ASIAN HUMAN RIGHTS COMMISSION - URGENT APPEALS PROGRAMME


Urgent Appeal Update: AHRC-UAU-005-2009



 <http://www.ahrchk.net/ua/support.php?ua=UAU-005-2009 >
<http://www.ahrchk.net/ua/support.php?ua=UAU-005-2009>



5 March 2009



[RE: AHRC-UA-140-2007: SRI LANKA: A woman allegedly implicated in a

false case due to a nexus between excise department officers and

local criminals]



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SRI LANKA: Legal action to be taken against officers responsible for

fabricating evidence



ISSUES: Ill-treatment; illegal arrest; fabrication of case; impunity



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Dear friends,



The Asian Human Rights Commission (AHRC) has received updated

information regarding the case of Ms. Victory-hamy, who was illegally

taken into custody, forced to sign a document, put her fingerprints in

evidence in February 2007 and (See further: UA-140-2007

<http://www.ahrchk.net/ua/mainfile.php/2007/2357/>
<http://www.ahrchk.net/ua/mainfile.php/2007/2357/>

), was finally charged for manufacturing illegal liquor. In January

this year, she was freed of all charges pending against her for about

two years.



UPDATED INFORMATION:



On January 28, 2009, Ms. Wickramasinghe Alugolla Appuhamige

Victory-hamy was acquitted by the Magistarte court of Putlam where

she was charged of being in possession of illicit liquor. She was

charged by the Excise officers of Putlam who were allegedly

instigated by a local illicit liquor manufacturer named Keerthi. It

is reported that her prosecution was begun because Ms. Victory-hamy

had made several complaints at the police station about the

manufacturer's illegal activities.



Based on the complaint by Ms. Victory-hamy, the National Human Rights

Commission made inquiry into this matter but concluded that her rights

were not violated (HRC/2403/ I(III)).



On February 18, she sent a written complaint again to the Secretary

of the Human Rights Commission, Inspector General of Police,

Commissioner General of Excise Department specially mentioning her

acquittal and requesting that due legal action be taken against the

offending Excise Department officers.



BACKGROUND INFORMATION:



Ms. Wickramasinghe Alugolla Appuhamige Victory-hamy, 66, was arrested

by Puttalam police who were allegedly connected to an illicit liquor

merchandiser in 2007. She was illegally taken into police custody

after she made a complaint against the merchandiser. In the police

station, she was forced to sign a document and place her fingerprints

on bottles that had been used for charges against her to the Puttlam

court. (For details: UA-140-2007

<http://www.ahrchk.net/ua/mainfile.php/2007/2357/>
<http://www.ahrchk.net/ua/mainfile.php/2007/2357/>

)



SUGGESTED ACTION:



Please write letters to the authorities listed below, expressing your

concerns and urging them to investigate this case so that those

responsible can be prosecuted and punished according to the law.



Please be informed that the AHRC has also written separate letter to

the UN Special Rapporteur on question of torture calling for

intervention in this matter.



To support this appeal, please click here:

<http://www.ahrchk.net/ua/support.php?ua=UAU-005-2009 >
<http://www.ahrchk.net/ua/support.php?ua=UAU-005-2009>



SAMPLE LETTER:



Dear ___________,



SRI LANKA: Legal action to be taken against officers responsible for

fabricating evidence



Name of victim: Mrs. Wickramasinghe Alugolla Appuhamige Victory-hamy,

aged 66, married with 6 children, residing in East Vijepura,

Wanathavilluwa, Sri Lanka



Name of alleged perpetrators: Officer-in-Charge of the Excise

Department-Putlam and other officers responsible



Date of incident: 22 February 2007



I am writing to express my concern about the illegal arrest,

ill-treatment and fabrication of a case against sixty-six year old

Mrs. Wickramasinghe Alugolla Appuhamige Victory-hamy, a resident of

Wanathayilluwa, by officers of the Excise Department Putlam on

February 22, 2007.



According to updated information received, even though she had sent

her complaints to several authorities including the Officer-in-Charge

of the Wanathavilluwa police station and Inspector General of Police,

she never received a response from the authorities. Later, the Human

Rights Commission however made inquiry into the matter but concluded

that her rights were not violated. (HRC/2403/I(III)



Contrary to the decision of the human rights commission, Magistrate

court of Putlam found her not guilty of the allegations made against

her by a person producing illegal liquor and allegedly collaborating

with officers belonging to the Excise Department Putlam.



Like other cases, her case was that officers entered her premises

without a court warrant and harassed, threatened and dragged her into

their jeep where she was not released until she affixed her

fingerprints on some empty cans they produced. Then, she was forced

to sign some documents which were not explained to her and which she

was not allowed to read.



I urge you to investigate this case based on her complaint so that

those responsible for ill-treatment and fabrication of evidence are

properly prosecuted and punished in accordance with the law. I

further urge that the National Human Rights Commission reopen this

case for investigation and provide full details of the investigative

process to the victim. If they again deny her, the reason for the

decision must be fully provided to the victim.



Yours sincerely,



----------------



PLEASE SEND YOUR LETTERS TO:



1. Commissioner General



Excise Department



Colombo



SRI LANKA



Fax: +94 11 2 300165



E-mail: [email protected]



2. Mr. Mohan Peris



Attorney General



Attorney General's Department



Colombo 12



SRI LANKA



Fax: +94 11 2 436421



E-mail: [email protected]



3. Inspector General of Police



New Secretariat



Colombo 1



SRI LANKA



Fax: +94 11 2 440440/327877



E-mail: [email protected]



4. Secretary



National Human Rights Commission



No. 36, Kynsey Road



Colombo 8



SRI LANKA



Fax: +94 11 2 694 924 / 696 470



E-mail: [email protected]



Yours sincerely,



Thank you.



Urgent Appeals Programme



Asian Human Rights Commission ([email protected] <mailto:[email protected]> 
<[email protected]>

)



 <http://www.ahrchk.net/ua/support.php?ua=UAU-005-2009 >
<http://www.ahrchk.net/ua/support.php?ua=UAU-005-2009>







-----------------------------

Asian Human Rights Commission

19/F, Go-Up Commercial Building,

998 Canton Road, Kowloon, Hongkong S.A.R.

Tel: +(852) - 2698-6339 Fax: +(852) - 2698-6367




-- 
W A Laskar
Freelance Reporter and Human Rights Activist
with Barak Human Rights Protection Committee,
http://bhrpc.net.googlepages.com
15, Panjabari Road, Darandha, Six Mile,
Guwahati-781037, Assam, India
Cell: +919401134314

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