Dear friends,
The Asian Human Rights Commission (AHRC) has learned of a case in Sri Lanka involving a policeman and a home guard arriving at the home of a family in an inebriated state. They then accused the family of theft and proceeded to search for the alleged stolen goods. However, the family explained that they had not stolen anything and therefore whatever the policeman was looking for would not be there. The policeman then began beating individual members of the family, including the mother and sister. Fearing that the policeman might shoot them, the family managed to confiscate the policemans gun and throw it away. However, police backup soon arrived at the scene and all family members were taken into custody. When they were finally released the entire family required medical attention.
On 3 May 2006, at about 8pm, a policeman named (PC) Sylvester who is attached to the Saliyawewa police station and operational at the Neelabemma zone (providing security against possible terrorist attacks as this area is one of the border villagers) and a home guard named Kumaratunga, visited the home of Mr. Chamaras parents. Mr. Chamara says they were thoroughly drunk and smelling of liquor. Present at the time was Mr. Chamara, his father, mother, brothers and sister. The policeman shouted at his mother, Where are the goods? The mother asked, What goods? They then said that they would find what they had came for and went outside searching around the house using their torch lights. They returned to the inside of the house and continued their search. They accused the family members of illegally possessing timber and demanded to know where the timber was. PC Sylvester then raised his T-56 weapon and hit the mother hard on her head. He then brutally hit Mr. Chamara and his brother Mr. Tissa Kumara on their head, face and body. He also kicked Mr. Chamaras 18-year-old sister, grabbed her arm and pulled her outside the house.
Seeing his daughter being dragged by the policeman the father followed him, but was soon struck heavily by the policeman using his T-56 weapon. Unable to watch their father being hit, Mr. Chamara and his two brothers rushed and attempted to save him from the attack. The policeman then let go of the sister and began attacking the brothers. The home guard also joined in hitting out with a club. Mr. Chamara says they were afraid that the policeman would shoot them so they grabbed the gun and threw it away. They then tied the drunk policeman to a nearby light post and prepared to take the injured to hospital when other policemen and home guards arrived at the scene.
They called for a three wheel cab and sent the injured father, mother, brothers and sister to the police station. They sent Mr. Chamara to the Saliyawewa police with another person. Mr. Chamaras familys attempt to lodge a complaint was denied. Meanwhile, PC Sylvester also arrived at the police station. The second in command at the station asked PC Sylvester why he did not shoot. Thereafter they were allowed to go to the hospital, from where the mother, brother, sister and Mr. Chamara were transferred to the Anuradhapura hospital. Mr. Chamara and one brother were discharged from hospital after four days. But the mother, sister, and other brother continued to be treated at the hospital. On May 5 the father was arrested by the Saliyawewa police but released the following day.
Meanwhile several policeman visited the homes of Mr Chamaras parents and brothers and removed many possessions, including door and window frames, a multi-purpose wood machine, TV stand, a writing table, a bicycle, and jewellery. Mr. Chamara and his family suspect that this was done with the intention of fabricating charges against them.
According to Mr. Chamara, about three weeks before the incident PC Sylvester and another home guard had visited Mr. Chamaras home and pointed at some timber in his house and threatened him saying, we will arrest you (for possessing illegal timber) unless you come to the police this evening with a bottle of Arrack (local liquor) and 3000 rupees. Mr. Chamara agreed but did not oblige. He strongly believes that this sudden visit and assault by the police was in revenge for not paying this bribe.
SUGGESTED ACTION:
Please write to the relevant authorities listed below seeking their intervention in bringing justice to this case. Full legal action must be taken against those deemed responsible for this brutal assault on Mr. Chamara and his family and protection and compensation should be afforded.
