SRI LANKA: Brutal assault of an innocent man by the Dodangoda police

ASIAN HUMAN RIGHTS COMMISSION - URGENT APPEALS PROGRAMME

Urgent Appeal Case: UA-055-2007
ISSUES: Torture,

Dear friends,

The Asian Human Rights Commission (AHRC) has received yet another brutal assault of an innocent young man by the Sri Lankan police. We were informed that without any reason, Mr. A.A. Priyantha Kumara (27) was allegedly subjected to serious assault by the Dodangoda police at the Madabada junction in Dodangoda, Kalutara district III, Kalutara division, Sri Lanka on 12 February 2007. He was hospitalized for 9 days due to injuries sustained from the assault. Even though he and his mother lodged a complaint to various government authorities including the Human Rights Commission of Sri Lanka, National Police Commission and Inspector General of Police, no action has yet been taken to investigate the case and arrest responsible policemen. We were further informed that the victim and his family members are receiving threats and intimidation by the Dodangoda police who requested them to withdraw the complaint against the policemen.

CASE DETAILS:

On 12 February 2007, Mr. A.A. Priyantha Kumara (27) was returning home from work and had just visited a boutique at the Madabada junction in Dodangoda, Kalutara district III, Kalutara division, Sri Lanka to buy some biscuits. He then saw three policemen from the Dodangoda police station standing in front of the shop. Two were security assistants (home guards) one of whom he recognized as ‘Rukmal’. The third was in police uniform.

The policeman confronted him and asked, “What are you doing?” To which Mr. Kumara replied he was on his way home. The policeman told him to stand up straight and allegedly slapped him soundly on his face and also assaulted him on his head. Mr. Kumara queried as to what he had done wrong and why he was being assaulted. But the officials did not answer but continued to assault him on his head. They shouted at him in filthy language saying, “‘you do not know us… Do not rouse the devil in us”.

Mr. Kumara was still quite unaware of why he was assaulted and afterwards, slowly walked towards Matugama. Luckily three persons acquainted with him named, Manju, Karunathilake and Upul, saw him and after being told about the assault rushed him to the Nagoda Hospital where he was warded in Ward No 5B. Mr. Kumara was warded for 9 days in the hospital and remembers vomiting several times.

At hospital he was examined by the Judicial Medical Officer (JMO), who together with policemen attached to the hospital police post recorded his statement. A policeman named, Gunasekera from the Dodangoda police station also recorded his complaint. Mr. Kumara says this policeman was not wearing a registration number.

On February 17, Mr. Kumara’s mother met the Officer-in-Charge (OIC) of the Dodangoda police station and lodged a compliant which had been reluctantly recorded. But she says, she was forced by the police to sign the statement without being afforded an opportunity to read it or having it read over to her. On February 19, Mr. Kumara’s mother attempted to meet with the Assistant Superintendent of Police (ASP) of Kalutara division regarding the incident but she was unsuccessful.

To date, no action has been taken whatsoever about the complaints made by Mr. Kumara’s mother. Now Mr. Kumara also alleges he has been threatened by the Dodangoda police to withdraw his complaints.

Subsequently, Mr. Kumara has lodged his written complaint to the Human Rights Commission of Sri Lanka, National Police Commission, the Attorney General, Inspector General of Police, Deputy Inspector General of Police-Legal division and Senior Superintendent of Police (Senior Superintendent of Police) of Kalutara division regarding the incident. The victim requested these authorities to take immediate and appropriate legal and disciplinary action against the alleged perpetrators for needlessly assaulting him. He also requested them to take measures to ensure that the harassment and threats meted out to him is stopped immediately. However, he has received no response from any of these authorities so far.

SUGGESTED ACTION:
Please write to the relevant Sri Lankan authorities listed below and demand their urgent intervention into this case. Please demand the proper investigation to be launched immediately and strong action to be taken against the alleged perpetrators. Please also request them to ensure the security of the victim and his family members.

