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HRC asks IGP to explain how he intended to stop deaths of suspects in police custody

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Report called by June 13

By Shamindra Ferdinando

The Human Rights Commission has sought an explanation from IGP C.D. Wickremaratne as regards continuing deaths in police custody.

In a letter dated June 8, 2021, HRC Chairman Dr. Jagath Balasuriya has raised the recent deaths in police custody with the focus on two incidents involving Panadura and Batticaloa police.

HRC Acting Director Research and Monitoring Nihal Chandrasiri told The Island that the June 8 dated letter was the latest missive addressed to the IGP regarding this particular issue since the formation of the new HRC following the last general election in August 2020.

Chandrasiri made available to The Island, a copy of Dr. Balasuriya’s letter addressed to IGP Wickremaratne.

President Gotabaya Rajapaksa in late Dec 2020 named former lawmaker Balasuriya as the Chairman of the HRC comprising· Dr. M.H. Nimal Karunasiri, Dr. Vijitha Nanayakkara, Ms. Anusuya Shanmuganathan and H.K. Navaratne Weraduwa.

Chandrasiri said that the HRC first took up deaths in police custody in the wake of the killing of Dinithi Melan alias Uru Juwa, who had been arrested by the Nawagamuwa police, and Dharmakeerthi Tharaka Perera Wijesekara alias Kosgoda Tharaka in the second week of May 2021.

Civil society activist attorney-at-law Senaka Perera told The Island that continuing deaths in police custody should be examined against the backdrop of a landmark judgment, the Supreme Court of Sri Lanka delivered that the extra-judicial killing of a suspect in police custody violated the right to life, in spite of the absence of an explicit right to life clause  in the Constitution of Sri Lanka.

According to Dr. Balasuriya’s letter, reportage of the deaths of Chandana Vidushan and Ali Khan in the custody of the Batticaloa police and Panadura (North) police, respectively, prompted the HRC to take up the matter with the IGP. Declaring that the HRC has initiated an inquiry in terms of Section 14 of the Human Rights Commission of Sri Lanka Act, No.21 of 1996, Dr. Balasuriya said that inquiries revealed both victims suffered cruel and inhuman treatment in the hands of the police, leading to their deaths?.

Expressing serious concern over what he called the absence of safety and security of those in police custody, Dr. Balasuriya has pointed out to the IGP relevant sections of the Constitution, in addition to Supreme Court rulings in respect of such matters and two letters dated Oct 21, 2020 and  March 17, 2021 that dealt with the issue at hand.

Asserting that continuing deaths in police custody resulted in deterioration of public confidence in law and order, such incidents underscored the threat to what he called public freedom. Having reminded the IGP that the HRC intervened in terms of the Human Rights Commission of Sri Lanka Act, No.21 of 1996, Dr. Balasuriya has requested the IGP to submit a report to him of measures he intended to introduce to prevent deaths in police custody by or before June 13.

In the wake of several killings in police custody, Romesh de Silva, PC, recently moved the Court of Appeal on behalf of convicted heroin dealer Gampola Vidanalage Samantha Kumara alias Wele Suda held at maximum security Boossa prison. President’s Counsel successfully argued against the police taking Wele Suda into their custody.  

President of the Bar Association of Sri Lanka (BASL) President’s Counsel Saliya Pieris has appeared in the Court of Appeal on behalf of Janith Madushankar alias Podi Lassi. Having brought to the notice of justices, Sobitha Rajakaruna and Dhammika Ranepola, the most recent killings in police custody of ‘Uru Juwa’ and ‘Kosgoda Tharaka,’ Peiris sought the court’s intervention to ensure his client’s safety and security.

The lawyer has requested that the court direct the IGP to transfer his client from the custody of the CID to another unit.

 

 



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MP’s wife, father-in-law among three detained

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Rishad held under PTA to be questioned

16-year-old girl’s death:

By Shamindra Ferdinando

Police investigating the death of 16-year-old Ishalini, the domestic servant at All Ceylon Makkal Congress (ACMC) leader Rishad Bathiudeen’s Baudhaloka Mawatha residence have arrested Ayesha Shiabdeen, 46, the wife of the former minister.

Police also took into custody Rishad’s father-in-law Mohammed Shiabdeen, 70, and Ponnaiah Pandaram alias Shankar, 64, a resident of Dayagama.

Police Spokesman Senior DIG Ajith Rohana said that Shankar had brought Ilashini from Dayagama to the Baudhaloka Mawatha residence of Samagi Jana Balavegaya (SJB) Vanni District lawmaker late last year.

Having studied the post postmortem report, they were taken into custody in terms of Section 360 C and Section 308 B of the Penal Code that dealt with human trafficking and cruelty to children, the top police officer said. According to him, so far 20 statements had been recorded.

Asked whether MP Bathiudeen, too, had been among the questioned, Senior DIG Rohana said the parliamentarian detained under the Prevention of Terrorism Act (PTA) over 2019 Easter Sunday carnage, too, would be interrogated in that regard.

The ACMC contested the last general election on the SJB ticket. It switched its allegiance to the SJB ahead of 2020 general election after having represented the cabinet in UNP led yahapalana administration. Rishad has also served President Mahinda Rajapaksa’s cabinet during his second term.

Having suffered serious burn injuries on July 3 at the MP’s residence and admitted to the National Hospital, Illashini succumbed to her injuries on July 15th. Medical examination revealed that she had been raped over a period of time.

The police spokesman said that they intended to secure court approval to detain the suspects for 72 hours. A Superintendent of Police could obtain such approval on the strength of a B report submitted to the court in respect of offenses on children.

Although, the police indicated earlier in the day they would be produced in Colombo Magistrate court they weren’t brought in.

Meanwhile, the SJB said that interested parties were making a despicable attempt to politicize the incident. The police should be allowed to conduct the investigation without interference, a spokesman for the main Opposition party said.

 

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Women’s organisations in North conduct protests demanding justice for Ilashini

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A section of those engaged in Jaffna protests

 

By Dinasena Ratugamage

Women’s organisations in the North yesterday held a number of demonstrations in Vavuniya, Mannar, Kilinochchi and Jaffna against the death of J. Ilashini, the 16 -year-old girl who died while working at SJB MP Rishad Bathiudeen’s residence.

The protesters urged authorities to ensure that investigations into the death are conducted in a transparent manner. The family of the victim should be compensated and those guilty punished, they said.

Representatives of the organisations said that if justice was not done, they would hold a massive demonstration in Tarapuram, Mannar, which Bathiudeen represents in Parliament.

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Dancer lodges complaint with police over FB post 

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Police headquarters yesterday (23) said that dancer Anusha Damayanthi had lodged a complaint with the Criminal Investigation Department (CID) over a Facebook post alleging that she was running a brothel.

Police headquarters said that Damayanthi, while denying the accusation, had also brought to the CID’s notice that a minister was being accused of lambasting the Walana anti-crime strike force for carrying out the raid. Police said that an investigation was underway.

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