To support this case, please click here: SEND APPEAL LETTER
SAMPLE LETTER
Dear ______________,
SRI LANKA: Failure to pay bribe leads to family being assaulted by the Saliyawewa police
Name of victims: H.D. Chaminda Ruwan Chamara, 22 years, married with two children. Occupation: farmer. Address: Neelabemma Agricultural Scheme, Saliyawewa; and his family
Name of alleged perpetrators: Policeman including PC Sylvester belonging to the Saliyawewa police station
Date of incident: 3 May 2006
I am writing to bring to your attention a case involving the misconduct of a policeman who apparently tried to fabricate a case against a man and his family after they failed to pay a bribe that was directed at them three weeks earlier.
According to the information I have received, on 3 May 2006, a policeman named (PC) Sylvester who is attached to the Saliyawewa police station and operational at the Neelabemma zone (providing security against possible terrorist attacks as this area is one of the border villagers) and a home guard named Kumaratunga, visited the home of Mr. Chamaras parents. Mr. Chamara says they were thoroughly drunk and smelling of liquor. Present at the time was Mr Chamara, his father, mother, brothers and sister. The policeman accused the family members of illegally possessing timber and demanded to know where the timber was. PC Sylvester then used his T-56 weapon to assault Mr. Chamara, his mother and brother. He also kicked Mr. Chamaras 18-year-old sister, grabbed her arm and pulled her outside the house.
Seeing his daughter being dragged by the policeman the father followed him, but was soon struck heavily by the policeman. Unable to watch their father being hit, Mr. Chamara and his two brothers rushed and attempted to save him from the attack. The policeman then let go of the sister and began attacking the brothers. The home guard also joined in hitting out with a club. Mr. Chamara says they were afraid that the policeman would shoot them so they grabbed the gun and threw it away. They then tied the drunk policeman to a nearby light post and prepared to take the injured to hospital. However, other policemen and home guards soon arrived at the scene and prevented them from doing so.
The police called for a three wheel cab and sent the injured father, mother, brothers and sister to the police station. They sent Mr. Chamara to the Saliyawewa police. Mr. Chamaras familys attempt to lodge a complaint was denied. Meanwhile, PC Sylvester also arrived at the police station. The second in command at the station asked PC Sylvester why he did not shoot. Thereafter the family was allowed to go to the hospital, from where the mother, sister, brother and Mr. Chamara were transferred to the Anuradhapura hospital. Mr. Chamara and one brother were discharged from hospital after four days. But the mother, sister and other brother continued to be treated at the hospital. On May 5 the father was arrested by the Saliyawewa police but released the following day.
Meanwhile several policeman visited the homes of Mr Chamaras parents and brothers and removed many possessions, including door and window frames, a multi-purpose wood machine, TV stand, a writing table, a bicycle, and jewellery. Mr. Chamara and his family suspect that this was done with the intention of fabricating charges against them.
According to Mr. Chamara, about three weeks before the incident PC Sylvester and another home guard visited Mr. Chamaras home and pointed at some timber in his house and threatened him saying, we will arrest you (for possessing illegal timber) unless you come to the police this evening with a bottle of Arrack (local liquor) and 3000 rupees. Mr. Chamara agreed but did not oblige. He strongly believes that this sudden visit and assault by the police was in revenge for not paying this bribe.
In light of this, we ask that a full and independent investigation be launched into this incident. If the allegations of torture and bribery are found to be true, then full legal action must be taken against those deemed responsible. During this process, full protection must be provided to Mr. Chamara and his family. Their medical expenses should also be covered and compensation be provided.
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. Piyasena Ranasinghe
Director General
Commission to Investigate Allegations of Bribery or Corruption
36, Malalasekera Mawatha
Colombo 07
SRI LANKA
Tel: +94 11 2 586 851
Fax: +94 11 2 595 045
8. 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
9. Ms Leila Zerrougui
Chairperson
Working Group on Arbitrary Detention
Attn: Mr Miguel de la Lama
OHCHR-UNOG
1211 Geneva 10
SWITZERLAND
Fax: +41 22 917 9006 (ATTENTION: WORKING GROUP ARBITRARY DETENTION)
Email: mdelalama@ohchr.org
Thank you.
Urgent Appeals Programme
Asian Human Rights Commission (ahrchk@ahrchk.org)
