Dear friends,
The Asian Human Rights Commission (AHRC) has received information regarding the inhuman and degrading assault of a man by the Piliyandala Police allegedly at the instigation of a third party. According to the victim, when he and his cousin visited the police station to lodge a complaint, Complaints Division, Officer in Charge (OIC) Damith and another brutally kicked and trampled them. They were then locked up with no reasons given. Later the victim was admitted to hospital and complained to the authorities therein including the Judicial Medical Officer and the hospital police. Subsequently the police allegedly fabricated a criminal case against him – probably in revenge for complaining.
CASE DETAILS: (Based on the victim’s testimony)
On 19 September 2007 about 7:15pm, the victim P.A. Kumara Perera (21), together with his cousin Danushka and his grandmother visited the Piliyandala Police Station in the Colombo District to lodge a complaint against a neighbour – U.D. Sumithra – for harassing them and falsely accusing them of committing crimes. But when the victim reached the police station, the neighbour was also present. Upon seeing them, the victim heard Ms. Sumithra pointing at them and telling the police to assault them.
Consequently, the Complaints Division, Officer in Charge (OIC), Damith walked up to them and viciously kicked the victim and his cousin. After they fell on the floor he trampled them with his boots. Also, while kicking and trampling the victim, OIC Damith had demanded that the victim shout out the name of his uncle (with whom U.D. Sumithra had had a quarrel with). Both, the victim and his cousin were then locked up in the police holding cell. No reasons were given for their detention. According to the victim, even in the night the OIC had returned and assaulted them.
Next day, September 20, they were taken out of the holding cell to record their statements. This time, SI Anura joined OIC Damith in assaulting the victim and his cousin on their heads and hands. Then on 21 September 2007 both were produced before court and as there was no one to pose bail on their behalf, they were remanded. At the Kalutara remand prison the victim fell ill due to the police beating and had to be hospitalised in the prison hospital.
On 25 September 2007, the victim and cousin were released on bail. That same day about 7:00pm the victim was admitted to the Kalubowila General Hospital for medical treatment for his injuries. There, he fearlessly informed authorities including the Judicial Medical Officer (JMO) who examined him that his injuries were sustained from a police assault. On 26 September 2007 the hospital police recorded the victim’s complaint. According to the victim, probably in revenge for complaining, the Piliyandala Police had fabricated a case (no. 16777) against him. The next court date is fixed for 10 December 2007.
The victim says that to date, he suffers pain from the injuries caused by the police assault; there is a pain in his chest and right hand, his right hand is still swollen and has an unhealed wound. The victim has now lodged formal complaints in writing to the relevant authorities including the Chairman, Human Rights Commission of Sri Lanka, Chairman, National Police Commission, Inspector General of Police (IGP) and the Senior Superintendent of Police (SSP) – Mt. Lavinia. The victim has requested that immediate investigation and inquiry be conducted into the incident and thereafter appropriate disciplinary and legal action be taken against OIC Damith and SI Anura of the Piliyandala Police who assaulted the victim causing serious injuries to him as well as fabricating false charges against him.
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 detained and assaulted the victim causing him serious injuries. Please also urge them to ensure that that he is paid appropriate compensation for the violation of his fundamental rights.
To support this case, please click here: SEND APPEAL LETTER
SAMPLE LETTER
Dear __________,
SRI LANKA: Assault by the Piliyandala Police at the instigation of a third party
Name of victim: Pethigamuwa Archchige Kumara Perera (21), unmarried, a carpenter by occupation
Place of residence: 155/2. Halgahawatte. Honnanthara, Piliyandala in the Colombo District, Sri Lanka
Name of alleged perpetrators: Officer In Charge (OIC-Complaints Division) Damith and Sub Inspector (SI) Anura of the Piliyandala Police Station
Date of incident: 19 September 2007
Place of incident: Within the premises of the Piliyandala Police Station, Mt. Lavinia Dist. I, Mt. Lavinia Division
I am writing to you to express my concern about the alleged assault of P.A. Kumara Perera, a 21-year-old, carpenter by Officer in Charge (OIC) Damith and Sub Inspector (SI) Anura of the Piliyandala Police – at the instigation of a third party against whom the victim was to lodge a complaint against. The victim together with his cousin had then been locked up and later produced before court on an allegedly fabricated case.
Accordingly to information I have received, on 19 September 2007 about 7:15pm the victim K.A. Kumara Perera (21), together with his cousin Danushka and his grandmother had visited the Piliyandala Police Station in the Colombo District, Sri Lanka to lodge a complaint against a neighbour – U. D. Sumithra. But when they reached the police station they saw Ms. Sumithra pointing at them and heard her telling the police to assault them.
I am informed that consequently, the Complaints Division, Officer in Charge (OIC), Damith walked up to them and viciously kicked them. He continued to kick and trample their bodies with his boots – even after they had fallen on the floor. Both, the victim and his cousin were then locked up in the police holding cell; and no reasons were given for their detention. During that night, the OIC had returned and assaulted them. Next day, September 20, they were taken out of the holding cell to record their statements. The perpetrators had again assaulted them on their heads and hands.
I am also informed that on 21 September 2007 they were produced before court but remanded as there was no one to pose bail on their behalf. At the prison, the victim fell ill due to the police beating and had to be hospitalised in the prison hospital. On 25 September 2007, no soon had the victim been released on bail, he was admitted to the Kalubowila General Hospital for medical treatment of his injuries. At the hospital the victim had fearlessly informed authorities including the Judicial Medical Officer (JMO) who examined him that his injuries were sustained from a police assault. On 26 September 2007 the hospital police recorded the victim’s complaint.
According to information received, the Police proceeded to file an allegedly fabricated a case (no 16777) against him – probably in revenge for complaining. The victim says that to date, he suffers pain from the injuries caused by the police assault; he still suffers pain in his chest and right hand, his right hand is still swollen and has an unhealed wound. The victim has now lodged formal complaints in writing to the relevant authorities.
Therefore on behalf of this victim of needless police brutality, I urge that you to conduct an immediate and impartial investigation and inquiry into the victim’s complaint against the Piliyandala Police and thereafter take severe disciplinary and legal action against the alleged perpetrators. I also urge you to afford the victim adequate compensation for the physical, mental, economic and social consequences he has suffered and in fact continues to suffer as a result of this police brutality.
I earnestly 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
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
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)
