Dear friends,
The Asian Human Rights Commission (AHRC) has received information regarding the torture and arbitrary detention of Nihal Kithsiri. Nihal was arrested by SI Silva and PC Bandara and taken to the Horana Police station without being charged. The victim was allegedly inhumanly and brutally assaulted all over his body. He says that the police officers also suspended him from a ceiling where he was beaten. On the same day, two of Nihals friends, Kumara and Sumith Haputhantri were arrested by the same police officers who had tortured Nihal. They were taken to the police station where they too were subjected to severe torture. The police officers also confiscated several of Nihals belongings, including a bicycle and a radio. To this date the three victims are still arbitrarily detained without charge at the Horana Police station where they are continually being subjected to torture and abuse from the police officers.
The AHRC urges you to intervene in this matter. Please write a letter to the Inspector General of Police to ensure that the three victims are immediately released or produced before a Magistrates Court. They must be examined by a Judicial Medical Officer (JMO) and afforded medical treatment for their heinous injuries. Furthermore, the Special Investigations Unit must immediately commence an investigation into this case, in order to make those police officers from Horana Police station accountable for the alleged torture. If it is found that the alleged perpetrators had committed crimes against the three victims, then they must be made accountable for their actions and if found guilty of torture, indicted under the CAT Act No. 22 of 1994. Protection must be afforded to the victims and their families while the guilty officers are being investigated and compensation must be awarded.
The AHRC is disappointed to find that the Sri Lankan government has failed to take any action against the Horana police considering the numerous urgent appeals we have done on their officers misconduct, including one last week, one in December and one in June 2005. We hope that this urgent appeal will be taken seriously by the Sri Lankan government and can result in the guilty parties being brought to justice.
Urgent Appeals Programme
Asian Human Rights Commission
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DETAILED INFORMATION:
Name of victims: Nihal Kithsiri, 30, married with one child, occupation – casual labourer; and Kumara and Sumith Haputhatri, friends of the victim.
Alleged perpetrators: Policemen including Bandara and Kaldera of the Horana Police station
Date of incident: 7 December 2005
Details of the incident:
Nihal Kithsiri was arrested on 7 December 2005 at around 10.00am by SI Silva and PC Bandara of the Horana police. Nihal was then taken to the police station where officers Bandara and Kaldera allegedly brutally assaulted Nihal all over his body. The victim was then suspended from the ceiling and once again severely beaten. The injuries sustained from the alleged torture were witnessed by the victims mother and lawyer who were allowed to see him while he was in police custody. They saw a number of injuries all over his body and noticed that he was in severe pain. The arrest by the Horana police was completely unprovoked and they still have not filed any charges against the victim.
Later, in the evening of the same day, police officers Bandara and Kaldera arrested Kumara and Sumith Haputhantri who are friends of Nihal. They were taken to the police station and allegedly subjected to acts of torture from the police officers. Kumara sustained severe burn injuries to his body. The police also went to Nihals home where they confiscated several items including a bicycle and a radio. On December 11, Nihals brother informed the Human Rights Commission via their torture hotline regarding the victims torture at the hands of the Horana police. However, despite these notifications, the victims continue to be arbitrarily detained and tortured at the hands of the Horana police officers.
SUGGESTED ACTION:
Please send a letter to the Inspector General of Police voicing the need for an independent investigation to be instigated against the unlawful abuse carried out by the Horana police officers. Furthermore, other relevant authorities need to be contacted urging them to ensure that the three victims are brought swiftly to a Magistrates Court and also examined by a Judicial Medical Officer.
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SAMPLE LETTER
Dear___________,
Re: SRI LANKA: Arbitrary detention and torture committed yet again by the Horana police
Name of victims: Nihal Kithsiri, 30, married with one child, occupation - casual labourer; Kumara and Sumith Haputhatri, friends of the victim.
Alleged perpetrators: Policemen including Bandara and Kaldera of the Horana Police station
Date of incident: 7 December 2005
I am writing to voice my concern over the alleged torture of Nihal Kithsiri, Kumara and Sumith Haputhatri committed by police officers attached to the Horana Police station. Nihal Kithsiri was arrested on 7 December 2005 at around 10.00am by SI Silva and PC Bandara of the Horana police. Nihal was then taken to the police station where officers Bandara and Kaldera allegedly brutally assaulted Nihal all over his body. The victim was then suspended from the ceiling and once again severely beaten.
