Dear friends,
The Asian Human Rights Commission (AHRC) has received information regarding the unlawful arrest and torture of a farmer by Mathugama police. The man was falsely accused of selling illicit liquor and was tortured during arrest, along with another man, in a vegetable pit filled with leeches. The police have reportedly fabricated charges against him and warned that, should he not plead guilty, the case against him would be fabricated further.
CASE NARRATIVE:
According to information received from the victim, Mr. Anthoni Ayiya Devaraj, 44, father of three, was working in his paddy field when he was approached by two policemen in plain clothes. On the pretext of asking him for directions, they beckoned him over, then handcuffed and arrested him. We are told that he was taken to Sirikadura Watta where the police arrested another man, Mr. Mannikkam Sandana, accusing him of selling arrack (a local liquor) illegally. The police mentioned that they were looking for three other suspects, but then took the two arrested men to Galkanda Watta, to a rural area with a vegetable pit. On the way one policeman broke a branch from a Ginikuru tree.
Arriving at the pit, we are told that the policemen interrogated Mr. Devaraj and Mr. Sandana about a purported liquor business. Devaraj was assaulted with the tree branch by one policeman; he was struck across his hands and buttocks, and his face was then pushed into the leech-infested pit. We are told that by the end of the interrogation both victims had been badly beaten and were covered in leeches; their hands were still cuffed behind their backs. The men were then taken to Matugama Police Station.
At the station we are told that Devaraj was violently slapped across his ear, and told that charges may be fabricated against them for the possession of five barrels of arrack. No food was provided for them that afternoon.
After his wife was able to visit with one of his sons, Devaraj was visited by a friend who worked in the police. The police officers in charge of the case allegedly offered to reduce the fabricated charges from five barrels to two bottles. That night they released Mannikam Sandana without charge.
On 8 June Devaraj was told that to avoid further trouble and more severe charges he should plead guilty in the magistrate’s court. After this a female officer took his signature and finger prints on documents that he was not allowed to read, and he was released on bail.
Devaraj does not know the names of the officers who assaulted him, but is confident that he can identify them. On 9 June he made a written complaint to the Human Rights Commission of Sri Lanka, and to the Inspector General of Police (IGP) and the Senior Superintendent of Police (SSP) of Kalutara. He was called before the court on 10 June and pleaded innocent, after which he was released on surety bail (Rs 100,000). He is waiting for his allegations of torture to be addressed, and has received no assurance so far that they will be.
SUGGESTED ACTION:
Please write to the authorities to draw their attention to the grave abuses being perpetrated by police officers at Matugama police station. The victim’s allegations of torture must be thoroughly and credibly investigated, as must the charges that have been taken against him. Strong legal action must be taken against any officer proven to have been involved in torture, or other such violations.
The AHRC has written a separate letter to the UN special rapporteur on the question of torture, calling for his intervention into this case.
To support this case, please click here: SEND APPEAL LETTER
SAMPLE LETTER
Dear __________,
SRI LANKA: Two men are beaten and tortured with leeches by Matugama police; one faces fabricated charges
Name of victims:
1. Mr. Anthoni Ayiya Devaraj, 44, residing in Sirikadura watta, Badugama, Mathugama
2. Mr. Mannikkam Sandana
Alleged perpetrators: Police officers from Matugama police station
Date of incident: June 7, 2010
Place of incident: Sirikadura Watta, Galkanda Watta and Mathugama Police Station
I am writing to voice my deep concern regarding the unlawful arrest and torture of a farmer by Mathugama police. The man was accused of selling illicit liquor and was tortured during arrest, along with another man, in a vegetable pit filled with leeches. The police have fabricated charges against him and warned that, should he not plead guilty, the charges against him would be increased in severity.
According to information received from the victim, Mr. Anthoni Ayiya Devaraj, 44, father of three, was working in his paddy field when he was approached by two policemen in plain clothes. On the pretext of asking him for directions, they beckoned him over, then handcuffed and arrested him. We are told that he was taken to Sirikadura Watta where the police arrested another man, Mr. Mannikkam Sandana, accusing him of selling arrack (a local liquor) illegally. The police mentioned that they were looking for three other suspects, but then took the two arrested men to Galkanda Watta, to a rural area with a vegetable pit. On the way one policeman broke a branch from a Ginikuru tree.
Arriving at the pit, I am told that the policemen interrogated Mr. Devaraj and Mr. Sandana about a purported liquor business. Devaraj was assaulted with the tree branch by one policeman; he was struck across his hands and buttocks, and his face was then pushed into the leech-infested pit. I understand that by the end of the interrogation both victims had been badly beaten and were covered in leeches; their hands were still cuffed behind their backs. The men were then taken to Matugama Police Station.
At the station I am told that Devaraj was violently slapped across his ear, and informed that charges may be fabricated against them for the possession of five barrels of arrack. No food was provided for them that afternoon. After his wife was able to visit with one of his sons, Devaraj was visited by a friend who worked in the police. The police officers in charge of the case allegedly offered to reduce the fabricated charges from five barrels to two bottles. That night they released Mannikam Sandana without charge.
On 8 June Mr. Devaraj was told that to avoid further trouble and more severe charges he should plead guilty in the magistrate’s court. After this a female officer took his signature and finger prints on documents that he was not allowed to read, and he was released on bail.
Mr. Devaraj does not know the names of the officers who assaulted him, but is confident that he can identify them. On 9 June he made a written complaint to the Human Rights Commission of Sri Lanka, and to the Inspector General of Police (IGP) and the Senior Superintendent of Police (SSP) of Kalutara. He was called before the court on 10 June and pleaded innocent, after which he was released on surety bail (Rs 100,000). He is waiting for his allegations of torture to be addressed, and has received no assurance so far that they will be.
The grave abuses by police officers at Matugama police station must be immediately addressed, and investigations made as to how they were able to take place unchecked. The victim’s allegations of torture must be thoroughly and credibly investigated, as must the charges that have been taken against him. Strong legal action must be taken against any officer proven to have been involved in torture, or other such violations.
Yours sincerely,
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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
Mr. Mohan Peiris
Attorney General
Attorney General’s Department
Colombo 12
SRI LANKA
Fax: +94 11 2 436421
E-mail: ag@attorneygeneral.gov.lk
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
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
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Thank you.
Urgent Appeals Programme
Asian Human Rights Commission (ua@ahrchk.org)
