Dear friends,
The Asian Human Rights Commission (AHRC) has learned that an injured man was severely and randomly beaten by a police officer at Negombo Police Station and then denied medical treatment for more than 24 hours, causing possible permanent nerve damage. He now faces fabricated charges for a robbery. No legal or disciplinary action has been taken against the officers involved, one of whom is respondent in a fundamental rights charge before the Supreme Court for the alleged torture of Sugath Fernando, who was assassinated last year.
CASE DETAILS:
Tammage Sampath Perera, 28, was leaving church on 29 July, 2009 when he was stopped and badly beaten with an iron bar by a group of churchgoers. They accused him of stealing Rs 38 (US $0.33) from the church and called the police. While waiting for the police the residents decided that another young man, 15, was the culprit instead, but when the police arrived both were taken to Negombo police station.
At the station Sampath’s bleeding leg was roughly bandaged, and he was left sitting on a bench with a number of the others. After about an hour we are told that an officer (who Sampath later learned was Headquarters Inspector Somasiri Liyanage ) entered the room and started to kick him and stamp on his wounded leg. The inspector allegedly told him to remove his trousers, then put a pistol in his mouth and ordered him to confess to the crime. Some of the witnesses present protested and told him that the younger boy, also in the room, had taken the money. Two officers were heard to shout at them and threaten them with the same treatment. It should be noted that Inspector Liyanage is currently a respondent in a fundamental rights petition relating to torture (please see more below).
Though no complaint had been filed against Sampath and no evidence produced, police charged him with the robbery and detained him illegally in a police cell without medical treatment. His family found out about his arrest (they were not officially told) and arrived later that evening, asking that he be allowed to go to hospital. When Sampath was admitted to Negombo hospital late the next morning while under custody, a doctor told officers that permanent nerve damage was likely, due to the delay. Sampath was operated on and stayed in hospital until 7 August, where he spent much of the time cuffed to his hospital bed, before being given bail. On 28 October he appeared in the Negombo Magistrate’s Court (case number B/1373/2009) charged with robbery.
ADDITIONAL INFORMATION:
As you can read in our past appeal UAU-057-2008, Somasiri Liyanage is a respondent in a fundamental rights case before the Supreme Court, filed by Sugath Fernando, for alleged torture. Fernando’s widow is a witness in the case and suspects these respondents for her husband’s murder, yet investigations into it have stalled. The case and analysis of it can be read in depth in our human rights periodical, Article 2, vol.8 no.1 (PDF).
No legal, administrative or disciplinary action has yet been taken against the officers involved in Sampath’s arrest and torture even though numerous laws and procedural codes were broken, and one of the perpetrators has this alleged history of abuse. As you can read in our summary of Sri Lanka’s legal position on torture, the Constitution recognises freedom against torture as a fundamental right (Article 126) and Sri Lanka has ratified the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment in 1993, though neither are used much considering the high rate of torture being reported from Sri Lankan places of detainment. Most police officers appear to enjoy full impunity.
The Asian Human Rights Commission does not consider a job transfer a common response to torture allegations an effective deterrent to the crime. Please find out more on our online campaign to fully criminalise torture, in Sri Lanka and throughout Asia, according to international legal standards.
Sampath has written complaints against the Negombo police, naming HQI Somasiri Liyanage, to the Inspector General of Police, the Deputy Inspector General of Police, the Special Investigations Unit, the Special Superintendent of Police in Negombo, the National Police Commission and the National Human Rights Commission. An enquiry has been started by the local SSP, and his report is pending.
SUGGESTED ACTION:
Please write to the authorities below urging a full inquiry, for guilty parties to be prosecuted and disciplined according to Sri Lankan law and policy, and for the victim to be fully compensated. For an effective investigation to be conducted, officers involved must immediately be removed from their positions.
Please be informed that the AHRC has sent a letter to the UN Special Rapporteur on Torture and to the UN Working Group on Arbitrary Detention.
