SRI LANKA: A young man died after being severely tortured by the police for trivial reasons

ASIAN HUMAN RIGHTS COMMISSION - URGENT APPEALS PROGRAMME

Urgent Appeal Case: UA-42-2004
ISSUES: Torture,

Dear friends

The Asian Human Rights Commission (AHRC) is deeply concerned about extrajudicial killing of Muthuthanthrige Chamal Ranjith Cooray (30) by the police officers at the Modara (Moratuwa) Police Post and Moratuwa Police Station. 

According to the information received, on 17 April 2004, Ranjith Cooray, who was suspected of stealing small money, was severely tortured at Modara Police Post and later was handed over to the Moratuwa Police Station where he was seriously assaulted again. The victim died on the way to the hospital, after he was released on bail on 19 April 2004. In particular, the prison officers did not give the injured victim immediate medical attention, but rather assaulted him. 

AHRC notices that there exists the danger that the police will fabricate the case as the police arrested two persons who handed him over to the police. We worry that the murder will be blamed on only these two persons, and not to on the police officers, even though the most severe beating had taken place in police custody. Please send a letter to the Sri Lankan authorities and request them to inquiry into this matter immediately. 

Urgent Appeals Desk
Asian Human Rights Commission (AHRC)
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DETAILED INFORMATION:

Name of the victim: Muthuthanthrige Chamal Ranjith Cooray (30), a resident of St.Mary¡¯s Lane, Egodauyana, Moratuwa, a bachelor and the laborer at timber sawmills
Alleged perpetrators: Some police officers attached to the Modara (Moratuwa) Police Post and Moratuwa Police Station
Period of detention: from 17 April 2004 to 19 April 2004

Case details:

Muthuthanthrige Chamal Ranjith Cooray (30) died on 19 April 2004 as a result of police torture, after being arrested on suspicion of theft on 17 April 2004. Ranjith Cooray was a resident of St. Mary¡¯s Lane, Egodauyana, Moratuwa and the laborer at timber sawmills in the area.

On 17 April 2004, two persons named Felix and Babu of the area where Ranjith Cooray lived captured him and handed him over to the Modara (Moratuwa) Police Post, that suspected him of theft. At the entrance of St. Mary¡¯s Lane, there is a statue of St. Mary and a tin is placed at the statue for the contribution. Ranjith Cooray was suspected of breaking this tin and stealing the money in it.

At the Modara (Moratuwa) Police Post, Ranjith Cooray was severely tortured by the police and he was later handed over to the Moratuwa Police Station where he was seriously assaulted again. On 18 April 2004, Ranjith Cooray was brought before the Moratuwa Magistrate and was remanded. After that, he was sent to the Welikada Prison and was assaulted by the prison officers again. On 19 April 2004, Ranjith Cooray was released on bail. After he came back home, his relatives found that he was in critical condition and rushed him to the Panadura Government Hospital within half an hour. But Ranjith Cooray died before he reached the hospital. The postmortem was conducted at the Panadura Government Hospital on 20 April 2004. The coroner reported that the victim’s death was due to the assault and there was enough evidence of murder. However, Ranjith Cooray belongs to a very poor family and the chances of conducting a fair and an impartial inquiry are limited.

According to a person named Dinesh, who also had been taken into police custody along with the victim on same charge (theft), testified that Ranjith Cooray and he were severely assaulted and put into a cell by Moratuwa Police. He further said that the police officers hit the victim’s head brutally and kicked on the rest of his body with boots. Dinesh saw Ranith Cooray fainted in the police cell but the police did not provide him any appropriate medical treatment. He also said that when he and Ranith Cooray were sent to the Welikada Prison on 18 April, even though the victim was injured, the police officers did not provide immediate medical treatment, but rather assaulted them. 

Dinesh was asked to report to the Moratuwa Police Station on 21 April 2004. The victim’s family and human rights groups are concerned that the police might be pressuring Dinesh to withdraw statements and to deny what he had witnessed. The human rights groups are seeking the assistance of the National human rights Commission (NHRC) of Sri Lanka to provide protection to Dinesh.

In the meantime, Felix and Babu, who are responsible for getting Ranjith Cooray and Dinesh arrested, have been arrested and remanded for assaulting these two before handing them over to the police. The victim’s family and human rights groups fear that the blame of murder would be put on only these two persons, not to the police officers even though the most severe beating had taken place while the victim was in police custody. It is quite common that Sri Lanka’s police engage in elaborate cover ups and fabrications of stories when deaths occur as a consequence of their actions. As the victims are poor they have little chance of fighting against such highly constructed fabrication by the police, that has tremendous power over the lives of the ordinary people in Sri Lanka. 

