Dear Friends,
According to information received by the Asian Human Rights Commission, Mr. Benedict Selvaraj, a mason living in Hantana Estate, Kandy has been assaulted, arrested and threatened with torture by police officers attached to the Crime Branch of the Kandy Police. Benedict has been arrested and later assaulted during a church procession in full view of the public. Police officers have then dragged Benedict, hurled him into a three wheeler in which they arrived in and had been assaulted several times inside the vehicle, slapped and abused in foul language and continued to be assaulted later at the police station, where he had been forced to confess to stealing missing parts of a machine belonging to the Derana TV station. Benedict had been then threatened with torture, and realising that he was going to be taken away into a police torture chamber, later that evening, had managed to escape police custody in fear of further intimidation and is seeking protection for his life.
CASE NARRATIVE:
Benedict Selvaraj, is a mason, is married, and lives with his parents in Hantana Estate in Kandy Sri Lanka. Along with a few colleagues, Benedict had some time back, accepted a contract, to carry a piece of heavy equipment belonging to the “Derana TV Station, up to the Hantana mountain peak. In their attempts to carry the equipment up the mountain, Benedict had realised that the said piece of equipment was too heavy for them to haul up the steep mountain terrain to the peak in Hantana and therefore, together with his colleagues decided to terminate the agreement and informed the contractor/owner representing the Derana TV station, that they cannot complete the services as agreed. According to information we have received, at the time, the contractor had already made the payment to Benedict, of the agreed amount.
Three months, following this incident , the contractor/owner of the equipment, had lodged a complaint with the Kandy Police station alleging that some parts of the equipment/machine was missing and that Benedict and his colleagues are responsible for the missing parts.
Following this complaint police officers from the Kandy police crime branch have apprehended Benedict while he was taking part in a church procession carrying a statue , have arrested him in full view of a large gathering at the church feast at around 1.30 p.m. on 25th January 2015. According to eye witness reports, the police officers had arrived there on a three wheeler with the complainant.
Police officers have then dragged Benedict, hurled him into the same three wheeler they had arrived in and while the large crowd was watching, had been assaulted several times inside the vehicle, slapped and abused in foul language and continued to assault him on the way to the police station.
At the police station, Benedict had been forced to confess to stealing the missing parts of the machinery. He had been then threatened with torture, and realising that Benedict was going to be taken away in another police vehicle, a jeep into another police torture chamber, later that evening had managed to escape and run away from the police chamber in fear of being tortured and in virtual fear for his life.
Following his escape the police had launched a search operation to once again apprehend Benedict. However, after several days in hiding, he had presented himself at the police station with the assistance of a lawyer. After recording a statement, Benedict was later released on police bail after his statement was recorded. During the recording of the statement police officers have instructed him to inform his other colleagues, who contracted with him to transport the equipment, to also surrender to the police for questioning.
However, since none of his colleagues surrendered to the Kandy police station to-date, Benedict fears that he would be re-arrested and would eventually be tortured by the Kandy police. Benedict believes that the complainant had bribed the police officers to arrest and threaten Benedict.
Benedict who was arrested, assaulted and publicly insulted without any evidence whatsoever, on an entirely false charge of an alleged theft, is now living in fear of his life and has left his home in fear.
SUGGESTED ACTION:
Please request the authorities to take disciplinary action against those police officers responsible for the, arbitrary arrest, assault and abuse meted out to Benedict without any evidence or an investigation whatsoever. Please also request the NPC and the IGP to conduct an investigation into the actions of the police officers and also the supervising OIC for his failure to duly administer his duties in the above incident. Please also call on the relevant authorities to provide adequate protection, relief, and justice to the victim Benedict Selvaraj, who lives I fear of further intimidation and threats from the police.
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SAMPLE LETTER
Dear ………………..,
SRI LANKA: Benedict Selvaraj – arrested, assaulted, and forced to confess
Name of the victim: Benedict Selvaraj, Hantana Estate Kandy , Sri Lanka
Alleged perpetrators: Officer-in-Charge (OIC) of Crime Branch Kandy Police Station, Kandy
Date of incident: 25th January 2015
Place of incident: Kandy Police Division
I am writing to express my serious concern about the case of Mr. Benedict Selvaraj, a mason living in Hantana Estate, Kandy has been assaulted, arrested and threatened with torture by police officers attached to the Crime Branch of the Kandy Police. Benedict has been arrested and later assaulted during a church procession in full view of the public. Police officers have then dragged Benedict, hurled him into a three wheeler in which they arrived in and had been assaulted several times inside the vehicle, slapped and abused in foul language and continued to be assaulted later at the police station, where he had been forced to confess to stealing missing parts of a machine belonging to the Derana TV station. Benedict had been then threatened with torture, and realising that he was going to be taken away into a police torture chamber, later that evening, had managed to escape police custody.
