SRI LANKA: Detained man extra-judicially killed overnight in Pitigala Police Station cell

29 September 2017

Dear friends,

The Asian Human Rights Commission (AHRC) has received information about Mr. Magoda Pathirage Hemavipul (42). He was extra-judicially killed on 19 September 2017, by Officers attached to the Pitigala Police Station. The victim was arrested on 18 September and detained in a cell overnight. He was arrested following a complaint regarding a family dispute. In the early hours of the next day his dead body was found lying in the cell. The Officer-in-Charge (OIC) of the station was immediately transferred through the intervention of the Inspector General of Police (IGP). However, no open, prompt, efficient and full investigation has been carried out into the killing of the deceased. This is a denial of justice for the victim and his family. It illustrates the total collapse of the Rule of Law in the country. State Policy of combating crime by killing suspects has allowed Police Officers to kill with impunity.

CASE NARRATIVE:

According to the information received by the Asian Human Rights Commission (AHRC), Mr. Magoda Pathirage Hemavipul (42) is a resident of Marakgoda, Mattaka, Pitigala in Galle District. He was married and a resident in the area.
On 18 September 2017, Hemavipul was arrested by Police Officers attached to the Pitigala Police Station. He was brought to the Station and detained in a cell. He was informed that he was wanted by the Police for their investigation following a complaint made by his wife of verbal and physical abuse. Reporting family disputes to the Police is common practice in the country. However, detaining Hemavipul in a cell for a family dispute complaint was arbitrary action by the Police.

In the early hours of 19 September, the dead body of Hemavipul was found inside his cell. Later it was brought and handed over to the Elpitiya Base Hospital.

Police Officers on duty throughout that night did not explain how or the reason for the death. The Inspector General of Police called for an immediate investigation into the case and the Officer-in-Charge (OIC) of the Pitigala Police Station was suspended. A media statement issued by Police Headquarters said that they are taking the position that Hemavipul committed suicide. But neither Police Headquarters nor the Pitigala Police Station explained the manner in which Hemavipul committed suicide. Both Authorities failed to produce anything that had been used by the deceased to supposedly kill himself.

Relatives of the victim believe that Hemavipul was extra-judicially killed by Police Officers of the Pitigala Police Station. Relatives believe that the victim was severely tortured which resulted in his death. THEY ARE DEMANDING THAT JUSTICE BE DONE.

Further, they accused the Police of not independently investigating the murder committed by their own Police personnel. After the deceased was arrested he was detained inside the Police Station. Only Police Officers had access to the detention cell. Throughout the night of the 18th and the early hours of the 19th September, no visitor was allowed in the cell area. The OIC, as the Commanding Officer of the Police Station, is solely and over ally responsible for the lives of the detainees. It is the responsibility of the Policemen on duty to regularly check the detainees in their cells and be on the lookout for any signs of possible suicide. Their Duty of Care is protect the lives of the detainees in their area. All detained persons are considered innocent until proven guilty by a competent Court.

Relatives demand that the extra-judicial killing of their family member should be investigated promptly, efficiently, and without delay. In this instance, the State has not shown any interest in investigating the killing and bringing the responsible Police Officers before the Courts. For many years there has been a lack of command responsibility in the Sri Lankan Police Institution. The supervisory Officers should be held primarily responsible for the killings perpetrated by Officers under their command.
ADDITIONAL COMMENTS:

The Asian Human Rights Commission has reported numerous cases of arbitrary arrest, detention, torture and extra-judicial killings of citizens at the hands of the Police. Under International and Local Law, these are illegal actions that have been taking place at various Police Stations in the country over the past thirty years. The Asian Human Rights Commission has observed that the Sri Lankan Police have used torture as an instrument to terrorize innocent persons, harass the public in general and instill fear. It has become evident that the country's Police are implementing a Policy of eliminating suspected criminals by killing them after arresting them so that they cannot be produced in a Court of Law.

