Dear friends,
The Asian Human Rights Commission (AHRC) has received information a regarding a twenty-eight-years old man’s body was dumped in a river by the Chunnakan police on 26 November 2011. Previously, the Jaffna police arrested the victim, who was identified as Sri Skandaraja Sumanan, and handed over to the Chunnakan police. The Sri Lankan authorities have not initiated a credible investigation into the matter due to their culture of impunity to the perpetrators of the State agents.
CASE NARRATIVE:
Sri Skandaraja Sumanan, a twenty eight year old man, was taken into custody by two plain clothed persons, who identified themselves as officers from the Police Intelligence Services. He was taken into custody at the junction of Punnaly Kattuwan, in front of a barber shop. He sat between the two officers on their motorcycle and was taken to the Jaffna Police Station.
Friends who heard about the incident went to the Jaffna Police Station to see him but they were told that he had been transferred to Chunnakan Police Station. When the friends and relatives went to that police station they could not find him.
Later, one of Sumanan’s relatives and his twenty-seven-year old brother were told by the police that Sumanan was dead and asked the relatives to go to Kilinochchi and identify the body. The police have stated that they found the body in a canal and that it was sent to the Polonnaruwa District Hospital for post mortem examination. The examination was held on 26 November 2011 and the burial was held on 27 November. At the post mortem about 40 injury marks were found and the relatives are of the view that the injuries were caused by torture in police custody.
The police version is that Sumanan fled from police custody and had fallen into the canal where he drowned. The police also stated that Sumanan was wanted for several robberies in the area. This allegation of Sumanan’s involvement in robbery has been denied by the relatives. According to the relatives he was a patient receiving treatment from the psychiatric ward at Monthai, Point Pedro.
The relatives state that Sumanan had been tortured at the police station and his body was thrown into the canal by the police.
ADDITIONAL INFORMATION:
Similar stories relating to custodial deaths are often heard in Sri Lanka. The police always claim that the death was due to persons falling in rivers or waterways while escaping from custody. Or the police claim that they had to shoot the detained person because he tried to snatch some weapons and attack them. It is now cynical jokes, popularly told in Sri Lanka, that people who are taken into custody often die in this manner.
Despite of repeated calls on the government by various groups in Sri Lanka and also from the international community the Sri Lankan government continues to ignore calls for proper inquiries and for the imposing of discipline in the police service.
At the 47th Session of the Committee against Torture in their concluding observations the committee made the following recommendation to the government of Sri Lanka:
The Committee urges the State party to investigate promptly, thoroughly and impartially all deaths of detainees assessing any possible liability of law enforcement officers and prison personnel, and provide, where appropriate punishment of the perpetrators and compensation to the families of the victims.
The State party should provide comprehensive data regarding reported cases of deaths in custody, disaggregated by location of detention, sex, age, ethnicity of the deceased and cause of death.
SUGGESTED ACTION:
The Asian Human Rights Commission urges a thorough investigation into the death of Sri Skandaraja Sumanan to be conducted by a Special Investigation Unit of the Criminal Investigation Division. Further the AHRC urges the government to heed the recommendation by the CAT Committee cited above and to take appropriate action to implement these recommendations. Please write to the authorities of Sri Lanka asking them prosecute the perpetrators for the extrajudicial murder.
Please note that the Asian Human Rights Commission has written letter to UN Special Rapporteurs on Extrajudicial or Summery Execution and on Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment calling for their interventions into this matter.
To support this case, please click here: SEND APPEAL LETTER
SAMPLE LETTER
Dear ___________,
SRI LANKA: Dumping body of a custodial death victim in river by the Chunnakan police must be investigated
Name of victim: Skandaraja Sumanan, aged 28, a resident of Chunnakan, Jaffna
Alleged perpetrator:
1. Officers attached to the Chunnakan Police Station
2. Officers attached to the Jaffna Police Station
Date of incident: 26 November 2011
Place of incident: Chunnakan police station
Sri Skandaraja Sumanan, a twenty eight year old man, was taken into custody by two plain clothed persons, who identified themselves as officers from the Police Intelligence Services. He was taken into custody at the junction of Punnaly Kattuwan, in front of a barber shop. He sat between the two officers on their motorcycle and was taken to the Jaffna Police Station.
Friends who heard about the incident went to the Jaffna Police Station to see him but they were told that he had been transferred to Chunnakan Police Station. When they went to that police station they could not find him.
Later one of his relatives and the twenty seven year old brother of Sri Skandaraja Sumanan were told by the police that Sumanan was dead and to come to Kilinochchi and identify the body. The police have stated that they found the body in a canal and that it was sent to the Polonnaruwa District Hospital for post mortem examination. The examination was held on 26 November 2011 and the burial was held on 27 November. At the post mortem about 40 injury marks were found and the relatives are of the view that they were caused by torture in police custody.
The police version is that Sumanan fled from police custody and had fallen into the canal where he drowned. The police also stated that Sumanan was wanted for several robberies in the area. This has been denied by the relatives. According to the relatives he was a patient taking treatment from the psychiatric ward at Monthai, Point Pedro.
The relatives state that he had been tortured at the police station and his body was thrown into the canal by the police.
I am aware that similar stories relating to custodial deaths are often heard in Sri Lanka. The police always claim that the death was due to persons falling in rivers or waterways while escaping from custody. Or the police claim that they had to shoot the detained person because he tried to snatch some weapons and attack them. It is now cynical jokes, popularly told in Sri Lanka that people who are taken into custody often die in this manner.
Despite of repeated calls on the government by various groups in Sri Lanka and also from the international community the Sri Lankan government continues to ignore calls for proper inquiries and for the imposing of discipline in the police service.
I am aware that at the 47th Session of the Committee against Torture in their concluding observations the committee made the following recommendation to the government of Sri Lanka:
“The Committee urges the State party to investigate promptly, thoroughly and impartially all deaths of detainees assessing any possible liability of law enforcement officers and prison personnel, and provide, where appropriate punishment of the perpetrators and compensation to the families of the victims.
The State party should provide comprehensive data regarding reported cases of deaths in custody, disaggregated by location of detention, sex, age, ethnicity of the deceased and cause of death.”
I urge a thorough investigation into the death of Sri Skandaraja Sumanan to be conducted by a Special Investigation Unit of the Criminal Investigation Division. Further, I urge the government to heed the recommendation by the CAT Committee cited above and to take appropriate action to implement these recommendations.
Yours sincerely,
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PLEASE SEND YOUR LETTERS TO:
1. Mr. N K Illangakoon
Inspector General of Police
New Secretariat
Colombo 1
SRI LANKA
Fax: +94 11 2 440440 / 327877
E-mail: igp@police.lk
2. Ms. Eva Wanasundara
Attorney General
Attorney General’s Department
Colombo 12
SRI LANKA
Fax: +94 11 2 436421
E-mail: ag@attorneygeneral.gov.lk
3. 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
4. Secretary
Sri Lanka Human Rights Commission
No. 108
Barnes Place
Colombo 07
SRI LANKA
Tel: +9411 2694925, +9411 2685980, +9411 2685981
Fax: +9411 2694924 (General) +94112696470 +94112696470 (Chairman)
E-mail: sechrc@sltnet.lk
Thank you.
Urgent Appeals Programme
Asian Human Rights Commission (ua@ahrc.asia)
