Dear friends,
The Asian Human Rights Commission (AHRC) writes to inform you that a police sergeant, who was found by the court to have violated a torture victim’s fundamental rights and is still facing another charges for torturing him nearly two years ago, had been reinstated.
UPDATED INFORMATION:
We have already reported that on 21 July 2006, Mr. Hevamarambage Premalal was allegedly tortured by police sergeant, Samaranayake, and other officers attached to the Wanduramba Police Station. To see further details about his case please refer to:UA-247-2006, UP-146-2006 and UP-163-2006,
However, according to the latest information, Samaranayake, has now been reinstated and has resumed his duties as a police officer despite his torture case being pending in the High Court. He is presently with the Hikkaduwa Police Station. Samaranayake’s reinstatement has been brought to the attention of the High Court where his case is pending.
The victim also filed a fundamental rights case at the Supreme Court (SCR/263/06) which was decided on 25 January 2008. The Bench found that Samaranayake had violated the victim’s rights and ordered him to pay the victim compensation in the sum of Rs. 100,000.00, for causing physical injuries on him.
Apart from the case the victim filed with the SC, he also filed another case under the Torture Act, Act No. 22 of 1994, (HC3102/07) which is the case pending.
When Sergeant Samaranayake’s case was in progress with the SC, he was suspended from his work as is customary with police officers who have charges against them pending in court. However, Samaranayake’s has been reinstated despite having a further pending case with the HC.
According to the legal provisions, a police officer who has pending case before should have been suspended and cannot be allowed to carry on their duties while their case until the case is finalised in their favour.
SUGGESTED ACTION:
Please write letters to the relevant authorities requesting for their prompt intervention regarding this case. The concerned authorities should provide sufficient explanation as to what justification or reasons the police officer is reinstated.
The AHRC has also written separate letter to the UN Special Rapporteur on Question of Torture calling for his intervention.
To support this case, please click here: SEND APPEAL LETTER
SAMPLE LETTER
Dear __________,
SRI LANKA: Please investigate the reinstatement of a police officer with pending case in court
Name of victim: Mr. Hevamarambage Premalal, 32 years old; father of three children and resident of Waduraba.
Name of police officer who was reinstated:
Mr. Samaranayake, a police sergeant; he was formerly attached to the Wanduramba Police Station and is presently with the Hikkaduwa Police Station
Status of the case: In January 25, the Supreme Court (SC) found Samaranayake to have violated the victim’s rights. Apart from the fundamental rights application he had filed with the SC, he also filed another case under the Torture Act, Act No. 22 of 1994, which is now pending with the High Court (HC).
I am writing to voice my serious concern at the reinstatement of police sergeant Samaranayake, a police officer who had been accused of torturing the victim nearly two years ago. He had been found by the Supreme Court (SC) to have violated the victim’s fundamental rights in its decision on January 25 of this year.
The SC has also ordered sergeant Samaranayake to pay the victim a sum of Rs. 100,000.00, as compensation for causing him physical injuries.
Apart from that, the victim had also filed another complaint under the Torture Act No. 22 of 1994, with Case No. H.C.3102/07, which remains pending before the High Court. However, even before the case is completed in court Samaranayake had already been allowed to carry on his duty after having been reinstated.
At the time sergeant Samaranayake’s case was pending before the SC, I am aware that he had been suspended from his work while the trial was in progress. Any police officer facing charges in court should have been suspended from his duty, as what had previously been imposed on him when his case was pending with the SC. However, I am surprised for what justifications or reasons as to why he has not been suspended but instead reinstated despite having pending torture case with the HC.
I am deeply concerned that sergeant Samaranayake, by allowing him to carry on his duties, would have been able to, once again, abuse his authority. I am deeply concerned that this would have serious implications on the victim as well.
I therefore urge you to act promptly to ensure that Samaranayake’s reinstatement to his service is immediately reconsidered. There should also be a sufficient explanation and justification as to why he had been reinstated. A credible inquiry should also be conducted immediately; and should his reinstatement is found unlawful, those responsible should be held to account.
Yours sincerely,
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PLEASE SEND YOUR LETTERS TO:
1. Mr. Mahinda Rajapakse
President
Socialist Democratic Republic of Sri Lanka
C/- Office of the President
Temple Trees
150, Galle Road
Colombo 3
SRI LANKA
Fax: +94 11 2472100 / +94 11 2446657
E-mail: secretary@presidentsoffice.lk
2. Mr. Ratnasiri Wickremanayake
Prime Minister
Temple Trees
Galle Road, Colombo 03
SRI LANKA
Tel: +94 11 2 575317-8 or 370 737-8
Fax: +94 11 2 575454
3. Mr. Amarasiri Dodangoda, MP
Minister of Justice
Ministry of Justice and Law Reforms
Superior Courts Complex,
Colombo 12
Tel: 94 11 2384837, 2324681, 2392932
Fax: 94 11 2325354 / 2445446
4. Attorney General
Attorney General’s Department
Colombo 12
SRI LANKA
Fax: +94 11 2 436421
Email: attorney@sri.lanka.net
5. Mr. Victor Perera
Inspector General of Police
New Secretariat
Colombo 1
SRI LANKA
Fax: +94 11 2 440440/327877
E-mail: igp@police.lk
6. Mr. Neville Piyadigama
Chairperson
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
7. 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)