SUGGESTED ACTION:

Please write to the Authorities listed below expressing your concern about this case. Request an immediate investigation into the allegations of extra-judicial killings by Police personnel. Prosecute those proven to be responsible under our Criminal Law. Officers involved must face internal investigations for breach of Police Departmental orders. The AHRC will write a separate letter to the Special Rapporteur on Extra-judicial, Summary or Arbitrary Executions in this regard.
To support this case, please click here: 

SAMPLE LETTER:

Dear ________,

SRI LANKA: Detained man extra-judicially killed overnight in Pitigala Police Station cell

Name of Victim: Mr. Magoda Pathirage Hemavipul (42) is a resident of Marakgoda, Mattaka, Pitigala in Galle District

Alleged perpetrators: Officers on duty 18-19 attached to the Pitigala Police Station

Date of incident: 19 September 2017

Place of incident: Pitigala Police Division
According to information I have received, Mr. Magoda Pathirage Hemavipul (42) is a resident of Marakgoda, Mattaka, Pitigala in Galle District. He was married and a resident in the area.
On 18 September 2017, Hemavipul was arrested by Police Officers attached to the Pitigala Police Station. He was brought to the Station and detained in a cell. He was informed that he was wanted by the Police for their investigation following a complaint made by his wife of verbal and physical abuse. Reporting family disputes to the Police is common practice in the country. However, detaining Hemavipul in a cell for a family dispute complaint was arbitrary action by the Police.

In the early hours of 19 September, the dead body of Hemavipul was found inside his cell. Later it was brought and handed over to the Elpitiya Base Hospital.

Police Officers on duty throughout that night did not explain how or the reason for the death. The Inspector General of Police called for an immediate investigation into the case and the Officer-in-Charge (OIC) of the Pitigala Police Station was suspended. A media statement issued by Police Headquarters said that they are taking the position that Hemavipul committed suicide. But neither Police Headquarters nor the Pitigala Police Station explained the manner in which Hemavipul committed suicide. Both Authorities failed to produce anything that had been used by the deceased to supposedly kill himself.

Relatives of the victim believe that Hemavipul was extra-judicially killed by Police Officers of the Pitigala Police Station. Relatives believe that the victim was severely tortured which resulted in his death. THEY ARE DEMANDING THAT JUSTICE BE DONE.

Further, they accused the Police of not independently investigating the murder committed by their own Police personnel. After the deceased was arrested he was detained inside the Police Station. Only Police Officers had access to the detention cell. Throughout the night of the 18th and the early hours of the 19th September, no visitor was allowed in the cell area. The OIC, as the Commanding Officer of the Police Station, is solely and over ally responsible for the lives of the detainees. It is the responsibility of the Policemen on duty to regularly check the detainees in their cells and be on the lookout for any signs of possible suicide. Their Duty of Care is protect the lives of the detainees in their area. All detained persons are considered innocent until proven guilty by a competent Court.

Relatives demand that the extra-judicial killing of their family member should be investigated promptly, efficiently, and without delay. In this instance, the State has not shown any interest in investigating the killing and bringing the responsible Police Officers before the Courts. For many years there has been a lack of command responsibility in the Sri Lankan Police Institution. The supervisory Officers should be held primarily responsible for the killings perpetrated by Officers under their command.

I request the intervention of your good offices to ensure that the Authorities listed below open an immediate investigation into the allegations of an extra-judicial killing of a detained man. The Officers involved must be subjected to an internal investigation for breach of Police Departmental Orders.

Yours Sincerely,
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PLEASE SEND YOUR LETTERS TO:
1. Mr. Pujith Jayasundara
Inspector General of Police
New Secretariat
Colombo 1
SRI LANKA
Fax: +94 11 2 440440 / 327877
E-mail: igp@police.lk

2. Mr. Jayantha Jayasooriya PC
Attorney General
Attorney General's Department
Colombo 12
SRI LANKA
Fax: +94 11 2 436421
E-mail: ag@attorneygeneral.gov.lk

3. 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 or polcom@sltnet.lk

4. 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.