Dear friends,
The Asian Human Rights Commission (AHRC) has received updated information regarding the harassment to torture victim, Sameera Harischandra and his family by the Nochichiyagama police (see further: UA-116-2006).
On 12 March 2006, an argument ensued between the victim, Sameera Harischandra and friends and four persons who were posing as cattle traders. After some time the four persons brutally assaulted the victim, resulting in a fractured leg. The perpetrators then dragged him by his leg and threw him into their truck. But oblivious to the injuries the victim had suffered the perpetrators continued to beat him and threatened to throw his body on a pile of burning tyres. After that the perpetrators took the victim to the Nochchiyagama police station. Onlookers noticed that one of the four perpetrators was in fact a serving policeman.
Upon hearing of this incident, the victims brothers, Lusantha Harischandra and Edward Harischandra complained about the victims assault to the police, but several policemen pounced on them and assaulted them with their fists and boots. Moreover, the police arrested and detained them. Soon after and following considerable protests by the local villagers, the police took the victim to hospital after which he was hospitalised for more than a week at the Nochchiyagama and Anuradhapura hospitals. On the same night, three of the four perpetrators were placed into the police holding cell but the following morning, the perpetrators were released while the brothers had to pay Rs. 20,000 for their release later that day. The police forced the brothers to settle the case of causing grievous injuries to the victim by accepting Rs. 7,000 from the perpetrators. The brothers further say that while in police custody they observed the close relationship between the police and the three suspects. Their father complained about the incident to the Assistant Superintendent of Police in Anuradhapura. The victim is still receiving treatment for his injuries at a local ayurvedhic hospital.
The victim and his family have now complained that they are constantly being harassed and coerced by the police to withdraw their complaint against the police and the perpetrators and enter into a settlement. These messages have been conveyed to the family directly by the police as well as others acting on behalf of the police. In the latest message, they were asked to visit the Nochchiyagama police station on April 17 to enter into a settlement. The family says that though no specific amount was mentioned it was intimated to them that the matter could be settled by payment of money.
An inquiry should be conducted into the alleged conduct of the policemen under the provisions of the Convention Against Torture (CAT) Act no. 22 of 1994, which states a minimum seven years sentence for torture conviction.
SUGGESTED ACTION:
Please write to the relevant authorities listed below and urge them to take immediate action to prevent further harassment by the Nochchiyagama police. Speedy action must be taken to investigate the serious allegations. The alleged perpetrators should be suspended or transferred from their service while the investigation is going on and protection should be provided to the victim and his family. Full and adequate compensation should also be given to the victim and his family for the injuries and trauma they have suffered.
To support this case, please click here: SEND APPEAL LETTER
SAMPLE LETTER
Dear _________,
SRI LANKA: Torture victim and his family harassed to enter settlement by the Nochichiyagama police
Name of victim: Sameera Harischandra; address: Rajanganaya, Maragahawewa
Name of alleged perpetrators: Policemen attached to the Nochchiyagama police station
Date of incident: 12 March 2006
I write to you with deep concern regarding the conduct of policemen attached to the Nochchiyagama police station.
According to the information I have received, on 12 March 2006, Mr. Harischandra was brutally assaulted by four persons, including a policemen, believing to be cattle thieves. These perpetrators later sought refuge in the Nochchiyagama police station. The victims brothers were later detained by the police and forced to pay Rs. 20,000 to the police as well as settle the matter with the perpetrators. As a result of the torture the victim was hospitalised for more than a week at the Nochchiyagama and Anuradhapura hospitals.
The brothers further say that while in police custody they observed the close relationship between the police and the three suspects. Their father complained about the incident to the Assistant Superintendent of Police in Anuradhapura. The victim is still receiving treatment for his injuries at a local ayurvedhic hospital.
The victim and his family have now complained that they are constantly being harassed and coerced by the police to withdraw their complaint against the police and the perpetrators and enter into a settlement. These messages have been conveyed to the family directly by the police as well as others acting on behalf of the police. In the latest message, they were asked to visit the Nochchiyagama police station on April 17 to enter into a settlement. The family says that though no specific amount was mentioned it was intimated to them that the matter could be settled by payment of money.
Owing to this, I am asking for your intervention into this matter to prevent further harassment by the Nochchiyagama police. I ask you to suspend or transfer the alleged policemen from their service while the investigation is going on. Protection should be ensured to the victim and his family if requested and adequate compensation should be given to the victim and his family for the injuries and trauma they have suffered.
Lastly, if the allegations are found to be true, I ask you to punish the alleged perpetrators under the provisions of the CAT Act No 22 of 1994, which states a minimum seven years sentence for torture conviction.
I trust your intervention will be forthcoming in this matter.
Yours sincerely,
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PLEASE SEND YOUR LETTERS TO:
1. Mr. K. C. Kamalasabesan
Attorney General
Attorney General's Department
Colombo 12
SRI LANKA
Fax: +94 11 2 436421
2. Mr. Chandra Fernando
Inspector General of Police (IGP)
New Secretariat
Colombo 1
SRI LANKA
Fax: +94 11 2 440440/327877
3. Human Rights Commission of Sri Lanka
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
4. Mr. J Thangawelu
DIG Legal
Police Headquarters
Colombo 1
SRI LANKA
Fax: 94 11 2381 394
Email: legaldiv@police.lk
5. 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: polcom@sltnet.lk
6. 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
7. 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 Appeal Programme
Asian Human Rights Commission (ahrchk@ahrchk.org)
