Dear friends,
The Asian Human Rights Commission (AHRC) has received information about the alleged arbitrary arrest, brutal assault and fabrication of charges against three men from Panadura by the police on 24 March 2007. The victims were arrested by six police officers who failed to produce warrants or gave any explanation for the arrest. The victims has lodged their complaints to various government authorities but have not received response from any of them.
CASE DETAILS:
According to the information we have received, at around 7:00pm on 24 March 2007, Mr. Wannakuwatta Waduge Tharaka Aruna Shantha Kumara, Mr. Dombagaha Pathirage Jayalath Kumara and Mr. Baminiyahandige Wasantha Barathi Peris were arrested by police officers of the Panadura North Police Station near the Keselwatte mosque. The police officers, some of whom were in uniform and others who were in civilian clothes, did not produce any arrest warrants or other valid documentation before the arrest. The police also failed to offer any explanation as to why the three workers were being arrested. It has been reported that the victims were violently hit and kicked about their heads, faces and stomachs during the arrest.
The three victims were then taken to a jeep and brought to the Panadura North Police Station. Once again the victims were brutally assaulted at the police station by the Officer-in-Charge (OIC) Mr. Prasana and another officer called Lalith. Due to brutal assault, one of the victims, Mr. B.W.B. Peris suffered several broken teeth.
The victims were then sent to the Panadura Hospital on the same day. However only Mr. W.W.T.A. Shantha Kumara out of the three victims was examined by a female doctor, who then asked the victims to sign a blank paper. When Mr. B.W. Barathi Peris refused to do so, the doctor wrote down something on the blank paper and gave it back to him. However, the police officer present there immediately took the paper before he signed it and allegedly assaulted him in front of the doctor. There Mr. D.P. Jayalath Kumara was intimidated by two police officers (whose police ID are 35188 and 63974) that he would be charged with either illegal possession of drugs or bombings.
After that, the three victims were all admitted to the ward No. 1 of the Panadura Hospital and their hands were cuffed to the beds. On March 25, when the magistrate examined them at the hospital the three victims told the magistrate that they had been tortured by the Panadura North police. However, the magistrate ordered them remanded in police custody at the hospital. The victims also reported the incident to the Judicial Medical Officer (JMO), when the officer examined them on March 26. However, it is unknown whether either the magistrate or the JMO recorded the victims statements.
On March 26, Mr. W.W.T.A. Shantha Kumara was transferred to the remand prison in Kalutara. The other two victims were brought to the Panadura Magistrates Court who ordered both men remanded at the Kalutara remand prison later that evening.
On March 29, the three victims were again produced before the Panadura Magistrates Court on allegedly fabricated charges by the police. Each of them were released on bail by of Rs. 7500 (USD 68) and surety bail of Rs. 75,000 (USD 687). Their next date to appear before the Magistrates court was fixed for 26 July 2007.
Among the victims, Mr. D.P. Jayalath Kumara still suffers from injuries to his stomach due to the assault by the OIC of the Panadura North police station. The victims sent a written complaint about their incident to various governmental authorities, including the Chairman of the Human Rights Commission of Sri Lanka, the Chairman of the National Police Commission, the Inspector General Police (IGP), Deputy Inspector General (DIG Legal Division) and the Attorney General. However, no action has yet been taken by any of these authorities to inquire about the alleged brutal torture, arbitrary arrest and fabrication of charges against the victims by the Panadura North police.
The AHRC strongly condemns that the action of the police officers against the three victims as inhuman and intolerable behaviour. As the International Covenant on Civil and Political Rights (ICCPR) enshrines, arbitrary arrest and detention is strongly prohibited and no one shall be deprived of their freedom by such actions. Sri Lanka is a state party to the ICCPR and the Convention against Torture (CAT), therefore we strongly urge the Sri Lankan authority to conduct thorough and impartial investigations into the above case without further delay and bring the alleged perpetrators before justice. We also urge the authorities of Sri Lanka ensure to provide all necessary assistance including financial compensation for the victims and their family.
SUGGESTED ACTION:
Please write to the relevant authorities listed below and urge them to take an immediate action into the alleged violent assault of the victim and provide legal remedies to the victim without further delay. The AHRC has already reported this case to the UN Special Rapporteur on Question of Torture and called for his intervention into this matter.
