Dear friends,
The Asian Human Rights Commission (AHRC) has received information that Mr. Abeysinghe Gamachchige Manathunga, a farmer, was illegally arrested and tortured by the Hungama police simply because he happened to be in the right place at the right time. The officers needed to arrest a ‘culprit’ in order to fulfill the requirement to close a case. The officers were inebriated at the time of the arrest.
As an illustration of the existing legal system in Sri Lanka the lawyer representing him advised Manathunga to accept the charge and pay the fine, otherwise he would be engaged in legal proceedings for years to come and his legal fees would far surpass the fine that he would be charged.
CASE NARRATIVE:
Abeysinghe Gamachchige Manathunga (56) of No: 120/A, Hungama, Kiulla, Ambalanthota in Hambantota District is married and a farmer by profession. He was severely tortured by three police officers attached to the Hungama Police Station.
On 15 February, 2014, at about 11.45 pm, he and some other farmers went to protect their crops from stray and feral cattle by chasing them away. At that time Manathunga observed that several police officers were coming towards them. Among the three police officers, one came closer to his paddy field and called him over. He asked, “Who are you? Are you drunk?” Manathunga explained that they were protecting their farms from the stray cattle. He realised the police officers were apparently looking for a scapegoat to fulfill their investigation requirements and had decided that he might be a suitable person.
Using the excuse that they did not accept his explanation they started to beat him. They used their weapons and fence poles to beat him for more than half an hour. When he fell to the ground they continued to shout at him in obscene language and then dragged him into their jeep while kicking him all the while.
Manathunga states that he clearly observed that the police officers were inebriated at the time. While they were taking him to the police station they continued to verbally abuse and beat him. At the Hungama Police Station they put him in to a cell at around 1.30 am. When they did so he fell to the ground and one of the police officers kicked him in the neck. At that point he begged them not to torture him. Also he told them if he had committed any crime or wrong doing or engaged in any illegal activity to produce him before a court instead of torturing him. However, they continued to assault him brutally.
As a result of the torture his left arm was swollen and he suffered bruising on several parts of his body. Furthermore, when they finally stopped beating him he found that he could not stand up by himself. Those officers assaulted his back with poles so he was suffering backache as well. They continued to use obscene language and also to make threats such as, “Be silent if not I will kill you”. Also they said that “we have so many methods to do to put to remand for many years, so don’t struggle for anything”.
At one point he begged them for water and one of the policemen punched his chest and told him, “If you want to drink water you can drink water from commode”.
After some time the three police officers came to the cell with a paper and asked him to sign it, but he refused. At that time one of the police officer slapped him. Then he told the officers that he is illiterate and so if officers can read it, he would sign it. However, they refused to do that and forcibly pressed his left thumb on the paper.
The following day, 16 February 2014, one of his relatives, A.G. Ranjith came to see him and brought him food for his breakfast. Later that day he was released on police bail and was told to attend the Agunakolapalassa Court on 19 February 2014. There he met a lawyer and told the full story of how he was assaulted and tortured by police officers. At the hearing the police laid fabricated charges against him and he was fined him Rs. 2500/=. As an illustration of the existing legal system in Sri Lanka the lawyer advised Manathunga to accept the charge and pay the fine, otherwise he would be engaged in legal proceedings for years to come and his legal fees would far surpass the fine that he would be charged.
Manathunga states that he did not understand the proceedings at court but remained silent due to fear. Further he states that at the court house the police officers on duty insisted him to accept the fine and conclude the proceedings. He further states that the police officers simply filed this fabricated case against him as they wanted to cover up the fact that they had tortured him. He vehemently denies any involvement in any illegal activity or committing any crimes.
Manathunga made a compliant on 22 February 2014 at the Sri Lanka Human Rights Commission against his rights violation. Manathunga denies all the allegations (which have still not been explained), made against him and feels that his fundamental rights have been denied.
Manathunga has send written complaints to the Inspector General of Police (IGP), Deputy Inspector General of Police (DIG) Galle, Assistant Superintendent of Police (ASP) and the Senior Superintendent of Police (SSP) in Thangalle, and to the Headquarters Inspector of Hambanthota Headquarters Police Station, seeking an independent, impartial, prompt and efficient inquiry into his rights violations. But none of these officers has initiated any inquiry into this which further adds to violations of his rights. Manathunga and his family members seek justice and the protection of his rights as enshrined in the Constitution of Sri Lanka.
SUGGESTED ACTION:
Please send a letter to the authorities expressing your concern about this case and requesting an immediate investigation into the allegations torturing an innocent man by the police officers and denying justice and independent inquiry by the police officers. Please request the authorities for prosecution of those proven to be responsible under the criminal law of the country for misusing powers of a state. The officers involved must also be subjected to internal investigations for the breach of the department orders as issued by the police department. Further, please also request the NPC and the IGP to have a special investigation into the malpractices of the police officers for abusing the state officers’ powers.
Please note that the AHRC has also written a separate letter to the Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment on this regard.
To support this case, please click here: SEND APPEAL LETTER
SAMPLE LETTER
Dear ________,
SRI LANKA: An innocent man is arbitrarily arrested, detained and brutally tortured by the Hungama Police as a substitute for a crime he did not commit
Name of the victim: Abeysinghe Gamachchige Manathunga (56) of No: 120/A, Hungama, Kiulla, Ambalanthota in Hambantota District
Alleged perpetrator: Three police officers at Hungama Police station
Date of incident: 15 of February, 2014
Place of incident: In front of the victim’s paddy field and Hungama Police Station.
