Tragedy of Nandani Kumari.

Dear Friends, Galapitahene gedara Nandani Kumari (45) married with 3 children is a resident of Kahakotuwe gedara, Bogambara, Kaikawela, Matale.

 On 27 06.2008, at about 2:00 pm, Nandani had a quarrel with a neighbor R,M, Padmakumari, the wife of the Officer in charge (OIC) of the Matale prison H.M. Ekanayake.  Nadani says that  Padmakumari assaulted Nandani and her son. Consequently Padma kumari had admitted herself to the Raththota Hospital . 

 According to the information we have received, at about 3:30 pm on the same day the Matale police came and arrested Nadani and took her in a private van to the Matale police station. Nadani’s husband also went with her and at the police station met the OIC and made a statement regarding the incident. The OIC declared that since the first complaint made was against Nandani, they had taken her into custody. Nandani was made to sit on a chair near the police cell.

 Accoding to the information we have received, at about 5:00 pm Nandani was taken to another room upstairs and a statement recorded. The officer who recorded the statement talked to her sternly. He accused her of cutting and injuring Padmakumari with a knife. Nadani denied. After the statement was recorded, Nandani requested that she reads the statement before signing. The officer then shouted at her saying: “who do you think you are, that I should give this to be read?” He further scolded her saying that she was too forward. He forced her to sign the document which Nadani says is suspect.

 Nadani was again taken downstairs and told to sit on a wooden bench. Nandani’s husband brought her a meal. For the night an old woman was kept with Nandani and at night they both went upstairs and slept on a bench.

 The next day Nandani had got her menses and her head and back ached badly. Nadani told the elderly woman about it and she took her to a tap and told her to wash her soiled garments, which she had to dress again in their wet state.

 Nadani was taken back downstairs and told to sit on the wooden bench, which she found very uncomfortable. At about 8:00 am  Nandani called a Woman Police Officer (WPC)  and told her of her position and asked her for two paracetomol tablets. The WPC refused to oblige saying that they were busy getting ready for the arrival of a senior officer.

 Later again Nadani spoke to another WPC and asked her for sanitary wear. She too refused to oblige saying: “where are we to find such things, are we to go home and bring them?”  Nadani was in great discomfort and now found it easier to stand and wait. The officers however shouted at her to sit down. Nadani then told one of the officers her position. The officer told her to tell one of the WPC’s. When Nadani next spoke to a WPC she told Nadani that she will be taken to court in a little while and to bear it somehow and wait patiently. Shocked Nadani asked why she was to be taken to the police station and was told that it was to be given bail.

 While Nadani waited, she says she heard the OIC reply to a phone call saying that he will be sending at 11:50 pm, which she immediately knew was with reference to her.

 According to the information we have, Nadani was taken to court. Her husband too joined her. An officer who was there told them that it was not a court day, and that there will be no lawyers, however if  they could reload his mobile phone with Rs. 100, he could get them a lawyer he knew. Nadani’s husband provided him with the Rs. 100/= , however Nadani says he took the phone call without reloading the mobile phone. Nandani then was taken with some others who were also in police custody and her husband to the Magistrates Court Matale. On the way they stopped the jeep at a Petrol-shed and asked for money to pump fuel, which was however not given.

 At court the officer who had said he will find a lawyer asked Nadani how much of money they had. When she replied that she had Rs. 5,00/= he scoffed at it. Nadani then gave her gold chain to her husband to be pawned. For this they got another Rs. 2,000/=.

The officer then went and spoke to the lawyer whose name was given as Darshani Gunasekeara. The lawyer asked Nadani to relate the incident in brief since she was busy, and asked for Rs. 4,000/=. Nadani told her that they had only Rs. 2,500/=  in hand  to which the lawyer said was not enough since she has to give money to the police as well. However she agreed that they pay the remaining Rs. 1,5000/= on the next date. When the case was called the lawyer appeared for Nandani. Nadani says that a charge had been fabricated against her stating that she had cut and injured Padmakumari with a knife. The police opposed bail and Nadani was remanded till the 30.05.2008.

 According to the information we have Nadani was then taken to the Matale prison, where the OIC is the husband of the said Padmakumari.  The officer who had introduced the lawyer to Nandani went and spoke to the OIC in a friendly terms referring to him as ‘machan”. Clapping their hand together in a gesture of congratulating on a job well done, the officer told the OIC that he had done his part and now the rest was up to him. The OIC then inquired of him who the lawyer was to which he answered that it was the same one. In return the officer asked the OIC if they will we be looked after? To which the OIC said that we will talk about such things later. Nadani says then the OIC took a phone call and said that he is sending a person and to send a bus. Nadani was then sent to the Kandy prison on that same day.

 At the Kandy prison several women jailors got together and intimidated her saying; “So you came after assaulting our OIC’s wife?  The jailors on duty tomorrow will assault you”,  they told her and gave her food to eat.