To support this case, please click here: SEND APPEAL LETTER

SAMPLE LETTER

Dear ________,

SRI LANKA: Brutal assault of an innocent man by the Dodangoda police

Name of victim: Mr. A.A. Priyantha Kumara, aged 27, unmarried, bus conductor by occupation. Address of victim: Puwakdola in Sapugahawatte, Dodangoda, Kalutara district III, Kalutara division, Sri Lanka
Alleged perpetrators: 
1. Three policemen attached to the Dodangoda police station; one was recognized as “Rukmal’ by the victim
2. Officer-in-Charge (OIC) of the Dodangoda police station
Date of incident: 12 February 2007 
Place of incident: In front of a boutique at the Madabada junction in Dodangoda, Kalutara district III, Kalutara division

I am appalled to hear yet another brutal assault of an innocent young man by the Sri Lankan police.

According to the information I have received, Mr. A.A. Priyantha Kumara (27) was brutally assaulted by the Dodangoda police at the Madabada junction in Dodangoda, Kalutara district III, Kalutara division, Sri Lanka on 12 February 2007. At that time, he was visiting a boutique at the Madabada junction in Dodangoda to buy some biscuits after his work. According to the victim, without any reason, he was severely assaulted by the three policemen from the Dodangoda police station standing in front of the shop. Two were security assistants (home guards) one of whom he recognized as ‘Rukmal’. The third was in police uniform. I am informed that the victim was immediately taken to the Nagoda Hospital, where he was warded in Ward No 5B for 9 days due to his injuries sustained from the assault.

At hospital he was examined by the Judicial Medical Officer (JMO), who together with policemen attached to the hospital police post recorded his statement. A policeman named, Gunasekera from the Dodangoda police station also recorded his complaint. Mr. Kumara says this policeman was not wearing a registration number.

I am concerned the information that the victim’s mother was allegedly forced to sign in the statement without being afforded an opportunity to read it or having it read over to her, when she went to the Dodangoda police station to lodge the complaint on February 17.

I am also informed that the victim lodged his written complaint to the Human Rights Commission of Sri Lanka, National Police Commission, the Attorney General, Inspector General of Police, Deputy Inspector General of Police-Legal division and Senior Superintendent of Police (Senior Superintendent of Police) of Kalutara division regarding the incident. However, he has received no response from any of these authorities so far. The Dodangoda police have not taken any action about the victim’s mother’s complaint, either.

I am informed that on the contrary, the Dodangoda police allegedly threatening the victim to withdraw his complaints against policemen. As a result, the alleged perpetrators are still at large.

Under the circumstances, I strongly urge you to order an immediate and proper investigation into the alleged brutal assault of the victim by the Dodangoda police. The alleged three policemen should be immediately suspended and indicted on the charges of torture under the CAT Act No. 22 of 1994. I also urge you to take action against the Officer-in-Charge (OIC) of the Dodangoda police, who has failed to fulfill the command responsibility and allegedly attempted to hush up the case. I also request you to take proper measures to provide effective protection to the victim and his family members.   
 
Yours truly,

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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
Email: attorney@sri.lanka.net

2. Mr. Victor Perera
Inspector General of Police 
New Secretariat 
Colombo 1
SRI LANKA 
Fax: +94 11 2 440440/327877
E-mail: igp@police.lk

3. Secretary
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. Secretary
National Police Commission
3rd Floor, Rotunda Towers,
109 Galle Road
Colombo 03
SRI LANKA
Tel: +94 11 2 395971 or 395310 
Fax: +94 11 2 395867
E-mail: npcgen@sltnet.lk

5. Prof. Manfred Nowak
Special Rapporteur on the Question of Torture
OHCHR-UNOG
1211 Geneva 10
SWITZERLAND
Tel: +41 22 917 9230
Fax: +41 22 9179016 (ATTN: SPECIAL RAPPORTEUR TORTURE)

Thank you.

Urgent Appeals Programme
Asian Human Rights Commission (ahrchk@ahrchk.org)

Document Type : Urgent Appeal Case
Document ID : UA-055-2007
Countries : Sri Lanka,
Issues : Torture,