To support this case, please click here: SEND APPEAL LETTER
SAMPLE LETTER
Dear _________,
SRI LANKA: Three men violently assaulted by police for alleged fabricated charges
Name of victims:
1. Mr. Wannakuwatta Waduge Tharaka Aruna Shantha Kumara, 25 year-old mason, married with one child, resident of 24/1 Sujatha Mawatha, Keselwatte, Panadura, Sri Lanka
2. Mr. Dombagaha Pathirage Jayalath Kumara, 33 year-old painter, married with three children, resident of 33/1, Sujatha Mawatha, Keselwatte, Panadura, Sri Lanka
3. Mr. Baminiyahandige Wasantha Barathi Peris, 47 year-old carpenter, married with two children, resident of 27, Sujatha Mawatha, Keselwatte, Panadura, Sri Lanka
Alleged perpetrators:
1. About six unidentified officers of the Panadura North police station (for arbitrary arrest and assault)
2. Mr. Prasanna, Officer-in-Charge of the Panadura North police station
3. Police officer namely Lalith, of the Panadura North police station
4. Officer having police ID number 35188
5. Officer having police ID number 63974
Place of incident: Arbitrarily arrested near the Keselwatte mosque and tortured at the Panadura North police station
Date of incident: 24 March 2007
I am writing to you to express my grave concern over the alleged brutal assault, arbitrary arrest and fabrication of charges against the three men mentioned above by the Panadura North police on 24 March 2007.
According to the information I have received, the three victims were arrested by about six police officers near the Keselwatte mosque on March 24. The arrest of the victims was made unlawfully; the police did neither give the reason for arrest nor present the arrest warrant or other valid document for their arrest. The victims were also brutally assaulted on their head, face and stomach in the process of the arrest. I am also informed that at the Panadura North police station, the three victims were again brutally assaulted by the OIC Mr. Prasanna and the other officer called Lalith.
I am also concerned by the alleged fabrication of the medical report about the victims. I am informed that when the three men were brought to the Panadura hospital on March 24, only Mr. W.W.T.A. Shantha Kumara was examined by a female doctor, who then asked all the three men to sign in the blank paper. When B.W. Barathi Peris refused to sign the blank paper, the doctor then wrote down something on it. But the paper was taken immediately taken away by the presenting police officer, who then proceeded to assault Mr. B.W. Barathi Peris in front of the medical doctor. I am also informed that at the hospital, Mr. D.P. Jayalath Kumara was allegedly intimidated by two police officers, whose police ID are 35188 and 63974, that he will be arrested with the charge of either the illegal possession of drugs or bombings.
The victims reported about their torture by the police to the magistrate and the Judicial Medical Officer (JMO) separately on March 25 and 26, 2007. However, later on March 26, all the victims were transferred to the remand prison in Kalutara. On March 29, the three victims were released on bail by the Pandura Magistrates Court.
I am informed that the victims have still been suffered from the injuries they received from the brutal assault by the police officers. I am also informed that although the victims lodged their written complaints to various governmental authorities, including the Human Rights Commission of Sri Lanka, the National Police Commission and the Inspector General Police (IGP), no serious action has yet been taken to investigate their incident. As a result, the alleged perpetrators are still at large.
Such unlawful and brutal behaviour by the police should not be tolerated in any circumstances. It is impossible to expect any justice from the law enforcement officers, who routinely commit torture against the civilians.
I also want to remind the international obligation of the Government of Sri Lanka as a state party to the International Covenant on Civil and Political Rights (ICCPR) and the Convention against Torture (CAT).
I therefore request you to immediately order a proper inquiry into this case and ensure that the responsible police officers are prosecuted under the Convention Against Torture Act no. 22 of 1994. I also appeal to you to ensure the release of the three victims, if there is no sufficient evidence to prove their charges. I particularly urge the National Police Commission to conduct an impartial and speedy inquiry into this case in accordance with the Rules of Procedure (Public Complaints) 2007 and apply sanction against responsible police officers. Adequate compensation should also be provided to the victims for their sufferings.
Sincerely yours,
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PLEASE SEND YOUR LETTER TO:
1. Mr. Victor Perera
Inspector General of Police
New Secretariat
Colombo 1
SRI LANKA
Fax: +94 11 2 440440/327877
E-mail: igp@police.lk
2. Mr. C.R. De Silva
Attorney General
Attorney General’s Department
Colombo 12
SRI LANKA
Fax: +94 11 2 436421
Email: attorney@sri.lanka.net
3. Mr. Neville Piyadigama
Chairperson
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
4. 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
5. Deputy Inspector General
Western Province (South) Range
SRI LANKA
Fax: +94 11 2829 385
6. Senior Superintendent of Police
Panadura Division
SRI LANKA
Tel: +94 38 223 2227
Fax: +94 38 223 3228
Thank you.
Urgent Appeals Programme
Asian Human Rights Commission (ahrchk@ahrchk.org)
