Dear friends,
The Asian Human Rights Commission (AHRC) has received information regarding the savage assault of a father of five by the Eheliyagoda Policeallegedly on the instigation of his wife. The victim was hit and kicked all over his body and when he fell down, trampled with heavy police boots. He was handcuffed the whole night at the police station and later produced before the Magistrates Court where he courageously revealed details of the police assault. Nonetheless, he was remanded. In remand prison, he was taken ill and had to be treated in the remand hospital until he was released on bail more than one week later.
CASE DETAILS:
At around 7:30pm on 28 May 2007 43-year-old M.A.K. Wickramasinghe was returning home from work when he was accosted by 4 policemen attached to the Eheliyagoda Police Station. They immediately began to inhumanly assault him all over his body. They allegedly assaulted him with their fists and poles, kicked him and even struck him with the torch he was carrying. Unable to withstand the blows, the victim had fallen down only to be kicked and trampled by the policemens heavy boots.
The policemen then pushed the victim into the police vehicle and took him to the Eheliyagoda Police Station where he was handcuffed and thrown into a holding cell. He was thus handcuffed throughout the night, notwithstanding he was in severe pain from the assault.
The next afternoon (29), the victim was taken to the Magistrates Court and there he informed the Magistrate about the inhuman assault by the police. Nonetheless, the Magistrate ordered him to be remanded until 6 June 2007. Accordingly, he was taken to the Kuruvita remand prison where a prison officer recorded his statement regarding the incident. The victim says that he told the prison officer details about the savage attack by the Eheliyagoda police. Thereafter the victim had to be warded at the prison hospital and treated for his physical injuries. He was enlarged on bail on 6 June.
The victim complains that consequent to the assault, his legs swelled up and there is a large wound on one leg caused by a pole used by the police to thrash him. The victim also says that he believes this police attack was as a result of a complaint made by his wife against him.
According to the victim, all 4 policemen were in uniform and arrived in a police vehicle. While positively recognising Police Constable (PC) Ajith among his attackers, the victims is confident he can recognize the others if seen again.
The victim has now complained in writing inter alia to the ChairpersonHuman Rights Commission of Sri Lanka, the National Police Commission, the Inspector General of Police (IGP) and the Ratnapura District, Senior Superintendent of Police (SSP). In his correspondence he has urged that the severe police assault, illegal arrest and detention was a violation of his fundamental rights guaranteed under the Sri Lankan Constitution and as such it is the duty of these authorities to take stern disciplinary and legal action against the 4 policemen (including PC Ajith) of the Eheliyagoda Police Station.
SUGGESTED ACTION:
Please write to the relevant authorities listed below and urge them to take immediate legal and disciplinary action against the alleged perpetrators, who illegally arrested and tortured the victim, causing him severe injuries. Please also urge them to ensure that the victim is afforded medical treatment for his injuries and that he is paid appropriate compensation for the gross violation of his fundamental rights.
To support this case, please click here: SEND APPEAL LETTER
SAMPLE LETTER
Dear __________,
SRI LANKA: Savage attack on a father of five, by the Eheliyagoda Police
Name of victim: Munangala Arachchilage Kotalawala Wickramasinghe (43) father of 5 children, a labourer by occupation, residing at Poddeniya, Parakaduwa, Ratnapura District
Name of alleged perpetrators: 4 policemen of the Eheliyagoda Police including PC Ajith, Ratnaupura Dist. III, Ratnapura Division, Sabaragamuwa Range, Sri Lanka
Place of incident: On the road near his home in Poddeniya, Parakaduwa
Date of incident: 28 May 2007
I am writing to you to express my grave concern about the alleged brutal attack on M.A.K Wickramasinghe, a 43-year-old father of five, by the Eheliyagoda Police as well as his illegal arrest and detention.
I have received information that at around 7:30pm on 28 May 2007 when Mr. Wickramasinghe was returning from work 4 policemen from the Eheliyagoda Police Station accosted him and severely and inhumanly assaulted him with their fists and poles. When the victims fell down, the policemen kicked and trampled him with their heavy boots. According to the victim, all 4 policemen were in Uniform and arrived in a police vehicle. He recognised one policemen as Police Constable (PC) Ajith and can recognised the others if they are seen again.
I was also informed that thereafter the victim was taken to the Eheliyagoda Police Station where he was handcuffed and locked up in a police holding cell. The next afternoon (29) the victim was produced before the Magistrates Court and though he bravely informed court about the police assaultnonetheless he was remanded until 6 June 2007. At the Kuruvita remand prison, he once again informed a prison official about the brutal attack by the police. Thereafter due to his injuries, he had to be warded at the prison hospital and medically treated He was bailed out on 6 June.
I am further informed that the victims legs are still swollen from the assault and there is a large unhealed wound on one of them.
In its 2005 Concluding Observations on the state party’s periodic report, the Committee against Torture express its deep concern about “widespread torture, ill treatment and disappearances” mainly committed by the police forces. The Committee also expressed its concern that such violations by law enforcement officials “are not investigated promptly and impartially”. [Concluding Observations of the Committee against Torture; CAT/C/LKA/CO/2 ]
In terms of domestic mechanisms to prevent and punish the acts of torture, the punishment in the corresponding CAT Act (No 22 of 1994) is a period of seven to ten years of rigorous imprisonment and a fine of 10,000 to 50,000 rupees. Besides, Human Rights Commission of Sri Lanka has adopted a ‘Zero Tolerance Policy’ against torture and also the NPC has recently created a speedy inquiry mechanism into the alleged crimes committed by the police in accordance with the Rules of Procedure (Public Complaints) 2007. According to the Rules, the NPC should complete the investigation within one month after receiving the complaint.
Despite of these domestic mechanisms, in reality only very few state officers have been convicted with torture under CAT Act for the last 12 years, while torture remains endemic at police stations cross the whole country.
In light above, I urge you to conduct an immediate and impartial investigation into the incident and to take stern and prompt disciplinary and legal action against the alleged policemen. I also urge you to ensure that appropriate compensation is afforded to Mr. Wickramasinghe for all the physical and mental damage caused to him by the brutality exhibited by the Eheliyagoda Police. I further urge you to ensure that periodic training programme should be established for all police in Sri Lanka so that this kind of brutal act of torture will not occur.
I look forward to your prompt action into this matter.
Yours truly,
———————-
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. 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
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. Prof. Manfred Nowak
Special Rapporteur on the Question of Torture
Attn: Safir Syed
c/o OHCHR-UNOG
1211 Geneva 10
SWITZERLAND
Tel: +41 22 917 9230
Fax: +41 22 917 9016 (ATTN: SPECIAL RAPPORTEUR TORTURE)
Thank you.
Urgent Appeals Programme
Asian Human Rights Commission (ua@ahrchk.org)
