SRI LANKA: Young man imprisoned and tortured by police officer for accidentally knocking into him 

ASIAN HUMAN RIGHTS COMMISSION - URGENT APPEALS PROGRAMME

Urgent Appeal Case: UA-33-2005
ISSUES: Arbitrary arrest & detention,

Dear friends,

The Asian Human Rights Commission (AHRC) has received information of the arbitrary imprisonment and torture of a Sri Lankan youth in Matale District, Sri Lanka. On 21 February 2005, Mr. Rishantha Kumar Nagalingam (20) was arbitrarily arrested and severely assaulted for accidentally knocking against a police officer in the local Court House. He was further taken for a medical examination where upon the request of the perpetrator, the doctor submitted a statement claiming Nagalingam was drunk when in fact he was not.

This is yet again another blatant instance of enforcement officers abusing their power in order to victimize innocent people. We urge you to look into this incident and write to the local authorities to withdraw the charges against the victim and take action against those responsible.

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

Name of the victim:  Mr. Nagalingam Rishantha Kumar, 20 years old
Alleged perpetrators:
1. P.G.R.C.A. Gamlath, Chief Police Inspector of Matale
2. A doctor who issued a false statement
Time and Place of Incident: 21 February 2005; approx. 1:45pm – 6:00pm, Matale Court House in Sri Lanka 

According to the information we have received, Mr. Nagalingam Rishantha Kumar (20) visited the Matale Court House on 21 February 2005 to attend the court hearing of his friend, Elai Raj. During a lunch break in the middle of the session, while walking in the Court House, Nagalingam accidentally bumped into a passerby at. This person was in fact Mr. P.G.R.C.A. Gamlath, the Chief Police Inspector of Matale.

Nagalingam immediately apologized to the officer for knocking against him, however, it is alleged that the police officer was furious and took the young man by the neck, assaulted him, and dragged him out of the Court House. There, the Chief Inspector made Nagalingam sit on the ground where he slapped the youth on his face and ears and beat his back over 20 times. A lawyer present at the Court House witnessed this assault and reported it to the Police Superintendent.

Mr. Gamlath then took Nagalingam to the hospital where he requested that the doctor examining the victim record a statement citing that Nagalingam was in an acute state of drunkenness. The Doctor agreed and the statement was issued.

After that at 2:15pm, Nagalingam was taken to the local police station and locked up while Police Inspector Gamlath left the premises. At around 3:00pm, another police officer visited Nagalingam and recorded his statement detailing the incident he had just incurred. At 5:00pm, this police officer also accompanied Nagalingam to the hospital once more where a different medical officer examined him and issued a report finding Nagalingam not intoxicated.

Nagalingam was once again taken back to the police station and detained until 6:00pm. He was finally released on police bail and asked to come to the police station at a later date in order to receive his summons.

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

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

SAMPLE LETTER

Dear _________, 

RE: The arrest and torture of a young man by the Chief Police Inspector, Matale

I am deeply disturbed to hear another case of arbitrary arrest/detention and torture of an innocent man. 

According to the information I have received, on 21 February 2005, Mr. Nagalingam Rishantha Kumar (20) was arrested and assaulted for accidentally knocking against Chief Police Inspector of Matale, Mr. P.G.R.C.A. Gamlath. Despite Nagalingam's apology, Mr. Gamlath ignored it and began to abuse him. This incident witnessed by a lawyer present at the Matale Court House at the time of the incident, who reported it to the Police Superintendent. He further used his authority to issue a false statement by a doctor that the victim was drunk, which was in fact not the case. Nagalingam has now been released on bail from the police station, and is currently awaiting his summons. 

I request you to order an immediate and thorough investigation in this incident and take action against Chief Police Inspector of Matale, Mr. P.G.R.C.A. Gamlath and the doctor who issued a false statement. I also urge you to take appropriate action to withdraw the charges against the victim. 

Yours Truly,


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PLEASE SEND YOUR LETTERS TO:

1. 1. Mr. Mahinda Rajapakse 
Prime Minister 
Temple Trees
Galle Road, Colombo 03
SRI LANKA
Tel:?94 11 2 543938-42 / 437676
Fax: +94 11 2 384916
E-mail: pm_sec@slt.lk

2. Mr. K. C. Kamalasabesan 
Attorney General 
Attorney General's Department 
Colombo 12 
SRI LANKA 
Fax: +94 11 2 436 421

3. Mr. Chandra Fernando
Inspector General of Police (IGP) 
New Secretariat 
Colombo 1
SRI LANKA 
Fax: +94 11 2 440440/327877

4. Mr. Ranjith Abeysuriya PC 
Chairperson 
National Police Commission 
69-1 Ward Place, Colombo 7 
SRI LANKA 
Fax: +94 11 2 669 528
Fax HOME: +94 11 2 674148
E-mail: polcom@sltnet.lk?lt;br />
5. Dr. Radhika Coomaraswamy
Chairperson 
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?lt;br />
6. Prof. Manfred Nowak
Special Rapporteur on the Question of Torture
Attn: Mr. Safir Syed
c/o OHCHR-UNOG
1211 Geneva 10
SWITZERLAND
Tel: +41 22 917 9230
Fax: +41 22 917 9016 (general)


Thank you. 

Urgent Appeals Programme
Asian Human Rights Commission (AHRC)
Document Type : Urgent Appeal Case
Document ID : UA-33-2005
Countries : Sri Lanka,
Issues : Arbitrary arrest & detention,