 According to the information we have received,  the next day on 29.06.2008, Nadani was taken to the room of  the woman Jailor  who asked her if she came from Matale. When Nandani did not speak she was threatened and told to speak. Nandani then related the incident, referring to the OIC as the “Guard Aiya” the name by which he was known in the village. The woman jailor then scolded her asking : “ to whom do you think you are referring to as guard aiya?  learn to talk, properly! Did you not assault the wife of the OIC?”,  saying this she took Nandani to another room.  On the way to the room Nadani slipped and fell on the floor.  Several women jailors who were in the vicinity then pounced on her kicked and trampled her shouting at her to get up. Nandani got up with difficulty. The women jailors now surrounded her and started to assault her in a most cruel manner hitting her head against the wall. They told her that they had got instructions to ‘half kill her’. When Nandani was so assaulted she passed urine and blood. The unmerciful women jailors then  gave her a piece of cloth and told her to clean up the mess and then have bath.

 Nadani says after she had a bath she became very sick and threw up. Nandani was then taken to a doctor. However the woman jailor who accompanied her threatened her not to tell of the assault. Afraid Nandani complied.

 According to the information received, the next day 30.06.2008, Nandani was taken to the Matale Magistrate’s Court. Again the women jailors threatened  not to reveal that she was assaulted and if she did that she will  be assaulted again when she is taken back.

 According to the information received Nandani was then sent back to the Matale prison, where the OIC of the prison H.M. Ekanayake  asked her if she had enough of it  “parippu ethitha?” He further threatened her that if there is any problem again in the neighborhood, she will be killed and sent home. Speaking to other officers he told that it was a shame that they could not have got the prisoners to have done the rest too. (possibly implicating rape)

 Nandani was put into a prison cell. Nandani’s husband was not allowed to see her but the clothes that were brought by him were given to her.

 Nandani was produced before the Magistrat court. The same lawyer Priyadarshani Gunasekara appeared for her. Nandani paid her the remainder of Rs. 1,5000/=.Nandani instructed the lawyer to tell court that she was assaulted in the prison but she did not do so. Nandani was given bail and released. Case No is B 691/08 the next date is 17.10.2008.

 On 30.06.2008, due to the trauma sustained on her body and several body pains, Nadani got herself admitted to the Matale Hospital . She told the doctors that  she was assaulted by the women Jailors of the Kandy prison. The Hospital police recorded a statement from her. The Judicial Medical officer examined her. Nadani was discharged on 08.07.2008, after about one week of treatment. Nadani says that as a result of the assault her ears  had to be treated. She was sent by the Matale Hospital to the Kandy Hospital  where it was declared that her ears had been injured in the assault.

On 04.07.2008 Nadani’s husband complained  about the incident to the Kandy branch of the Human Rights Reference no. HRC/K/S/T/89/08/111.

 On 08.07.2008 a written complaint about the incident was sent to the Human Right s Commission in Colombo and to the Commissioner General of Prisons and the Inspector General of Police (IGP) .

 Consequent to the complaint made to the IGP it has been notified that the complaint has been referred to the Deputy Inspector General ( Central   Province ).

.  This is a case of  crass abuse of power.  A case of cruel, sadistic revenge by authorities using the powers given to them to uphold law and order to satisfy the personal vendettas of a single officer. It is a case which shows how state officers of several branches unashamedly get together, bribing their way through to maintain their inflated egos in a show of power that they can do anything if you cross their path.  

 They tortured and subjected her to cruel and inhuman treatment not only by assaulting her and injuring her but also by refraining to afford her sanitary conditions when needed.

 According to the horrifying details given to us by Nandani and her husband, we ask you to be judge of this incident. Write  to those authorities listed below urging them to hold inquiry and punish those responsible for this gross acts violating the rights of the poor and powerless.  

Janasansadaya, 81/2, Arthur V. Dias Mw, Panadura.   038 2235191  

 

Fooled by the promise of a Chief Minister .

Dear Friends, Agampodi Nishantha Thilakaratne Silva (37) married with 3 children resided at Nathunhenawatta, Malwatte, Kalutara South. From 09.01.2008 he worked  at the bar managed by one Roshan  at Janapriya Mawatha, Panadura. The Bar was owned by Reginald Cooray the  Chief Minister of the Western Province .

 Nishantha traveled daily to and from the bar on the pillion of the motor cycle driven by Roshan.

 On 24.01.2008, at about 10:30 pm, when they were returning home as usual, Nishantha fell off the bicycle at Molligoda in Wadduwa. Nishantha says he is not aware of what happened.

 According to the information we have received, Roshan had admitted him to the Nagoda Hospital from where he was transferred to the Colombo General Hospital . Nishantha was unconscious for 5 days, surgery had been performed on the right side of his head removing a part of his head and leaving him blind in the right eye.

 We are informed that Reginold Cooray the Chief Minister of the Western Province has visited Roshan while he was in the Colombo General hospital and had given Rs. 5,000/=  to Roshan’s mother hand saying for expenses. Nishantha says that he had further told her that it is not necessary to go to the police regarding the matter and all that has to be attended to by the police will be looked after.

 Believing the Chief Minsiter of the Western Province , Nishantha’s family had not gone to report the incident to the police.

 We are informed that the hospital police had not taken a statement from Nishantha while he was receiving treatment in the hospitals of Colombo and Nagoda.

