ASIAN HUMAN RIGHTS COMMISSION – URGENT APPEALS PROGRAMME

Dear friends,

The Asian Human Rights Commission (AHRC) has received information about the extra-judicial killing of Mr. D P Premasiri (65) of Stace Road, Grandpass, Colombo 14 in the Colombo District. On 9 August 2017, Premasiri was illegally arrested, severely tortured at his house in front of his relatives and neighbors. Later, he was handcuffed and pushed against a parapet wall causing him to fall over on the ground and was fatally injured. He was brought to the National Hospital of Sri Lanka by relatives and pronounced dead on admission. Police promised to investigate but no investigation has yet been carried out into the death of Premasiri.

CASE NARRATIVE:

The Asian Human Rights Commission has received information about the case of Mr. D P Premasiri (45) of Stace Road, Grandpass, Colombo 14 in the Colombo District. Premasiri was married, chronically ill and suffering with heart ailments. He was treated for several years at the National Hospital of Sri Lanka (NHSL) in Colombo.

On 9 August 2017, at 11:30 a.m. five Police Officers attached to the Police Raid Unit of the Colombo North Police Division arrived at Premasiri’s residence. There was a woman in the Officers’ custody when they arrived.

Immediately after entering the house, Police questioned the residents of the house, saying they were looking for one named Premasiri. He came forward. The Officers started to assault him with fists and kicks. The wife pleaded with the Officers not to hurt him as he is a heart patient, innocent and just returned home after several days of in-patient treatment at the NHSL. She very clearly was brave and told them that if any dangerous thing happened to her husband, the Officers would be responsible for his life.

Then, the Police cuffed his hands together, continuing the assault irrespective of the wife’s pleadings, until the victim lost control. They took him out of the house pushing him up against a parapet wall where he fell and was fatally injured. The Officers did not intend to provide any assistance to the fallen victim nor did they take any steps to secure his life. They ordered family members and neighbors to attend to the victim and bring him to the NHSL for treatment. Although the relatives brought the victim to the Emergency Treatment Unit of the NHSL, he was pronounced dead on arrival.

A Police Media spokesman’s office issued a communique stating that the Police have launched a special investigation. It is under the supervision of the Senior Superintendent of Police (SSP) of the Colombo North Police which consisted of three other Assistant Superintendents of Police (ASP). Police further promised that they will take necessary legal action against the identified perpetrators.

Violation of Rights of the Victims

The relatives state that, their relative was severely tortured, illegally arrested and detained by the Police even after he was fatally injured. After being handcuffed, the Police never attended to him or provided the necessary assistance to protect his life while he was in their custody.

It is the opinion of the relatives that, Police have not yet investigated the crime or arrested the responsible Police Officers for torturing and murdering their relative. They call upon their right to JUSTICE. They vehemently reiterate their right to a proper investigation. It is necessary that justice is seen to be done.

The Asian Human Rights Commission requests the Law Enforcement Authorities, especially the Inspector General of Police (IGP) and the Attorney General of the country to investigate, and prosecute the accountable Police perpetrators in this case. The AHRC stands for an efficient democratic system of reasonably functioning Law Enforcement Agencies in Sri Lanka.

SUGGESTED ACTION:

Please write to the Authorities listed below expressing your concern about this case. Kindly request an immediate investigation into allegations of an extra-judicial killing by the Police. Prosecution of those proven to be responsible under Criminal Law is imperative. The Officers involved should also be subject to an internal investigation 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.
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SAMPLE LETTER:

Dear ________,

SRI LANKA: Innocent man tortured to death by Colombo North Division Police

Name of Victim: Mr. D P Premasiri (65) of Stace Road, Grandpass, Colombo 14 in the Colombo District

Alleged perpetrators: Officers attached to the Police Raid Unit of the Colombo North Police Division
Date of incident: 9 August 2017
Place of incident: Colombo North Police Division

According to information I have received, Mr. D P Premasiri (45) of Stace Road, Grandpass, Colombo 14 is a resident in the Colombo District. Premasiri was married, chronically ill and suffering with heart ailments. He was treated for several years at the National Hospital of Sri Lanka (NHSL) in Colombo.

On 9 August 2017, at 11:30 a.m. five Police Officers attached to the Police Raid Unit of the Colombo North Police Division arrived at Premasiri’s residence. There was a woman in the Officers’ custody when they arrived.

Immediately after entering the house, Police questioned the residents of the house, saying they were looking for one named Premasiri. He came forward. The Officers started to assault him with fists and kicks. The wife pleaded with the Officers not to hurt him as he is a heart patient, innocent and just returned home after several days of in-patient treatment at the NHSL. She very clearly was brave and told them that if any dangerous thing happened to her husband, the Officers would be responsible for his life.

Then, the Police cuffed his hands together, continuing the assault irrespective of the wife’s pleadings, until the victim lost control. They took him out of the house pushing him up against a parapet wall where he fell and was fatally injured. The Officers did not intend to provide any assistance to the fallen victim nor did they take any steps to secure his life. They ordered family members and neighbors to attend to the victim and bring him to the NHSL for treatment. Although the relatives brought the victim to the Emergency Treatment Unit of the NHSL, he was pronounced dead on arrival.

A Police Media spokesman’s office issued a communique stating that the Police have launched a special investigation. It is under the supervision of the Senior Superintendent of Police (SSP) of the Colombo North Police which consisted of three other Assistant Superintendents of Police (ASP). Police further promised that they will take necessary legal action against the identified perpetrators.

Violation of Rights of the Victims

The relatives state that, their relative was severely tortured, illegally arrested and detained by the Police even after he was fatally injured. After being handcuffed, the Police never attended to him or provided the necessary assistance to protect his life while he was in their custody.

It is the opinion of the relatives that, Police have not yet investigated the crime or arrested the responsible Police Officers for torturing and murdering their relative. They call upon their right to JUSTICE. They vehemently reiterate their right to a proper investigation.

It is necessary that justice is seen to be done.

The Asian Human Rights Commission requests the Law Enforcement Authorities, especially the Inspector General of Police (IGP) and the Attorney General of the country to investigate, and prosecute the accountable Police perpetrators in this case. The AHRC stands for an efficient democratic system of reasonably functioning Law Enforcement Agencies in Sri Lanka.

I therefore request your intervention to ensure that an immediate investigation is undertaken into the death of Premasiri. The Officers involved must also be subject to an internal investigation for breach of 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. Mr. N. Ariyadasa Cooray
   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.

Urgent Appeals Programme
Asian Human Rights Commission (ua@ahrc.asia)

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