Dear friends,
The Asian Human Rights Commission (AHRC) has learned that a 21-year-old man has been badly tortured by police and is facing two fabricated charges for theft and sexual assault due to a personal dispute. The officer leading the series of violations is father to the victim’s ex-girlfriend, who he had reportedly hit earlier last year. There are grave concerns that the officer is abusing his position for personal revenge, and the young man remains in danger of further abuse and imprisonment for crimes he did not commit. Torture has been criminalised in Sri Lanka, yet is rarely considered in court.
CASE DETAILS:
On the 28 March 2009 between 3 and 4pm a Sergeant Jinasiri and a Constable Anura asked Tharidu Nishan, 21, to join them at Akuressa Police Station to discuss a motorcycle for sale. When he arrived they began to interrogate him about an incident days earlier in which he had slapped his girlfriend; the girlfriend was Sergeant Jinasiri’s daughter.
The officers also brought in Tharidu’s friend, Nuwan Madusanka, who had been with him at the time of the dispute. The two were asked about a chain that they were supposed to have snatched during the incident and both denied the theft, though not the assault.
According to the two young men and to Tharidu’s father, an eyewitness, Sergeant Jinasiri then slapped them both and told them that they would be punished for hurting his daughter. The two were taken into police custody.
That day at about 6.30pm two police officers reportedly stripped the men naked in the police station, tied their hands and feet together and allowed Sergeant Jinasiri to beat the heels of their feet with a wooden baton. He demanded that they confess to the theft of a necklace. Police scattered a substance like salt on the floor and forced the two to jump on it for about ten minutes. Tharidu was also subjected to a form of water torture, which simulates drowning, using a hose.
On 30 March after two days of illegal detention a constable (bearing the No.16350) asked Tharidu for detailed information about his neighbourhood and wrote in a book, which he later asked Tharidu to sign without reading. Tharidu refused to do so. We are told that the officer hit him with a wooden pole and threatened to frame him by planting explosives in his three-wheeler vehicle; Tharidu and Nuwan both signed the book.
At 9.30am the men were finally taken to Morawaka Magistrates Courts (Case No.7954). The police have alleged that Tharidu snatched a necklace (valued at Rs.22,000) from his former girlfriend, and that a piece of the chain was found in the possession of Nuwan. The young men’s lawyers informed the Magistrate of their assault, who asked to see the wounds and correctly ordered their examination by a Judicial Medical Officer in Matara General Hospital before they were sent to remand prison until 19 May; police obstructed their chances of posting bail. After their release the two were ordered to report to Akuressa police station each Sunday.
However six months later on one such Sunday we are told that Tharidu was faced with further charges: the sexual assault of a woman he had once carried in his three-wheeler. We have been told that the female victim herself has denied Tharidu’s involvement, however he was placed in a cell, produced at Matara Magistrate Courts and remanded (Case No. B.R.2547). He was released on bail on 8 December, after a month. At the time of his second arrest we are also told that PC Anura made motions to beat Tharidu but was halted by a reminder from SI Mahinda, that Tharidu had filed a case with the Human Rights Commission.
Tharidu must currently visit the police station each Sunday, and reports that each week he is subject to harassment by officers there.
Please join the AHRC in calling for the officers allegedly involved in torture to be thoroughly investigated. Those who are proven to have abused their positions of authority by engaging in torture, perverting the course of justice and fabricating charges, must face legal penalties and immediate dismissal from the force. Torture is illegal in Sri Lanka and must be investigated under the CAT Act No. 22 of 1994.
SUGGESTED ACTION:
Please write to the authorities listed below, demanding due legal and disciplinary action to be taken against the police officers of Akuressa police station for torture under the CAT Act No. 22 of 1994.
The AHRC has sent a letter to the UN special rapporteur on torture calling for intervention in this case.
To support this case, please click here: SEND APPEAL LETTER
SAMPLE LETTER
Dear __________,
Re: SRI LANKA: Police torture and fabricate charges against a young man for revenge
Name of victims:
1. Tharidu Nishan Anurudha Gamage, 21. Resident of 212/1 Poraba Lane, Akkuressa, Matara
2. Nuwan Madusanka
Name of alleged perpetrators:
1. Sergeant Jinasiri (No.22206)
2. Constable Anura (No.55820)
3. Police Constable Gamage (No.16350)
Date of incident: 28 March 2009
Place of incident: Akuressa Police Station, Matara Division, Southern Range
I am writing to voice my deep concern regarding the torture of two young men by police and the fabrication of charges against them. I understand that the officer leading the violations is father to one of the victims’ ex-girlfriends, who he had reportedly hit earlier last year. There are grave concerns that this officer is abusing his position for personal revenge.
