Dear friends
The Asian Human Rights Commission (AHRC) has received information that one man was tortured by the police on 8 January 2004 because he gave up illegal liquor business. In the past the AHRC has reported several cases in which former illicit liquor sellers, who gave up such a business, were punished by police officers. Illicit liquor business often is beneficial to the police officers, as it can only be carried out by paying bribes to the police. When the sellers of liquor give up their business, some police officers lose a source of extra income. Your urgent action is required to request the local authorities to bring the perpetrators to justice.
Urgent Appeals Programme
Asian Human Rights Commission (AHRC)
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DEAILED INFORMATION:
Name of the victim: D.G. Premathilaka
Alleged perpetrators: Officers attached to the Katugastota Police Station
Period of illegal detention and torture: From 8 to 9 January 2004
Case details:
Around 8:30 p.m. on 8 January 2004, D.G. Premathilaka and his wife Mrs. Ranjani went to the village boutique to buy some biscuits for their little daughter. On the way, someone shouted to D.G. Premathilaka, “It’s you who we are searching for!” and some people started to assault him. The person hit the victim’s head and face severely then pulled him into a white color van and drove away. The victim’s wife was unable to help.
The next morning (9 January 2004), the Katugastota police called to the victim’s wife saying that her husband was taken to the Katugastota Police Station. She sent her brother to the police station to find out the facts. Upon arrival, her brother saw that D.G. Premathilaka was lying on the floor and unable to stand in the remand cell. After signing on a paper, her brother came back home with the victim. According to the victim’s statement, some policemen from the Katugastota Police Station severely assaulted him on the street and took him to the police station where the victim was further assaulted by police.
On the same afternoon, the family took the victim to the Kandy Public Hospital where he was hospitalized. However, about 1:30 p.m. of the next day, the Kandy Public Hospital has forcibly discharged the victim saying he had no serious injuries even though he complained at a severe headache and was unable to move his neck. There were also some wounds on his legs and arms. After being discharged, he was admitted to the Peradeniya Hospital.
The victim stated that he had while he had previously been involved in illegal liquor sales, was he no longer in the illicit business. In past the AHRC has reported several cases in which former illicit liquor sellers, who gave up such a business, were punished by police officers. Illicit liquor business often is of benefit to the police officers, as such business can only be carried out by paying bribes to the police. When the sellers of liquor give up their business, some police officers lose a source of extra- income.
The victim stated to the human rights organization that the police fabricated charges against him after he gave up the illegal liquor business. The victim said that he was produced before the Kandy Magistrate Court and the police were angry with him because he pleaded innocent.
SUGGESTED ACTION:
Please send a letter, fax or email to the local authorities and express your concern about this serious case.
1. Hon. Mr. Ranil Wickremasinghe
Prime Minister
Cambridge Place, Colombo 7
SRI LANKA
Fax: +94 11 2 682905 / 575454
E-mail: secpm@sltnet.lk or bradmanw@slt.lk
2. Hon. Mr. K. C. Kamalasabesan
Attorney General
Attorney General’s Department
Colombo 12
SRI LANKA
Fax: +94 11 2 436 421
Email: attorney@sri.lanka.net or counsel@sri.lanka.net
3. Mr. Ranjith Abeysuriya PC
Chairman National Police Commission
69-1 Ward Place, Colombo 7
Sri Lanka
Fax: +94 11 2 669 128 (need to ask to change to fax mode) / 691 926
Fax HOME: +94 11 2 674148
4. Dr. Radhika Coomaraswamy
Director
National 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. Mr. Theo C. van Boven
Special Rapporteur on the Question of Torture
OHCHR-UNOG
8-14 Avenue de la Paix
1211 Geneva 10
SWITZERLAND
Fax: +41 22 917 9016
Thank you.
Urgent Appeals Programme
Asian Human Rights Commission (AHRC)
To support this case, please click here: SEND APPEAL LETTER
SAMPLE LETTER
Dear
Re: A man who gave up illicit liquor sale was tortured by police from the Katugastota Police Station
Name of the victim: D.G. Premathilaka
Alleged perpatrators: Some officers attached to the Katugastota Police Station
Period of illegal detention and torture: From 8 to 9 January 2004
I am deeply concerned to learn the torture of D.G. Premathilaka at the Katugastota Police Station on 8 January 2004. He was arbitrarily arrested and tortured by the police because he gave up the illegal liquor business. Illicit liquor business often is of benefit to the police officers, as it can only be carried out by paying bribes to the police. When the sellers of liquor give up their business, some police officers lose a source of extra income.
According to the information I have received, in the evening of 8 January 2004, some policemen assaulted the victim on the street and dragged him to the police station. After being released from the police station on the next day, he was hospitalized at the Kandy Public Hospital. However, the hospital forcibly discharged the victim on 10 January 2004 saying that he has no serious injuries, even though he complained of a severe headache and was unable to move his neck.
Therefore, I strongly urge you to order an immediate investigation into this serious case, identify those responsible, bring them before an impartial tribunal and apply the penal, civil and/or administrative sanctions provided by law. I also urge you to guarantee adequate compensation for the victim. I further urge the Sri Lankan government to take some genuine steps and strong actions to stop torture by the police. I look forward to hearing of your intervention in this matter.
Lastly, I request the Sri Lankan government to respect the following recommendation made by the UN Human Rights Committee on 6 November 2003 (among several other recommendations):
‘The State party should adopt legislative and other measures to prevent such violations, in keeping with articles 2, 7 and 9 of the Covenant, and ensure effective enforcement of the legislation. It should ensure in particular that allegations of crimes committed by state security forces, especially allegations of torture, abduction and illegal confinement, are investigated promptly and effectively with a view to prosecuting perpetrators. The National Police Commission complaints procedure should be implemented as soon as possible. The authorities should diligently enquire into all cases of suspected intimidation of witnesses and establish a witness protection program in order to put an end to the eliminate of fear that plagues the investigation and prosecution of such cases. The capacity of the National Human Rights Commission to investigate and prosecute alleged human rights violations should be strengthened.’
Yours faithfully,
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