AHRC had earlier reported the torture case of a man who was beaten to death for the alleged charge of stealing a banana bunch (UA-55-2002). In recent weeks we have reported several cases where persons arrested for trivial reasons have died as a result of police beatings (UA-35-2004UA 24-2004). We have also reported cases of serious torture, such as pouring on boiling hot water on the thighs of a person (UA-07-2004) and forcing a TB patient to spit into mouth of an innocent victim (UA-18-2004). The UN Rapporteur Against Torture reported many cases of torture about which he has written to Sri Lankan government.

Despite of all these efforts, the alleged perpetrators of these cases continue to work as law enforcement officers wearing police uniforms. Despite the many promises of inquiries by the Inspector General of Police (IGP) and the National Police Commission (NPC), no action has yet been taken to successfully prosecute any of the alleged perpetrators. Murder and torture committed by the police is covered up and hushed up. The victim’s family and human rights groups are worrying that this case will be another failure to achieve justice in Sri Lanka. 

SUGGESTED ACTION:
Please send a letter, fax or email to the addresses below and express your concern about the serious case.

1. Ms. Chandrika Bandaranaike Kumaratunga
President
Democratic Socialist Republic of Sri Lanka
Presidential Secretariat
Colombo-1, Sri Lanka
Fax: +94 11 2 333 703

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 / 691 926 
Fax HOME: +94 11 2 674148

4. Inspector General of Police (IGP) 
New Secretariat 
Colombo 1, 
SRI LANKA 
Fax: +94 11 2 381394/ 446174 

5. Dr. Radhika Coomaraswamy
Chairperson 
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

6. 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 

7. Ms. Asma Jahangir
Special Rapporteur on extrajudicial, summary or arbitrary executions
c/o OHCHR-UNOG, 1211 Geneva 10
SWITZERLAND 
Tel: +92 42 5763 234 
Fax: +41 22 917 9006 / +92 42 5763 236 
Email: webadmin.hchr@unog.ch or asmalaw@brain.net.pk

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

SAMPLE LETTER

Re: Torture and death of Ranjith Cooray allegedly in the hands of some Police Officers of Modara Police Post and Moratuwa Police Station

I am amazed to hear about another death of a human being due to the alleged torture by Sri Lankan police for trivial reasons. I was informed by the Asian Human Rights Commission (AHRC) that M. C. Ranjith Cooray (30) died on 19 April 2004 after being severely tortured by the police. 

On 17 April 2004, the victim, suspected of stealing small money, was handed over to the Modara (Moratuwa) Police Post. At the Modara Police Post, Ranjith Cooray was severely tortured by the police and later handed over to the Moratuwa Police Station where he was seriously assaulted again. On 18 April 2004, the victim was again assaulted by the prison officers at the Welikada Prison, where he was sent after being remanded. On 19 April 2004 after being released on bail, he died on the way to the hospital. The coroner, who conducted the postmortem, reported that the victim’s death was due to the repeated assaults. 

The triviality with which human life is treated by Sri Lanka’s law enforcement agency is truly frightening. These brutal manners of the police show that something is critically wrong with the situation of the investigation process conducted by the police in Sri Lanka. It is also obvious that the discipline enforced against officers, who commit such horrendous crimes and instill fear in the communities, is not functioning at all. It is also disturbing to notice that the police did not provide any appropriate medical treatment to the victim, who fainted in the cell due to severe torture. Moreover, the prison officers again assaulted the injured victim who was sent to remand prison and did not provide any immediate medical attention. Had he received such attention his life could have been saved. 

Therefore, I urge you to order the speedy and impartial inquire into this particular case. I also urge you to bring the persons responsible for the death of the victim to justice quickly. The alleged perpetrators must be suspended from the service while the investigation is going on. The victim must also be compensated. I further urge the government of Sri Lanka to inquiry into the whole situation of the breakdown of law enforcement in the country that revealed by such cases, and take strong action to establish reliable prosecution and investigation system without delay. So long as law enforcers engage in such murder and torture, the rule of law is not possible in the country and Sri Lanka will not deserve international respect.

Yours sincerely,

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Thank you.

Urgent Appeals Programme 
Asian Human Rights Commission (AHRC)

Document Type : Urgent Appeal Case
Document ID : UA-42-2004
Countries : Sri Lanka,
Issues : Torture,