Dear friends,
The Asian Human Rights Commission (AHRC) writes to inform that a boy and his uncle have been tortured and falsely charged by the police on 12 August 2007. Fifteen-year-old Periyasami Niroshan and his uncle Subramaniam Nanda Kumar were first forcibly taken by a group of drunken persons to the Nawalapitiya police station where the police falsely charged them for stealing a battery without conducting any investigation based on the information provided by the group. They were brutally beaten and assaulted while in custody.
CASE DETAILS:
At around 8:15pm on 12 August 2007, Periyasami Niroshan (15) and his uncle Subramaniam Nanda Kumar, went out together to purchase kerosene oil. On their way, they saw and passed through a group of five persons drinking liquor inside a bus which was parked. When they were returning home, the same group suddenly alighted from the bus and assaulted them. Following this they were forcibly taken to a nearby Nawalapitiya police.
When they arrived at the police station, the men accused Niroshan and Nanda Kumar of stealing a battery and turned them over to the police. Immediately the police took the two inside a room and started assaulting them. They did not conduct any inquiry into the charge, nor did they inform the victims of what they were accused of.
While inside the room, one of the policemen held Nanda Kumar’s neck by his hand and repeatedly pounded him against the wall. Nanda Kumar vomited blood due to the severity of the beatings he suffered. The police also accused them of being “terrorists”. The boy, Niroshan, was also slapped hard by the police.
From the time they were arrested until 2:00 pm the following day, August 13, they were held in police custody. When the boy’s mother and sister went out searching for them after they failed to return home they found they were being held by the police.
It was also only August 13 when the two victims were produced in court. On the same day, the police falsely charged them for theft based on the information of the group of persons who turned them over into their custody. They were released on bail on the same day. On August 14, they had themselves admitted to the Nawalapitiya hospital for treatment. The following day they were discharged but were told to return to the clinic for further treatment.
The victims believe the of group persons namely: Ruwan, Bandula, Chandana, Ranji and Sula, who assaulted and took them to the police, are friends of the policemen attached to the Nawalapitiya Police Station.
The Nawalapitiya Magistrate Court has set the hearing of the case on September 24.
ADDITIONAL COMMENTS:
The continuing and widespread practice of torture by the police as methods of investigation and the lack of effective remedies for the victims has long been a serious concern. There is existing legislation which punishes torture as a crime, the Convention against Torture Act (CAT Act), but victims suffers tremendous obstacles once the case goes for trial; for instance, continuing threats due to lack of protection and excessive delays, amongst others.
To cite an example, the two police officers responsible in torturing a woman in 3 December 2000 have only been convicted by the court recently, July 2007. They were given fines and sentenced to seven years of rigorous imprisonment for torturing the woman. For details of this case, please see: UP-102-2007. However, it took her nearly seven years in pursuing the legal remedies before her torturers were finally convicted.
The failure to expedite cases of torture encourages and emboldens the police and other security forces to commit torture with impunity. When prosecution of cases means lengthy process and continuing risks for victims, the possibility for the latter to take legal action would become negligible. It explains why police and other security forces continuously commit torture because they know fully well they could get away with it.
You can also read the AHRC¡¦s statement on this: AS-134-2007
SUGGESTED ACTION:
Please write letters to the concerned authorities for them to commence an inquiry into the victims¡¦ torture and filing of false charges by the police. They must be investigated regarding allegations that they have tolerated illegal acts by a group of person when they turn over the victims into their custody. They must be imposed with sanctions and held accountable promptly. The charges against the victims must be withdrawn unconditionally.
To support this case, please click here: SEND APPEAL LETTER
SAMPLE LETTER
Dear ___________,
SRI LANKA: Torture of a boy and his uncle by the police
Name of the victim:
1. Periyasami Niroshan, 15 years old, a student of Katabola Tamil School
2. Subramaniam Nanda Kumar, 23 years old. He is Niroshan¡¦s uncle
They are both residents of Bohill Estate Katabola, Nawalapitiya
Alleged perpetrators: Policemen attached to the Nawalapitiya police
Place of incident: Inside the police station of the same police unit
Date of incident: 12 to 13 August 2007
I am writing to raise my grave concern regarding the torture of a 15-year-old boy, Periyasami Niroshan, and his uncle Subramaniam Nanda Kumar, on 12 August 2007. The two victims were first forcibly taken by a group of five drunken persons to the police while they are passing through them on their way home. They had them assaulted before turning over to the Nawalapitiya Police Station where they were subsequently tortured and falsely charged for theft of a battery.
I have learned that the police, instead of inquiring further into the complaint, took the victims inside a room and started brutally beating them. One of the victims, Nanda Kumar, had his neck held by the hand by a police and pounded him against a wall repeatedly. He vomited blood due to the severity of beatings. His nephew, Niroshan, was also slapped hard by the police officers questioning them. On August 13, they were released on bail. The victims had to admit their selves for treatment to the hospital due to the injuries they suffered.
The five persons who took the victims to the police station namely: Ruwan, Bandula, Chandana, Ranji and Sula, are believed to have connection with the police. I urge you to conduct an inquiry to determine whether or not the actions by these men were either tolerated or had acquiescence by the police for reasons they are associates or friends. If proven that it is so, appropriate actions must be taken against the policemen and this group.
The manner by which the policemen conducted its investigation is completely unacceptable. They have not properly informed the victims of the nature of charged against them, nor did they conduct thorough investigation. Instead, they brutally beaten and tortured them. The victim were punished and denied of due process to answer the false charged against them. This is a blatant violation of the Convention against Torture Act (CAT Act) which prohibits torture and inhumane treatment of persons under police investigation.
I am aware that this is yet another case of police torture widely and systemically occurred in many of police stations. I urge you to ensure that prompt legal actions are taken against the police officers involved in this case. They must be identified, charged and imposed with immediate sanctions for the illegal acts. I am disappointed that those police officers accused of committing torture have reportedly still been able to carry on their duties. The group involved in forcibly taking the victims into the police custody, who are believed to be friends or have had connections with the police, must also be held to account.
Additionally, I urge you to ensure that the charges against the victims are withdrawn unconditionally. I am gravely concerned by the police¡¦ action in pursuing in prosecuting the victims despite serious allegations it is false and that no sufficient information have so far been produced for the charges of theft. For the police to heavily depend on allegations by the group in pursuing this case without further investigation is alarming.
I also urge you to ensure that the victims are given adequate and proper treatment, particularly the boy, for the injuries and trauma they had suffered. I am deeply concerned with the lack of assistance on them by which they had to take upon themselves for the treatment of their injuries at the hospital.
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)
