SRI LANKA: Ongoing torture of a young man while being illegally detained by the Meegahathenna police 

Dear friends,

The Asian Human Rights Commission (AHRC) calls for your urgent intervention to support a young man named Amitha Deepthi Kumara who is currently in illegal police custody and receives continued torture at the Meegahathenna Police Station in Sri Lanka. The police arrested him on the allegation of his involvement in a case of theft on 28 June 2006. However, the process of the arrest was illegal and the police have kept the victim in illegal police custody for six days since his arrest (i.e. 28 June to July 4) even though a person arrested must be produced before a magistrate court within 24 hours after the arrest. The victim’s family reported the incident to various governmental authorities including the Human Rights Commission of Sri Lanka but up to now there has yet to be any action taken to release the victim from the police custody or arrest the perpetrators.

At around 8:30am on 28 June 2006, Amitha Deepthi Kumara (22) was arrested by the Meegahathenna police along with his friend while they were walking along the road. The police did not show any arrest warrant during the process of the arrest. The two men were then taken to the Meegahathenna Police Station where they were brutally assaulted by the police. The police accused Mr. Kumara of involvement in a case of theft. After being informed her son’s arrest, Mr. Kumara’s mother went to see her son on the next day (June 29) but the police did not allow her to meet him. However, she did learn about the brutal police torture of her son. The mother then informed the Human Rights Commission (HRC) of Sri Lanka via telephone and fax regarding her son’s illegal arrest and torture on the same day.

On June 30, a local human rights group called Janasansadaya also reported this incident to the HRC via fax about the continued torture of Mr. Kumara. However, Mr. Kumara remains in the police custody and has continued to be tortured by the police until now. According to Sri Lankan law, a person arrested should be produced before the magistrate court within 24 hours after his/her arrest. The Meegahathenna police have not brought the victim to the magistrate court for 6 days since his arrest (i.e. 28 June to July 4) and are detaining him illegally. It seems that the ‘torture hotline’ of the HRC is totally ineffective and/or the police completely disregard the Commissioners.  The commissioners of Sri Lanka’s Human Rights Commission have been chosen directly by the Executive President, bypassing a constitutional provision which prohibits such a choice, even though the Constitution of Sri Lanka requires the selection of commissioners to be done by the Constitutional Council, on the basis of merit. Since then, the HRC has lost its independence and competence and become defective to protect the people’s rights.

Meanwhile, Janasansadaya further brought this case to the notice of the Inspector General of Police (IGP), the National Police Commission (NPC), Deputy Inspector General – Legal Division, Senior Superintendent of Police (SSP) of Kalutara and Attorney General by sending the letters both by fax and postal mail. All these institutions were urged to take immediate steps to secure the release of Mr. Kumara or have him produced before the courts without delay.

SUGGESTED ACTION:
Please write letters to the persons listed below and urge them to immediately take action to release the victim from illegal police detention. Please also urge them to order a prompt and impartial investigation into this case and arrest/prosecute those responsible.

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