SRI LANKA: Assault on a female police constable by an Inspector of Police of the Matugama police station 

SAMPLE LETTER

Dear __________,

SRI LANKA: Assault on a female police constable by an Inspector of Police of the Matugama police station

Name of victim: Police Constable Sunethra Koswatte (WPC No 3134), 35, attached to the Matugama police station. 
Name of alleged perpetrators: Inspector of Police Kasturiarachchi and the Officer-in-Charge of Administration of the Matugama Police Station
Date of incident: 11 January 2006
Place of incident: Matugama Police Station

I write to voice my concern for a Sri Lankan police constable who was assaulted by an Inspector of Police at the Matugama Police Station.  I am requesting that you intervene in this case and to ensure that the practice of assault does not continue in Sri Lanka.

According to the information given to me, Sunethra Koswatte (WPC No 3134) has been a police constable since 1996 and began work at the Matugama police station on the 12 May 2004. On 11 January 2006 at around 7.50am Sunethra Koswatte was on duty at the Matugama police station. In the course of her work, she had occasion to visit the police reserve to look for the Crimes Information Book (CIB). Sunethra Koswatte noticed the OIC-administration, Inspector of Police Kasturiarachchi was intimately talking with the telephone operator, WPC, Ajantha. According to Sunethra Koswatte the Inspector of Police had been annoyed at her intrusion. He raised his voice and asked, “Why have you taken over this duty?” Sunethra Koswatte answered, “This is my duty that Ajantha had taken over”.  Her reply infuriated the Inspector of Police who shouted filthy language at Sunethra Koswatte and told her to shut up. The Inspector of Police then walked up to Sunethra Koswatte threateningly, wrapped his fingers tightly around her neck and with his other hand slapped her hard on her face and ears. He then violently shoved Sunethra Koswatte backwards and threw her against a wall.

Sunethra Koswatte then went to complain to the station-OIC but he was not present at the station. She therefore sent a message to his official residence. The station-OIC replied to Sunethra Koswatte to remain at the Mataguma station, until his return. When the OIC returned, Sunethra Koswatte complained about the Inspector of Police Kasturiarachchi’s assault on her. The OIC then told Sunethra Koswatte to wait until the Assistance Superintendent of Police came to the Mataguma station. At around 11am the Assistance Superintendent of Police arrived. Sunethra Koswatte again complained about the assault to the Assistance Superintendent of Police. The Assistance Superintendent of Police advised Sunethra Koswatte to go to the hospital. At 11.45am Sunethra Koswatte made an entry in the station log book that she was going to the hospital. At this time Sunethra Koswatte’s husband arrived at the police station and together they went to the Pimbura Government Hospital where Sunethra Koswatte received treatment. Sunethra Koswatte also told the hospital authorities about her assault at the hands of the Inspector of Police.

On January 12 Sunethra Koswatte was taken by ambulance to the Nagoda General Hospital where she once again, complained about the assault. On January 13 the OIC-Bulathsinhala police station obtained Sunethra Koswatte’s written statement. Sunethra Koswatte also complained to the JMO who examined her.

On January 14 Sunethra Koswatte was discharged from hospital. Sunethra Koswatte was granted 10 days of medical leave. During this time Sunethra Koswatte was also directed to the clinic and ordered to wear a neck collar for injuries caused to her. Sunethra Koswatte now reports that she has been penalised for complaining against the perpetrator, as she has been transferred to the Bulathsinhala police station. To date, no disciplinary or other action has been instituted against the said perpetrator.

In light of this, I write to you asking for your intervention in this case, as Sunethra Koswatte’s fundamental right to freedom from torture, cruel, inhuman and degrading treatment specified under the Constitution has been violated by the Inspector of Police. I ask that the IGP direct the Special Investigations Unit to urgently conduct a full investigation into this disgraceful incident. The perpetrator should be indicted under the Prevention of Torture Act, Act No 22 of 1994 and if found guilty, face full legal action. In addition the Human Rights Commission should launch an inquiry into the matter and if necessary order the victim to receive compensation for her injuries.

Meanwhile, the National Police Commission must institute immediate disciplinary and legal action against those that have violated the rights of this victim, including necessary steps to suspend relevant persons from holding their present posts. Finally, I ask that you instruct all police personnel to refrain from violating the fundamental right to freedom from torture, cruel, inhuman and degrading treatment guaranteed by the Constitution, and to stop all attempts to weaken the rule of law.

I look forward to your intervention.

Yours sincerely,

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

PLEASE SEND A LETTER 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

Thank you.

Urgent Appeals Programme 
Asian Human Rights Commission