Dear friends,
The Asian Human Rights Commission (AHRC) writes to inform you of yet another case regarding the brutal torture of a man and the subsequent filing of false charges by the police. The victim, Patikiri Arachchige Nihal Sarathchandra, was arrested on 4 July 2007 and charged by the Ganemulla police for a theft that took place on 13 July 2006. The complainant, Ms. Beatrice Nikalanda, accused him of being an accomplice of persons who stole her jewelry. He was brutally beaten in the presence of the complainant each time he denied involvement in the crime.
CASE DETAILS:
At around 4:30pm on 4 July 2007, Patikiri Arachchige Nihal Sarathchandra was in Ganemulla, Gampaha District, parking his three-wheel near the Ganemulla Police Station. Two policemen wearing plain clothes arrived and asked him to come with them to their police station. The police were inquiring into the complaint of Ms. Beatrice Nikalanda of Kossinna in Ganemulla made in 13 July 2006. Ms. Nikalanda was complaining about the theft of a necklace and a watch.
When Nihal Sarathchandra inquired as to why he was being asked to come, he was only told that he would know the reason once they arrived at the police station. They also did not explain to him as to why he was called in for questioning a year after the complaint was made. Shortly after arriving at the police station, two policemen took him inside a room. There they began questioning him in connection with the complaint of Ms. Nikalanda. He replied that the complainant was not known to him nor had he met her previously.
According to the complaint recorded by the police, Ms. Nikalanda was riding in a three wheel vehicle on her way home when two unknown persons snatched her gold necklace and wrist watch soon after alighting from it close to her house. She claimed her necklace worth Rs. 21,000.00 (USD 184.83) while the wrists watch worth Rs 3,500.00 (USD 30.80). She did not mention the victims name in her original complaint. However, she now alleges it was the Sarathchandra who was driving the three wheel vehicle and that the two persons who snatched her jewelries were known to him.
The police began questioning the victim based on Ms. Nikalandas complaint. But every time he denied any involvement, three policemen had him repeatedly beaten for 20 minutes. The complainant was present when the police were torturing him. They had his face pounded using a pole and their hands. The victim was bleeding from his mouth due to beatings but the police either ignored or deliberately paid no attention to it. They also did not help him treat his wounds.
When the police subsequently conducted a parade of supposed suspects, Ms. Nikalanda identified the victim as one of those responsible in the theft of her jewelry. The police subsequently filed charges against him. The parade though was done following the victim being taken into police custody and tortured in front of the complainant. For Ms. Nikalanda to identify the victim during the parade was expected as she was in fact present and had witnessed the police torturing the victim.
The following day, July 5, he was produced before the Magistrate Gampaha and was subsequently remanded until July 10. He was only released when his lawyers informed the Magistrate he was suffering from injuries and required medical attention at the Prison Hospital.
On July 14, the victim filed his complaint with the police and the Inspector General of the Police (IGP) regarding the torture perpetrated on him. His affidavits were likewise sent to the IGP, Chief Justice (CJ) and Attorney General (AG). After receiving those complaints, a police inquiry was initiated which resulted in an identification parade of police officers attached to the Ganemulla Police on August 8. The victim identified two of them who tortured him.
SUGGESTED ACTION:
Please write letters to the concerned authorities for them to take appropriate action in this case. The false charges against the victim must be withdrawn unconditionally. He must also be afforded with compensation and given adequate rehabilitation for the injury and psychological trauma he had suffered due to torture. They must also ensure that the policemen involved in torturing him are effectively prosecuted.
To support this case, please click here: SEND APPEAL LETTER
SAMPLE LETTER
Dear _____________,
SRI LANKA: Driver brutally tortured and falsely charged by the Ganemulla Police
Name of the victim: Patikiri Arachchige Nihal Sarathchandra, 45 years old. He is working as a driver. He is a Buddhist and father of two children
Alleged perpetrators: Policemen attached to the Ganemulla Police Station
Place of incident: At the same police station
Date of incident: 4 July 2007
I am writing to express my grave concern regarding the torture and filing of false charges against a driver, Patikiri Arachchige Nihal Sarathchandra. He was called in for questioning by police officers attached to the Ganemulla Police Station on 4 July 2007, but was subsequently falsely charged for theft that took place in 13 July 2006.
The complainant, Ms. Beatrice Nikalanda of Kossinna in Ganemulla, filed her complaint with the same police station when the theft took place. In her original complaint though, she did not mention Nihal Sarathchandras involvement into the theft of her necklace and watch. However, she now accuses him as involved and an accomplice. She now alleges that it was him who was driving the three wheel vehicle she was riding on when the two thieves snatched her jewelries; and that the two are known to him. The victim, however, denied having met her or knowing her previously.
While in police custody, the victim was pounded by the police using a pole on the face. They also had him beaten by their hands every time he refuses any involvement. Even when the victim started bleeding from his mouth due to beatings, the policemen had either ignore or deliberately paid no attention to it. They also did not help him treat his injuries. I completely reject the manner by which the police officers conducted their investigation and their treatment of the victim while in their custody.
I therefore urge you to ensure that the police officers, whom the victim identified as responsible in torturing him, are effectively prosecuted and imposed with sanctions promptly. They must be charged and held to account for violation of Sri Lankas Convention against Torture Act (CAT Act). Also ensure that appropriate compensation and assistance is afforded to the victim for his complete recovery. He must be given appropriate rehabilitation treatment for the injuries and trauma he suffered.
The charges against the victim must also be withdrawn unconditionally and that he must be released without delay. I am deeply concerned by his continuing prosecution over false charges and the manner of investigation done by way of torture. Also, the parade conducted on the supposed suspects of theft where the victim had been identified by the complaint as one of those responsible, is completely unacceptable. As I mentioned earlier, he was brutally tortured with the presence of the complainant; therefore she could identify him is likely. I am gravely concerned that should this legal action against him is pursued; it would instead result to wrongful prosecution of person.
I trust that you will take immediate action in this case.
Yours sincerely,
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PLEASE SEND YOUR LETTERS 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
Thank you.
Urgent Appeals Programme
Asian Human Rights Commission (ua@ahrchk.org)