According to the information I have received, on the 28 March 2009 between 3 and 4pm a Sergeant Jinasiri and a Constable Anura asked Mr. Gamage, 21, to join them at Akuressa Police Station to discuss a motorcycle for sale, yet then interrogated him about an incident in which he had slapped his girlfriend; the daughter of Sergeant Jinasiri. The officers also brought in Mr. Gamage’s friend, Nuwan Madusanka, who had been with him at the time of the dispute. The two were asked about a chain that they were supposed to have snatched during the incident and both denied the theft, though not the assault.
According to the two young men and to Mr. Gamage’s father, an eyewitness, Sergeant Jinasiri then slapped them both and told them that they would be punished for hurting his daughter. The two were taken into police custody, and badly tortured. Two police officers reportedly stripped the men naked in the police station, tied their hands and feet together and allowed Sergeant Jinasiri to beat the heels of their feet with a wooden baton. Police scattered a substance like salt on the floor and forced the two to jump on it for about ten minutes and Mr. Gamage was also subjected to a form of water torture using a hose.
On 30 March I am told that a constable (bearing the No.16350) forced Mr. Gamage and Mr. Madusanka to sign a statement that they hadn’t read by beating the former with a wooden pole and threatened to frame him (by planting explosives in his three-wheeler vehicle).
The men were taken to Morawaka Magistrates Courts (Case No.7954) where police alleged that Mr. Gamage snatched a necklace (valued at Rs.22,000) from his former girlfriend, and that a piece of the chain was found in the possession of Mr. Madusanka.
Fortunately the Magistrate, made aware of their assault, ordered their examination by a Judicial Medical Officer in Matara General Hospital. The men were sent to remand prison until 19 May, without bail. After their release the two were ordered to report to Akuressa police station each Sunday.
However six months later, on one such Sunday we are told that Mr. Gamage was faced with further charges: the sexual assault of a woman he had once carried in his three-wheeler. I am told that the woman herself has denied Mr. Gamage’s involvement, yet he was placed in a cell, produced at Matara Magistrate Courts and remanded (Case No. B.R.2547). He was released on bail on 8 December, after a month.
Please note that at the time of his second arrest I am told that PC Anura made motions to beat Mr. Gamage but was halted by a reminder from an SI Mahinda, that Mr. Gamage had filed a case with the Human Rights Commission. Mr. Gamage is currently obliged to visit the police station each Sunday, and reports that each week he is subject to harassment by officers there.
Please join the AHRC in calling for the officers allegedly involved in torture to be thoroughly investigated. Those who are proven to have abused their positions of authority by engaging in torture, perverting the course of justice and fabricating charges, must face legal penalties and immediate dismissal from the force. They must not be allowed to further intimidate the victim, who must be released from the charges against him. Please remember that torture is illegal in Sri Lanka and must be investigated under the CAT Act No. 22 of 1994.
Yours sincerely,
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PLEASE SEND YOUR LETTERS TO:
Mr. Mahinda Balasuriya
Inspector General of Police (IGP),
New Secretariat,
Colombo 1,
SRI LANKA
Fax: +94 11 2 440440
Mr. Mohan Peiris
Attorney General
Attorney General’s Department,
Colombo 12,
SRI LANKA
Fax: +94 11 2 436421
Chief Justice,
Office of the Chief Justice of the Supreme Court of Sri Lanka
Superior Courts Complex,
Colombo-12,
SRI LANKA
Fax: +94-11-2437534
Secretary,
National Police Commission,
3rd Floor Rotunda Towers,
109 Galle Road,
Colombo 03,
SRI LANKA
Tel/Fax: +94 11 2 395960
Email: polcom@sltnet.lk
Secretary,
Human Rights Commission of Sri Lanka,
No 108 Barnes Place,
Colombo 07
SRI LANKA
Tel: +94 11 2 694 925 / 673 806
Fax: +94 11 2 694 924 / 696 470
Email: sechrc@sltnet.lk
Senior Superintendent of Police (SSP)
Office of the Senior Superintendant of Police
Matara
SRI LANKA
Fax: +94 41 2222113
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Thank you.
Urgent Appeals Programme
Asian Human Rights Commission (ua@ahrchk.org)