Benedict Selvaraj, is a mason, is married, and lives with his parents in Hantana Estate in Kandy Sri Lanka. Along with a few colleagues, Benedict had some time back, accepted a contract, to carry a piece of heavy equipment belonging to the “Derana TV Station, up to the Hantana mountain peak. In their attempts to carry the equipment up the mountain, Benedict had realised that the said piece of equipment was too heavy for them to haul up the steep mountain terrain to the peak in Hantana and therefore, together with his colleagues decided to terminate the agreement and informed the contractor/owner representing the Derana TV station, that they cannot complete the services as agreed. According to information I have received, at the time, the contractor had already made the payment to Benedict, of the agreed amount.
Three months, following this incident , the contractor/owner of the equipment, had lodged a complaint with the Kandy Police station alleging that some parts of the equipment/machine was missing and that Benedict and his colleagues are responsible for the missing parts.
Following this complaint police officers from the Kandy police crime branch have apprehended Benedict while he was taking part in a church procession carrying a statue , have arrested him in full view of a large gathering at the church feast at around 1.30 p.m. on 25th January 2015. According to eye witness reports, the police officers had arrived there on a three wheeler with the complainant.
Police officers have then dragged Benedict, hurled him into the same three wheeler they had arrived in and while the large crowd was watching, had been assaulted several times inside the vehicle, slapped and abused in foul language and continued to assault him on the way to the police station.
At the police station, Benedict had been forced to confess to stealing the missing parts of the machinery. He had been then threatened with torture, and realising that Benedict was going to be taken away in another police vehicle, a jeep into another police torture chamber, later that evening had managed to escape and run away from the police chamber in fear of being tortured and in virtual fear for his life.
Following his escape the police had launched a search operation to once again apprehend Benedict. However, after several days in hiding, he had presented himself at the police station with the assistance of a lawyer. After recording a statement, Benedict was later released on police bail after his statement was recorded. During the recording of the statement police officers have instructed him to inform his other colleagues, who contracted with him to transport the equipment, to also surrender to the police for questioning.
However, since none of his colleagues surrendered to the Kandy police station to-date, Benedict fears that he would be re-arrested and would eventually be tortured by the Kandy police. Benedict believes that the complainant had bribed the police officers to arrest and to threaten Benedict.
Benedict who was arrested, assaulted and publicly insulted without any evidence whatsoever, on an entirely false charge of an alleged theft, is now living in fear of his life and has left his home in fear.
I therefore request your urgent to ensure that disciplinary action is launched against those police officers responsible for the, arbitrary arrest, assault and abuse meted out to Benedict without any evidence or an investigation whatsoever. I also urge the NPC and the IGP to conduct an investigation into the actions of the police officers and the supervising OIC for his failure to duly administer his duties in the above incident. Please provide adequate protection, relief and justice to the victim Benedict Selvaraj, who fears further intimidation from the police.
Yours Sincerely,
PLEASE SEND YOUR LETTERS TO:
Mr. N.K. Illangakoon
Inspector General of Police
New Secretariat
Colombo 1
SRI LANKA
Fax: +94 11 2 440440
Email: com@police.lk
Mr. Yuvanjana Wijayatilake, PC
Attorney General
Attorney General’s Department
Colombo 12
SRI LANKA
Fax: +94 11 2 436421
Email: administration@attorneygeneral.gov.lk
Secretary
National Police Commission
3rd Floor Rotunda Towers
109 Galle Road
Colombo 03
SRI LANKA
Tel/Fax: +94 11 2 395960
Email: polcom@sltnet.lk
Secretary
Human Rights Commission of Sri Lanka
No 108 Barnes Place
Colombo 07
SRI LANKA
Tel: +94 11 2 694 925 / 673 806
Fax: +94 11 2 694 924 / 696 470
Email: sechrc@sltnet.lk
Thank you.
Urgent Appeals Programme
Asian Human Rights Commission (ua@ahrc.asia)
