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SRI LANKA: No proper investigation launched for the killing of a man and injury to his son by Negombo police

November 13, 2007

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ASIAN HUMAN RIGHTS COMMISSION – URGENT APPEALS PROGRAMME

Urgent Appeal

13 November 2007
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UA-322-2007: SRI LANKA: No proper investigation launched for the killing of a man and injury to his son by Negombo police

SRI LANKA: Lack of investigation; health care
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Dear friends,

The Asian Human Rights Commission (AHRC) has received information regarding the death of a man and the injury of his son due to an accident that occurred on 7 September 2007 in Sri Lanka. It is reported that the police officer collided with the victim's motorbike, whilst the officer was driving under the influence of alcohol. However, to date no proper investigation has been conducted.

CASE DETAILS:

According to the information received, on 7 September 2007, Kamal Wanasinghe was traveling on his motorcycle with his son from Dunagaha to Delwagura. At around 6:30pm, a police jeep (No. WP HD 5320) came from the opposite side of the road and hit the motorcycle. As a result of this accident, Kamal fell onto the road and his son was thrown from the motorcycle. Then, a police officer, H.S. Gamini Nishantha Wickramasuriya, from Negombo police station came and picked up Kamal into the jeep and drove toward Negombo hospital. However, on the way to the hospital the jeep stopped due to engine failure. When the jeep stopped, Deepthi Nandaraj Costa (chairman of the Divulapitiya Provincial Council – 'Pradeshiya Sabha') helped to bring Kamal to the hospital in his cab but on the way to the hospital, Kamal soon succumbed to his injuries.

The chairman called the police officer to go to the hospital together but the officer refused. In the meantime, the police officer stopped a three-wheeler to get a tool and started damaging the tyre of his jeep. It is alleged that he damaged the tyre of his jeep in order to claim that the accident had occurred due to a damaged tyre and not as a result of the influence of alcohol.

At the place of the accident, a passing Buddhist Monk noticed the son and Kamal’s driver’s license on the road and took him to his house with the help of another man. The boy was badly injured and his right leg was fractured in two places. He was admitted to Lady Ridgeway Hospital, where he remained for about a month for treatment.

It was well known that before the accident occurred, the police officer was supposed to take the jeep to a service center to be cleaned. But instead, he drove it to his house and on the way, stopped at several places to consume arrack. After he took the jeep to his house, he drove it to Induragara, Godigamuwa, Marandagahamula and Divulapitiya. Once again, he continued to consume arrack at every stop.

The police officer was in remand for three days and was then released on bail. The case (No. B/ 3091 / 2007) was filed under the Negombo Magistrates Court on 8 September 2007 by the Divulapitiya Police. However, to date, no proper investigation has been launched. The son can now walk a little but has to undergo one more operation.

SUGGESTED ACTION:
Please write to the relevant authorities below to urge them to conduct an impartial and prompt investigation into the incident and demand that adequate support and compensation to the victim's family must be provided.

To support this appeal, please click here:

Suggested letter:

Dear __________,

SRI LANKA: No proper investigation launched for the killing of a man and injury to his son by Negombo police

Name of victims:
1. Wanasinghe Arachchige Gytus Kamal Wanasinghe, 36 years old, married with two children, businessman, resident of Delwagura, Mihirigama: died
2. A son of the victim 1: injured
Name of alleged perpetrator: H.S.Gamini Nishantha Wickramasuriya of Negombo Police Station, Negombo Dist. II, Negombo Division, Western Province (North) Range
Date of incident: 7 September 2007
Place of incident: Between Dunagaha and Delwagura, Sri Lanka

I am deeply concerned to learn about the tragic death of a man who was killed in a road accident when a police officer driving under the influence of alcohol, collided with his motorcycle which also carried the victim's son.

