Mr. Sarath Kumara Naitos, aged 38 years, was arrested on 5 July 2008 around 12.30pm while he was working at Kesalwatta in a house, in Panadura, Sri Lanka. The arrest was carried out by the officers from Moratuwa Police Station. The officers who came in a three wheeler, at the moment of arrest itself beat up Sarath. The place from where Sarath was arrested is under the jurisdiction of Panadura South (Kesalwatha) Police Station, which is outside the jurisdiction of the Moratuwa police. However, the arresting officers were from the Moratuwa police and Sarath is kept at the Moratuwa Police Station. Sarath is detained at the Moratuwa Police Station since the arrest. Sarath is married, living with his wife and child and a mason by profession.
The allegation against Sarath is of theft, which he has denied. Sarath is being asked to return some articles which the police accuse that Sarath has stolen. Sarath is unable to return the articles the police demand since he says he is not responsible for any theft. Representations have been made to the Moratuwa police and to other superior police officers. However Sarath has neither been produced before the court nor has been released.
Due to repeated assaults Sarath has lost controls of his bowl movements. Sarath is now in a serious physical condition, where he could die from his injuries at any moment.
Assaults on persons on charges of petty theft and similar allegations are very frequent in police custody in Sri Lanka. On some occasions detainees have died in police custody due to torture. Many have also suffered serious injuries such as renal failure and brain damage. Moratuwa Police Station itself has a bad reputation of many such assaults in the past. Mr. Ramson Peris died due to the injuries suffered at this police station in the recent past.
Despite this case being reported to the Assistant Superintendent of Police (ASP) Moratuwa, no enquiry or any action for the protection of Sarath has taken place as yet.
The Asian Human Rights Commission (AHRC) has urged the authorities in Sri Lanka to immediately intervene to stop the torture of this person and to produce him before the Magistrate immediately if there are any charges. If there are no charges Sarath should be released forthwith so that he will be able to get the necessary medical attention. The AHRC further urges to cause an inquiry into the allegations of torture, illegal arrest and detention. The AHRC further highlights the need for intervention to save Sarath’s life.
