Dear friends
The Asian Human Rights Commission (AHRC) has received information regarding the illegal detention of Terrance Fernando from 21 February to 25 June 2004 at the Kaduruwela Police Station in Polonnaruwa. He was arrested without charge, tortured and detained for four months. After his release in June, Fernando was told that the crime he had been suspected of had been committed by another person.
This case reflects Sri Lanka’s ongoing police brutality and lack of respect for formal legal procedures. Your urgent action is required to address the issue of endemic torture and careless arrest taking place throughout Sri Lanka.
Urgent Appeals Desk
Asian Human Rights Commission (AHRC)
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CASE DETAILS
Victim: W R Terrance Fernando of 118/1, Aluth Wewa, Polonnaruwa
Date of incident: 21 February – 25 June 2004
Perpetrators: Inspector of Police (IP) Rajapakse, IP Priyantha Herath, Constable Susil and another officer
Terrance Fernando was a home guard attached to the Police Post of Galvihara. In early February 2004, a double murder took place in the neighborhood where he was on duty. On 21 February 2004, Fernando was asked to report to the Kaduruwela police station where he was arrested with no charges explained to him. The officers at the station beat him before placing him in the police cell. At around 9 pm he was taken to the criminal branch of the station and beaten again. Thereafter he was taken to the police mess, was strung up and then beaten for several hours by IP Rajapakse, IP Priyantha Herath, Constable Susil and another officer. After this severe torture, he was put back in the cell, where he was kept for the night and the following day. He was unable to move and when his parents visited him he was only wearing his trousers.
On 23 February 2004 he was produced before a magistrate, and the lawyer who appeared on his behalf informed the court of the beating Terrance Fernando had received. The complaint of this torture is recorded in case No. B 218/04 of Polonnaruwa Magistrate’s Courts. The magistrate ordered Fernando to be put in remand custody and to be given medical attention. As a result, Terrance Fernando was sent to the General Hospital at Polonnaruwa and the judicial medical officer documented his injuries as contusions in his right buttock, right and left feet, and left leg, as well as an abrasion along the pelvic area.
Fernando suffered from his injuries throughout his time in prison. He was initially unable to move and had to even be assisted to use the toilet by other prisoners.
Fernando was finally released on bail on June 25. On June 28, Assistant Superintendant of Police Teja Tillakasiri reported to Fernando that the police now knew the real culprit behind the double murder but could not arrest him due to a lack of evidence. He suggested that Fernando make an application to get his job back, which Fernando had lost due to his false arrest and detention. Fernando’s children also had to be removed from their school due to his tarnished reputation.
Terrance Fernando wrote to the ASP in early July and asked for all charges against him to be withdrawn. According to Fernando, his arrest was based on no evidence. He states that he was never suspected of any crime and his record as a home guard was spotless. He also states that the officers who assaulted him were people he knew through his job as a home guard, and therefore he could identify them as his assaulters. He also states that these officers would not have tortured him unless it was an order from higher officers.
Fernando is currently in the process of filing a fundamental rights case against his arrest, torture and detention.
SUGGESTED ACTION:
Please send a letter, fax or email to the following authorities to express your concern regarding this 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
E-mail: polcom@sltnet.lk
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. Manuela Carmema Castrillo
Working Group on Arbitrary Detention
OHCHR-UNOG, 1211 Geneva 10
SWITZERLAND
Fax: +41 22 917 9006
To support this case, please click here: SEND APPEAL LETTER
SAMPLE LETTER
Dear
RE: Kaduruwela police illegally arrest and torture person on mistaken identity
I am writing to you in concern about the case of illegal detention and torture of Terrance Fernando.
In early February 2004, a double murder took place in the neighborhood where he was on duty as a home guard attached to the Galvihara police post. On 21 February 2004, Fernando was asked to report to the Kaduruwela police station where he was arrested with no charges explained to him. The officers at the station beat him before placing him in the police cell. At around 9 pm he was taken to the criminal branch of the station and beaten again. Thereafter he was taken to the police mess, was strung up and then beaten for several hours by IP Rajapakse, IP Priyantha Herath, Constable Susil and another officer. Fernando was later produced before a magistrate, who sent him to remand prison, where he suffered until his release on June 25.
This case reminds me of several other cases in Sri Lanka where similar arrest, prolonged detention and torture have taken place. In the case of Gerald Perera, the Supreme Court observed he had been tortured without evidence. Terrance Fernando is another such victim. It is high time that the Sri Lankan authorities deal with the endemic torture and careless arrest and detention taking place all over the country.
I urge the Sri Lankan authorities to inquire into this case immediately and file action against those persons who have tortured Terrance Fernando under the Convention Against Torture (CAT) Act. I also urge that he be exonerated from charges made without basis and paid compensation for his prolonged illegal detention and the tarnishment of his reputation as well as that of his family.
Yours sincerely,
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Thank you
Urgent Appeals Programme
Asian Human Rights Commission