According to information I have received, on 7 September 2007, a jeep (Vehicle No. WP HD 5320) belonging to Negombo Police Station was taken to Disagewatte St. Anthony's Service Center by an officer H.S.Gamini Nishantha Wickramasuriya. The vehicle should have been returned to Negombo police station after it had been washed, but instead the officer took the vehicle to Dunagaha, where he lived. On the way he stopped at several places and consumed some arrack. After that, he took the jeep to his place of residence. A while later, he drove to Induragara, Godigamuwa, Marandagahamula and Divulapitiya. He then consumed arrack at all the above-mentioned places, spending the whole afternoon drinking.

Later that day, Kamal Wanasinghe was travelling on his motorcycle with his son from Dunagaha to Delwagura. Between 6:30 and 7:00pm in the evening, in front of the Dunagaha weekly fare, the aforementioned jeep came from the opposite side of the road and collided with the motorcycle, which was on the right side of the road. Kamal Wanasinghe and his son were severely injured. Kamal fell onto the road and his son was thrown from the motorbike. The officer then picked up Kamal in the jeep and drove towards Negombo Hospital, however on the way, the vehicle stopped due to engine failure. At that moment, a chairman named Deepthi Nandaraj Costa (Divulapitiya provincial council -- Pradeshiya Sabha), came to the rescue and took Kamal to Negombo Hospital in his cab. Unfortunately, Kamal succumbed to his injuries on the way and passed away.

The Chairman had called the Police Officer to join him to go to the Hospital but he refused. In the meantime, the Officer stopped a three-wheeler and used a tool to damage the tyres, in order to claim that the accident had been due to tyre failure. 

The victim's son was badly injured and his right leg was fractured at the thigh and fractured in two places in the knee. He was treated at Lady Ridgeway Hospital for one month. Currently, he can walk slightly and has to undergo one more operation. So far, there has been no support from the government regarding his treatments.

The police officer was in remand for three days and released on bail. The case (No. B/ 3091 / 2007) was filed under the Negombo Magistrates Court on 8 September 2007 by the Divulapitiya Police. However, no proper investigation on this incident has been initiated so far.

It is appalling that such irresponsible and dangerous behaviour was displayed by a police officer. We are shocked at the lack of judgment and discipline shown, which resulted in the grievous consequences of the incident, especially amidst the duties that a police officer should have upheld towards members of the public. We hope that the Government of Sri Lanka, the National Police Commissions, and the suspect's senior officers share in our dismay. There is no restitution for the detriment and grief suffered by the family for their loss.

In light of the above, I urge you to ensure that a prompt and thorough investigation is conducted into the incident without delay for the purpose of a fair trial in court. Also, I ask that the investigation be independent and is protected from any possible bias or obstruction from the suspect or other members of the police force. I strongly urge for due legal prosecution of the suspect and stern disciplinary action to be taken if the allegations are proven to be true. I also stress the need for appropriate compensation to the victim's family for their future wellbeing, as a result of losing the family's breadwinner, and also, importantly, to provide compensation for the medical expenses incurred and that which continues to be incurred for the victim and the son's injuries.

I look forward to your prompt intervention into the matter.

Yours sincerely,


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PLEASE SEND YOUR LETTERS TO:

1. Mr. Ananda Franando
Assistant Superintendent of Police
SSP Office, Thelwatta Juntion
Negombo
SRI LANKA
Tel: (+94) 31 222 4394
Fax: (+94) 31 222 4342
 
2. Mr. Premasiri Withanage
Senior Superintendent of Police
SSP Office, Thelwatta Juntion
Negombo
SRI LANKA
Tel: (+94) 31 222 4394
Fax: (+94) 31 222 4342
 
3. Mr Sarath Jayasundarea
Deputy Inspector of General
No 59/1/1, Nawalooka Building
Negombo Road
Paliyagoda
SRI LANKA
Tel: (+94) 11 294 7777
Fax: (+94) 11 291 1197        

4. Mr. Victor Perera
Inspector General of Police
New Secretariat
Colombo 1
SRI LANKA
Fax: +94 11 2 440440/327877
E-mail: igp@police.lk

5.  Mr. C.R. De Silva
Attorney General
Attorney General's Department
Colombo 12
SRI LANKA
Fax: +94 11 2 436421
Email: attorney@sri.lanka.net

6. 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

7. 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 :
UA-322-2007
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.