ASIAN HUMAN RIGHTS COMMISSION - URGENT APPEALS PROGRAM
Urgent Appeal Case: AHRC-UAC-142-2017
29 September 2017
ISSUES: Extra-judicial killing; impunity; Rule of Law; justice
------------------------------
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:
<http://www.urgentappeals.net/
------------------------------
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:
<http://www.urgentappeals.net/
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