lk

Thank you.

Urgent Appeals Programme
Asian Human Rights Commission (AHRC)

Document Type :
Urgent Appeal Case
Document ID :
UA-212-2005
Countries :
Issues :
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Extended Introduction: Urgent Appeals, theory and practice

A need for dialogue

Many people across Asia are frustrated by the widespread lack of respect for human rights in their countries.  Some may be unhappy about the limitations on the freedom of expression or restrictions on privacy, while some are affected by police brutality and military killings.  Many others are frustrated with the absence of rights on labour issues, the environment, gender and the like. 

Yet the expression of this frustration tends to stay firmly in the private sphere.  People complain among friends and family and within their social circles, but often on a low profile basis. This kind of public discourse is not usually an effective measure of the situation in a country because it is so hard to monitor. 

Though the media may cover the issues in a broad manner they rarely broadcast the private fears and anxieties of the average person.  And along with censorship – a common blight in Asia – there is also often a conscious attempt in the media to reflect a positive or at least sober mood at home, where expressions of domestic malcontent are discouraged as unfashionably unpatriotic. Talking about issues like torture is rarely encouraged in the public realm.

There may also be unwritten, possibly unconscious social taboos that stop the public reflection of private grievances.  Where authoritarian control is tight, sophisticated strategies are put into play by equally sophisticated media practices to keep complaints out of the public space, sometimes very subtly.  In other places an inner consensus is influenced by the privileged section of a society, which can control social expression of those less fortunate.  Moral and ethical qualms can also be an obstacle.

In this way, causes for complaint go unaddressed, un-discussed and unresolved and oppression in its many forms, self perpetuates.  For any action to arise out of private frustration, people need ways to get these issues into the public sphere.

Changing society

In the past bridging this gap was a formidable task; it relied on channels of public expression that required money and were therefore controlled by investors.  Printing presses were expensive, which blocked the gate to expression to anyone without money.  Except in times of revolution the media in Asia has tended to serve the well-off and sideline or misrepresent the poor.

Still, thanks to the IT revolution it is now possible to communicate with large audiences at little cost.  In this situation there is a real avenue for taking issues from private to public, regardless of the class or caste of the individual.

Practical action

The AHRC Urgent Appeals system was created to give a voice to those affected by human rights violations, and by doing so, to create a network of support and open avenues for action.  If X’s freedom of expression is denied, if Y is tortured by someone in power or if Z finds his or her labour rights abused, the incident can be swiftly and effectively broadcast and dealt with. The resulting solidarity can lead to action, resolution and change. And as more people understand their rights and follow suit, as the human rights consciousness grows, change happens faster. The Internet has become one of the human rights community’s most powerful tools.   

At the core of the Urgent Appeals Program is the recording of human rights violations at a grass roots level with objectivity, sympathy and competence. Our information is firstly gathered on the ground, close to the victim of the violation, and is then broadcast by a team of advocates, who can apply decades of experience in the field and a working knowledge of the international human rights arena. The flow of information – due to domestic restrictions – often goes from the source and out to the international community via our program, which then builds a pressure for action that steadily makes its way back to the source through his or her own government.   However these cases in bulk create a narrative – and this is most important aspect of our program. As noted by Sri Lankan human rights lawyer and director of the Asian Human Rights Commission, Basil Fernando:

"The urgent appeal introduces narrative as the driving force for social change. This idea was well expressed in the film Amistad, regarding the issue of slavery. The old man in the film, former president and lawyer, states that to resolve this historical problem it is very essential to know the narrative of the people. It was on this basis that a court case is conducted later. The AHRC establishes the narrative of human rights violations through the urgent appeals. If the narrative is right, the organisation will be doing all right."

Patterns start to emerge as violations are documented across the continent, allowing us to take a more authoritative, systemic response, and to pinpoint the systems within each country that are breaking down. This way we are able to discover and explain why and how violations take place, and how they can most effectively be addressed. On this path, larger audiences have opened up to us and become involved: international NGOs and think tanks, national human rights commissions and United Nations bodies.  The program and its coordinators have become a well-used tool for the international media and for human rights education programs. All this helps pave the way for radical reforms to improve, protect and to promote human rights in the region.