 Two months after the incident  Nishantha went with his wife to the Wadduwa Police station since no legal action what ever had been taken regarding the accident as promised by the Chief Minister.

 A statement was duly recorded. Roshan was also called to the police station.. Roshan maintained that Nishnatha had jumped off from the motor bicycle.

 Nishantha says that Roshan tried to bribe the police officer by offering him Rs. 4,000/= to get a letter from Nishantha saying that Roshan was not responsible for the accident. However the said the officer had turned down this offer.

 In April, Nishantha and his wife went to meet the Chief Minister to his house .They stayed from 10:30 am to 4:00 pm at which time they were called in. We are informed that the Chief Minsiter recognized Nishantha but told him that he can not do anything about the accident since it occurred outside the premises of the bar. Instead he offered to find a job for Nishantha’s wife. Nishantha and his wife refused the offer.

 On 03.07.2008 Nishantha complained about the incident to the Chairman Human Rights Commission, Inspector General of police, Attorney General, Deputy Inspector General  (law) , Senior Superintendent of police (SSP), Panadura.

Consequent to this on 30.07.2008, Nishantha  received a police message calling them  to the Senior Superintendents office Panadura. for an inquiry based on his complaint.

 On 31.07.2008 when Nishantha, his wife and his mother, went to the SSP Office:  the SSP and another Woman Police officer (WPC) was present..

 We are informed that the WPC took down a statement from Nishan and his wife. They also told her that they had met the Chief Minister who ha told that he cannot dole out damages every day but had offered to find a job for his wife. However they had not agreed to his proposal.

 We are informed that the WPC had then asked them why they had gone to Human Rights. Nishantha had answered stating that thy had to do so since the police had not taken any action on the matter. We are informed that WPC had also reproached Nishanthas wife for not taking up the job offer saying how many women leave their children at home and go to work. Further she had scoffed saying that even if they go for legal action the damages they may receive may amount to something like Rs. 10,000/ only, and how can you go for legal action against big people”. Thus their statement was recorded and Nishanthat was made to sign  it without explaining it to him or reading it to him.

 Nishantha says the SSP did not take any part in this. And there was no inquiry into the complaint as was indicated in the police message.

 On 05.08.2008 Nishantha informed of this situation in writing to the Chairman Human Rights Commission, Chairman National Police Commission, and  the Inspector General of police.

 Nishantha and his wife say that they were fooled into accepting that the Chief Minister will keep to his word , when he allegedly told Nishantha’s mother that it was not necessary to go to the police and that everything that and to be done by the police will be done.

 Nishantha says that no substantive steps have been taken on this matter by the police.

 Nishanth says that due to the accident he has become disabled Part of the right side of his head has been removed and he has no sight in this right eye. Nishantha says he is the father of three young children and now he cannot do a job.

 He requests justice.

 JANASANSADAYA, 81/2, Arthur V. Dias Mw, Panadura, 038 2296895

Police thugary and abuse of power .

Dear Friends, Ravindra  Indrasiri Wanniarachchi (30) married with 2 children is a small scale businessman who runs his family hotel. He resides at  Dammika Hotel, Athura, Bulathsinhala

On 23 July 2008 at about 9:30 pm Ravindra was sitting as usual in the cashiers seat in  his hotel, when police sergeant  Jayantha (Ps 12296) of the Bulathsinhala police station came in and assaulted two of his customers K.P.Mahesh Bandy Kumara and Samantha Pushpa Kumara. They were slapped and assaulted on their cheeks.

 According to the information we have received when Ravindra inquired why they were assaulted sergeant Jayantha assaulted him too on the cheek saying; “it is none of your business”.

 Ravindra says that he was assaulted so hard that he tripped and fell striking his head on a cupboard nearby and lost consciousness.

 Ravindra was then taken in a three-wheeler to the Bulathsinhala hospital by his mother where he was given some tablets to drink and referred to the Horana Hospital .

 On the way to the Horana hospital the three-wheeler stopped at  his shop to collect some clothing. At this point some police officers including sergeant Jayantha of the Bulathsinhala police came in a police jeep and tried to stop Ravindra being taken to the  hospital. Sergeant Jayatha scolded Ravindra’s mother and father. He pushed Ravindra’s father. Ravindra’s father who is a cardiac patient had to be given medical treatment as a result. However Ravindra was taken to the Horana Hospital where he was treated  and discharged on the 24 July 2008.

 Ravindra informed the doctors who examined and treated him at the Horana hospital that he was assaulted by sergeant Jayantha of the Bulathsinhala Police. The Hospital police took down a statement regarding the assault.

 Ravindra says that the shop had to be closed due to the threats from these police officers.

 Ravindra requests that due disciplinary and legal action be taken against  sergeant Jayantha.

 On 04. August 2008, Ravindra complained of this incident to the Chairman Human Rights Commission, Chairman National Police Commission, Inspector General of Police  and the Senior Superintendent of  Police Kalutara.

The above account is presented for your consideration and action based on the testimony of  Ravindra  Indrasiri Wanniarachchi.

You are invited to stand for justice, against police thugary and abuse of power.  

JANASANSADAYA, 81/2, Arthur V. Dias MW, Panadura. 038 2296895