SRI LANKA: Elderly pedestrian tortured for inability to identify photos of other pedestrians

ASIAN HUMAN RIGHTS COMMISSION - URGENT APPEALS PROGRAMME

Urgent Appeal Case: AHRC-UAC-056-2017
ISSUES: Administration of justice, Arbitrary arrest & detention, Torture,

Dear Friends,

The Asian Human Rights Commission has received information regarding the police torture of a 64-year-old man in Kalutara District. On 24 May 2017, Mr. Dissanayaka was illegally arrested and asked to identify photos of pedestrians at the Vesak celebrations he had attended earlier. When he failed to identify them, he was severely tortured by police officers attached to the Senior Superintendent of Police (SSP) of Panadura. After being released, Mr. Dissanayaka appealed to the Inspector General of Police (IGP), National Police Commission (NPC) and the Sri Lanka Human Rights Commission (HRC) seeking justice. Now he is continuously harassed by the police officers.

Case Narrative:

Mr. Dissanayaka Mudiyanselage Punyasiri Dissanayaka (64) of No: 154/A, Punyananda Mawatha, Dikbedda, Panadura, in Kalutara District, a mason, and his wife went to visit Vesak celebrations in Panadura Town on the night of 13 May 2017. They went walking, and there were thousands of people on the road as it was a very peaceful celebration and Panadura was a predominantly Buddhist area. They returned peacefully and he continued with his life as usual.

Suddenly on May 24 at 8:30 a.m., four police officers attached to the SSP’s Office Panadura approached his house by three-wheeler and requested him to get into the vehicle as they need his service. After he got into the vehicle, he was handcuffed.

At the SSP’s Office, he noted that several officers were in civilian clothes. One of the officers asked him to watch a laptop computer on which there was a series of photographs recorded by a closed-circuit television (CCTV) camera. Dissanayaka was able to identify his and his wife’s photos. Then the officers questioned him about the other photos. Dssanayaka could not identify others however, and he explained to the officers that due to the Vesak celebrations, there were thousands of people on the road, so he could not identify each of them.

Then the officer got angry with him and brought him to a room next to the office. He noticed it was an officers’ quarters as he observed beds and police uniforms and clothes hung around the room. The officer ordered him to remove his clothes. Then he crumpled his neck by holding his head. Thereafter his head and neck were assaulted with fists. Then he was handcuffed again and chained to the wall. Dissanayaka pleaded with the officer not to torture him as he is very old and has never committed any crime. He was chained for more than 30 minutes.

Later he was brought to another location inside the police compound, and questioned on his personal particulars, which were recorded. Then one officer kept a pistol on the table and Dissanayaka was ordered to keep his fingers on that. Due to the fear, he did it. Then he was asked to sign a document which was not explained or read to him. In pain and fear, he followed their order.

Later, a senior officer came to him and warned him not to reveal to anyone that he was ever arrested or tortured by the police. The officer prepared a statement for that purpose and ordered him to sign it. Dissanayaka did so. Then he was brought home on a motorbike by the police officer.

After coming home, the victim appealed in writing to the Inspector General of Police (IGP), National Police Commission (NPC) and the Sri Lanka Human Rights Commission (HRC) seeking justice. Now he is continuously harassed by the police officers.

Suggested Action:

Please send letters to the authorities listed below expressing your concern about this case. Request an immediate investigation into the allegations of illegal arrest, detention and torture by the Police. Those proven to be responsible under criminal law for misusing the powers of the State should be prosecuted. All officers involved must be scrutinized by an internal investigation for breach of Police Departmental Orders. Finally, please appeal to the National Police Commissioner and the Inspector General of Police for a special investigation into the malpractice of police officers who abuse their powers.

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

SAMPLE LETTER

Dear ________,

SRI LANKA: Elderly pedestrian tortured for inability to identify photos of other pedestrians
Name of Victims: Mr. Dissanayaka Mudiyanselage Punyasiri Dissanayaka (64) of No: 154/A, Punyananda Mawatha, Dikbedda, Panadura, in Kalutara District
Alleged perpetrators:

1) The SSP Panadura 
2) Officers attached to the Office of SSP Panadura

Date of incident: 24 May 2017
Place of incident: Panadura Police Division

According to the information I have Mr. Dissanayaka Mudiyanselage Punyasiri Dissanayaka (64) of No: 154/A, Punyananda Mawatha, Dikbedda, Panadura, in Kalutara District, a mason, and his wife went to visit Vesak celebrations in Panadura Town on the night of 13 May 2017. They went walking, and there were thousands of people on the road as it was a very peaceful celebration and Panadura was a predominantly Buddhist area. They returned peacefully and he continued with his life as usual.

Suddenly on May 24 at 8:30 a.m., four police officers attached to the SSP’s Office Panadura approached his house by three-wheeler and requested him to get into the vehicle as they need his service. After he got into the vehicle, he was handcuffed.

At the SSP’s Office, he noted that several officers were in civilian clothes. One of the officers asked him to watch a laptop computer on which there was a series of photographs recorded by a closed-circuit television (CCTV) camera. Dissanayaka was able to identify his and his wife’s photos. Then the officers questioned him about the other photos. Dssanayaka could not identify others however, and he explained to the officers that due to the Vesak celebrations, there were thousands of people on the road, so he could not identify each of them.

Then the officer got angry with him and brought him to a room next to the office. He noticed it was an officers’ quarters as he observed beds and police uniforms and clothes hung around the room. The officer ordered him to remove his clothes. Then he crumpled his neck by holding his head. Thereafter his head and neck were assaulted with fists. Then he was handcuffed again and chained to the wall. Dissanayaka pleaded with the officer not to torture him as he is very old and has never committed any crime. He was chained for more than 30 minutes.

Later he was brought to another location inside the police compound, and questioned on his personal particulars, which were recorded. Then one officer kept a pistol on the table and Dissanayaka was ordered to keep his fingers on that. Due to the fear, he did it. Then he was asked to sign a document which was not explained or read to him. In pain and fear, he followed their order.

Later, a senior officer came to him and warned him not to reveal to anyone that he was ever arrested or tortured by the police. The officer prepared a statement for that purpose and ordered him to sign it. Dissanayaka did so. Then he was brought home on a motorbike by the police officer.

After coming home, the victim appealed in writing to the Inspector General of Police (IGP), National Police Commission (NPC) and the Sri Lanka Human Rights Commission (HRC) seeking justice. Now he is continuously harassed by the police officers.

I request the intervention of your good offices. Please ensure that an immediate investigation is opened into the allegations of violations of fundamental rights of the victim by officers of the Sri Lankan Police Department. All officers involved should be subject to an internal investigation for breach of Police Departmental Orders.

Yours sincerely,

——————— 
PLEASE SEND YOUR LETTERS TO:

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

2. Mr. Jayantha Jayasooriya PC 
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 
Human Rights Commission 
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

Thank you.

Urgent Appeals Programme
Asian Human Rights Commission (ua@ahrc.asia)

Document Type : Urgent Appeal Case
Document ID : AHRC-UAC-056-2017
Countries : Sri Lanka,
Issues : Administration of justice, Arbitrary arrest & detention, Torture,