To support this case, please click here: SEND APPEAL LETTER
SAMPLE LETTER
Dear __________,
Re: SRI LANKA: An injured man is beaten by police, illegally detained and denied medical treatment
Name of the victim: Tammage Sampath Perera, 28
Name of the alleged perpetrators: HQI Somariri Liyanage and other officers, all attached to Negombo Police Station.
Date of the incident: 29 July to 7 August, 2009
Place of the incident: Negombo Police Station, Negombo Division, Western Province (North) Range.
I am writing to voice my deepest concern regarding the alleged illegal detention, torture and denial of medical treatment of an injured man by police officers at Negombo Police Station, causing him possible permanent nerve damage according to doctors. The man faces fabricated charges for robbery, and no legal or disciplinary action has been taken against the officers involved.
According to the information I have received, Tammage Sampath Perera was badly beaten with an iron bar by a group of churchgoers who accused him of stealing Rs 38 from a church. When the police arrived the residents had decided that another young man, 15, was the culprit instead, but both were taken to Negombo police station.
At the station I am told that, in front of others, the Headquarters Inspector kicked and stamped on Mr. Perera’s wounded leg, told him to remove his trousers and put a pistol in his mouth while ordering him to confess to the crime. Some of the witnesses reportedly told the officer that it was a case of mistaken arrest, but they were threatened. It should be noted that HQI Liyanage is a respondent in a fundamental rights case before the Supreme Court for the alleged torture of Sugath Fernando. Fernando was assassinated last year and his widow, a witness in the case, suspects these respondents for her husband’s murder which is no longer being investigated.
Though I am told that no complaint had been filed against Mr. Perera and no evidence produced, he was charged with the robbery and detained illegally in a cell without medical treatment. His family were not officially told of his detention. When Mr. Perera was admitted to Negombo hospital after more than 24 hours, a doctor noted that permanent nerve damage was likely, due to the delay. Mr. Perera was operated on and stayed in hospital until 7 August, where he spent much of the time cuffed to his hospital bed, before being given bail. On 28 October he appeared in the Negombo Magistrate’s Court (case number B/1373/2009) charged with robbery.
The victim has made written complaints against the Negombo police, naming HQI Liyanage, to the Inspector General of Police, Deputy Inspector General of Police, the Special Investigations Unit, the Special Superintendent of Police in Negombo, the National Police Commission and the Human Rights Commission. Though an enquiry has been started by the local SSP, I have little faith that the necessary legal and disciplinary action will be taken in this case, and I urge your intervention on behalf of the victim.
As documented by the Asian Human Rights Commission, acts of police torture remain common in Sri Lanka, even though they are against the law. Sri Lanka may have ratified the Convention against Torture in 1993 but just a handful of police officers have been convicted since then due to impunity, court delays and witness intimidation. I am told that a job transfer is the most common response to torture allegations against a police officer, and I am sure you will agree that this is not a credible punishment.
I urge that a full inquiry be conducted and that guilty parties to be prosecuted and disciplined according to the full reach of Sri Lankan law and policy. The victim must be fully compensated and offered protection. For an effective investigation to be conducted, officers involved must immediately be removed from their positions. I also take this opportunity to ask that you ensure that an investigation is being conducted into the murder of Sugath Fernando.
Please note that the UN Special Rapporteur on Torture and the UN Working Group on Arbitrary Detention have been informed of this case.
Yours sincerely,
—————-
PLEASE SEND YOUR LETTERS TO:
Mr . Mahinda Balasuriya
Inspector General of Police
New Secretariat
Colombo 1
SRI LANKA
Fax: +94 11 2 440440 / 327877
E-mail: igp@police.lk
2. Mr. Mohan Peiris
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
Human Rights Commission
No. 36, Kynsey Road
Colombo 8
SRI LANKA
Tel: +94 11 2 694 925 / 673 806
Fax: +94 11 2 694 924 / 696 470
E-mail: sechrc@sltnet.lk
Thank you.
Urgent Appeals Programme
Asian Human Rights Commission (ua@ahrchk.org)