I am writing to express my serious concern over the case of Mr. Abeysinghe Gamachchige Manathunga (56) of No: 120/A, Hungama, Kiulla, Ambalanthota in Hambantota District Manathunga is married and a farmer by profession. He was severely tortured by three police officers attached to the Hungama Police Station.
On 15 February, 2014, at about 11.45 pm, he and some other farmers went to protect their crops from stray and feral cattle by chasing them away. At that time Manathunga observed that several police officers were coming towards them. Among the three police officers, one came closer to his paddy field and called him over. He asked, “Who are you? Are you drunk?” Manathunga explained that they were protecting their farms from the stray cattle. He realised the police officers were apparently looking for a scapegoat to fulfill their investigation requirements and had decided that he might be a suitable person.
Using the excuse that they did not accept his explanation they started to beat him. They used their weapons and fence poles to beat him for more than half an hour. When he fell to the ground they continued to shout at him in obscene language and then dragged him into their jeep while kicking him all the while.
Manathunga states that he clearly observed that the police officers were inebriated at the time. While they were taking him to the police station they continued to verbally abuse and beat him. At the Hungama Police Station they put him in to a cell at around 1.30 am. When they did so he fell to the ground and one of the police officers kicked him in the neck. At that point he begged them not to torture him. Also he told them if he had committed any crime or wrong doing or engaged in any illegal activity to produce him before a court instead of torturing him. However, they continued to assault him brutally.
As a result of the torture his left arm was swollen and he suffered bruising on several parts of his body. Furthermore, when they finally stopped beating him he found that he could not stand up by himself. Those officers assaulted his back with poles so he was suffering backache as well. They continued to use obscene language and also to make threats such as, “Be silent if not I will kill you”. Also they said that “we have so many methods to do to put to remand for many years, so don’t struggle for anything”.
At one point he begged them for water and one of the policemen punched his chest and told him, “If you want to drink water you can drink water from commode”.
After some time the three police officers came to the cell with a paper and asked him to sign it, but he refused. At that time one of the police officer slapped him. Then he told the officers that he is illiterate and so if officers can read it, he would sign it. However, they refused to do that and forcibly pressed his left thumb on the paper.
The following day, 16 February 2014, one of his relatives, A.G. Ranjith came to see him and brought him food for his breakfast. Later that day he was released on police bail and was told to attend the Agunakolapalassa Court on 19 February 2014. There he met a lawyer and told the full story of how he was assaulted and tortured by police officers. At the hearing the police laid fabricated charges against him and he was fined him Rs. 2500/=. As an illustration of the existing legal system in Sri Lanka the lawyer advised Manathunga to accept the charge and pay the fine, otherwise he would be engaged in legal proceedings for years to come and his legal fees would far surpass the fine that he would be charged.
Manathunga states that he did not understand the proceedings at court but remained silent due to fear. Further he states that at the court house the police officers on duty insisted him to accept the fine and conclude the proceedings. He further states that the police officers simply filed this fabricated case against him as they wanted to cover up the fact that they had tortured him. He vehemently denies any involvement in any illegal activity or committing any crimes.
Manathunga made a compliant on 22 February 2014 at the Sri Lanka Human Rights Commission against his rights violation. Manathunga denies all the allegations (which have still not been explained), made against him and feels that his fundamental rights have been denied.
Manathunga has send written complaints to the Inspector General of Police (IGP), Deputy Inspector General of Police (DIG) Galle, Assistant Superintendent of Police (ASP) and the Senior Superintendent of Police (SSP) in Thangalle, and to the Headquarters Inspector of Hambanthota Headquarters Police Station, seeking an independent, impartial, prompt and efficient inquiry into his rights violations. But none of these officers has initiated any inquiry into this which further adds to violations of his rights. Manathunga and his family members seek justice and the protection of his rights as enshrined in the Constitution of Sri Lanka.
Hereby I request an immediate investigation into the allegations torturing an innocent man by the police officers and denying justice and independent inquiry by the police officers. Please those proven to be responsible under the criminal law of the country for misusing powers of a state must be prosecuted. The officers involved must also be subjected to internal investigations for the breach of the department orders as issued by the police department. Further, I also request the NPC and the IGP to have a special investigation into the malpractices of the police officers for abusing the state officers’ powers.
Yours sincerely,
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PLEASE SEND YOUR LETTERS TO:
1. Mr. N K Illangakoon
Inspector General of Police
New Secretariat
Colombo 1
SRI LANKA
Fax: +94 11 2 440440 / 327877
E-mail: igp@police.lk
2. Mr. Sarath Palitha Fernando
Attorney General
Attorney General’s Department
Colombo 12
SRI LANKA
Fax: +94 11 2 436421
E-mail: ag@attorneygeneral.gov.lk
3. 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
Sri Lanka Human Rights Commission
No: 165 Kynsey Road,
Borella, Colombo 8.
SRI LANKA
Fax: +94 11 2694924
Email: sechrc@sltnet.lk
Thank you.
Urgent Appeals Programme
Asian Human Rights Commission (ua@ahrc.asia)