Later, in the evening of the same day, police officers Bandara and Kaldera arrested Kumara and Sumith Haputhantri who are friends of Nihal. They were taken to the police station and allegedly subjected to acts of torture from the police officers. Kumara sustained severe burn injuries to his body. All three victims arrests were completely unprovoked and no charges have been filed against them by the Horana police officers. The police also went to Nihals home where they confiscated several items including a bicycle and a radio. On December 11, Nihals brother informed the Human Rights Commission via their torture hotline regarding the victims torture at the hands of the Horana police. However, despite these notifications, the victims continue to be arbitrarily detained and tortured at the hands of the Horana police officers.
I am very disappointed to find that the Sri Lankan government still has not taken any action against the Horana police officers considering the numerous urgent appeals the Asian Human Rights Commission (AHRC) have done on the Horana police officers misconduct, including one last week, one in December and one in June 2005. I hope that this and all the other cases will be taken seriously by the Sri Lankan government and can result in the guilty parties being brought to justice.
I request your urgent action to ensure that the Special Investigations Unit immediately commence an investigation into the alleged conduct of the police officers from the Horana Police station in accordance with Article 12 of the CAT. If it is found that the alleged perpetrators had committed crimes against the three victims, then they must be made accountable for their actions and if found guilty of torture, indicted under the CAT Act No. 22 of 1994. Furthermore, the relevant authorities must ensure that the three victims are either immediately released or produced before a Magistrates Court. A Judicial Medical Officer must also be assigned to examine the injuries of the three victims. Protection must be afforded to the victims and their families while the guilty officers are being investigated in accordance with Article 13 of CAT and compensation must be awarded for medical treatment applied on the victims heinous injuries.
Finally, I would like to remind the Sri Lankan government of its obligations to adhere to the Articles contained within the CAT and the recent conclusions and recommendations of the Committee Against Torture submitted by the UN Office of the High Commissioner for Human Rights, in particular, the need for prompt and impartial investigations (article 12) and protection from intimidation and threats (article 15).
Yours sincerely,
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PLEASE SEND LETTERS TO:
1. Mr. Chandra Fernando.
Inspector General of Police (IGP)
New Secretariat
Colombo 1
SRI LANKA
Fax: +94 11 2 440440/327877
2. Mr. K. C. Kamalasabesan
Attorney General
Attorney General's Department
Colombo 12
SRI LANKA
Fax: +94 11 2 436 421
3. National Police Commission
3rd Floor, Rotunda Towers,
109 Galle Road
Colombo 03
SRI LANKA
Tel: +94 11 2 395310
Fax: +94 11 2 395867
Fax HOME: +94 11 2 674148
E-mail: polcom@sltnet.lk
4. Dr. Radhika Coomaraswamy
Chairperson Human Rights Commission of Sri Lanka
No. 36, Kynsey Road
Colombo 8
SRI LANKA
Tel: +94 11 2 694925 / 673806
Fax: +94 11 2 694924 / 696470
E-mail: sechrc@sltnet.lk
5. His Excellency the Hon. Mr Mahinda Rajapakse
President Socialist Democratic Republic of Sri Lanka
C/- Office of the President
Temple Trees
150, Galle Road
Colombo 3
SRI LANKA
Fax: +94 11 2472100 / +94 11 2446657 (this is contact for Secretary to President)
Email: secretary@presidentsoffice.lk
6. Prof. Manfred Nowak
Special Rapporteur on the Question of Torture
Attn: Mr. Safir Syed
C/o OHCHR-UNOG
1211 Geneva 10
SWITZERLAND
Tel: +41 22 917 9230
Fax: +41 22 917 9016 (general)
E-mail: ssyed@ohchr.org
7. Ms Leila Zerrougui
Chairperson
Working Group on Arbitrary Detention
c/o Miguel de la Lama
OHCHR-UNOG
1211 Geneva 10
SWITZERLAND
Fax: +41 22 917 9006 (ATTENTION: Working Group on Arbitrary Detention)
Email: mdelalama@ohchr.org
Thank you.
Urgent Appeals Programme
Asian Human Rights Commission
