SRI LANKA: Torture victim fears for his life following threats and intimidation by Horana police to withdraw his case against them 

Dear friends,

The Asian Human Rights Commission (AHRC) has been informed that a torture victim, who filed a charge of torture against the officer-in-charge (OIC) and a police constable from the Horana police station, has been threatened and intimidated by them in an effort to pressure him to withdraw his complaint. The victim, who was a minor when the incident took place on 8 July 2003, has been in hiding in various places for fear of his life. However, it was reported that the perpetrators have been monitoring his movement and have managed to keep track of him.

Despite the charges against the perpetrators, no sanctions or restrictions have been imposed on them. In fact, they have continued to work in the same police unit where the incident of torture took place. The victim and his family are presently under pressure by them to withdraw the charges they filed. The absence of protection and refuge for the victim seriously jeopardises his and his family’s safety.

As the National Human Rights Commission (NHRC) and the National Police Commission (NPC) have failed to resolve this case, the victim and his family will continue to endure threats and intimidation.

We urge your immediate intervention asking the government of Sri Lanka to initiate prompt action to ensure the safety of the victim and his family. They must be placed under the state witness protection program while the case is in progress, and be provided any other assistance required to ensure their safety.

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

Name of the victim: Mohamed Priyantha (20) a resident of Aggona, Halthotiyawatte, Horana
Date and place of torture: 8 July 2003 inside the Horan police station
Alleged perpetrators: Officer-in-charge (OIC) and a police constable No 31288 of the Horana police station
Status of the case: The victim fears for his life after he was threatened, intimidated and under constant pressure by the perpetrators to withdraw his case against them

Case detail:

On 8 July 2003, the victim Mohamed Priyantha (20) was arrested by the Horana police and illegally detained for six days. While under police custody, Priyantha was severely tortured and forced to perform various errands for the police personnel. He was made to clean drainages, collect coconuts and made to work in the kitchen. Despite the torture and duties expected of him, the victim was never charged.

Priyantha, who was only 17-years-old when the incident took place, was released on 13 July 2003 after his mother made a complaint, with help of a human rights group, to the Human Rights Commission of Sri Lanka (NHRC).

Priyantha’s mother, who is an extremely poor and a daily paid domestic worker, lodged a complaint before the National Human Rights Commission (NHRC) and the National Police Commission (NPC). As a result, the NHRC held an inquiry bearing No. HRC/4802/I(ii). It was reported that the inquiry has already been completed but the victim has not yet been notified of the result. Respondents to the complaint were the officer-in-charge (OIC) and the policemen from the Horana police station.

Following his detention, Priyantha has consistently been receiving messages from the perpetrators demanding him to withdraw his complaint against them. About three months ago, Priyantha was informed by a friend that the perpetrators had been looking for him. He was also told that he would be killed if he continues with the case filed before the NHRC and NPA. After he was informed of this, the victim, who was employed as a helper at a building site in Colombo, had to transfer to the Vavuniya, which is approximately 250 kilometers from Colombo, for fear of his life.

Just two weeks ago, Priyantha returned home after he finished his work in Vavuniya. This time, the perpetrators together with some four policemen, paid a visit to their house and inquired from the victim’s younger sister as to his whereabouts. Following the incident, the victim immediately packed his bags and went to live elsewhere in a effort not to be found.

However, two days later two policemen located Priyantha whereabouts. Priyantha’s sister denied his presence and later told Priyantha to leave their house and hide out of our safety. With nowhere to go, Priyantha had no choice but to return to his parent’s home on 2 June 2005.

After the police became aware of his return, they again started paying visits to his family’s home. It was reported that the police have continued to intimidate and harass the victim and his family by passing through their house several times a day onboard a police service vehicle. The victim is in terrible fear for his life as a result of the perpetrators continued presence in the area. The victim has not been placed under state witness protection despite of the situation he faces. The victim and his family however, are adamant that they will not settle or compromise in the case.

It was reported that no disciplinary action has been imposed on the perpetrators by the police department or the National Police Commission (NPC). They have continued to perform their duty at the same police station despite the allegations charged before them by the NHRC and NPC. Such conduct undermines the Sri Lanka’s law against torture.

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