Dear friends,
The Asian Human Rights Commission (AHRC) has received information about a 17 year old young man. His grandmother was missing and later found dead, floating in the Maussakele Reservoir nearby. The family members sought police help to investigate for a possible crime. Without proper investigation the young man was arrested, tortured and pressured to admit responsibility for the drowning. When he refused, he was produced before the magistrate’s court.
CASE NARRATIVE:
Recently, the Asian Human Rights Commission (AHRC) received notice of a case where a complainant was prosecuted without proper investigation by the police. It was met with a lukewarm reception.
Philip Dayana (17), is a student at St. Joseph’s College Maskeliya in Nuwara Eliya District. He has a sister and a younger brother who is still studying.
Dayana’s paternal grandmother was living with them at Brownlow Estate, Maslkeliya. On the 21st of February 2014, when Dayana was in school with his brother, his grandmother Viyagulam Jesu Mary had gone missing. The elder sister, Therese Mary, called 911. Police officers of the Maskeliya Police Station came to the house and questioned all family members about the death of the grandmother.
In this connection, Dayana’s mother was arrested. Dayana was asked to come to the police station along with Therese Mary. On 24 February 2014, he went to the Maskeliya Police Station with his father. Dayana was arrested, tortured and detained at the police station for two days.
Dayana was questioned by a Women Police Constable (WPC). She pressured him to accept that he and other family members murdered his grandmother, carrying and putting her body in the Maussakele Reservoir. He vehemently denied all these allegations.
Dayana was taken to a room, slapped several times and beaten with a piece of floor tile. Her toes were beaten while he was made to lie down on a bench. Two women constables forced him to drink chili powder mixed with water. One of the WPC’s kicked Dayana as he was lying on the floor, smashing his face with her boot. The WPC threatened, that if he did not accept the allegations, she would call male officers who would torture and rape him. Dayan did not accept these allegations, and continuously pleaded that he was innocent.
Dayana was brought by police vehicle and produced before the Magistrate of Hatton and remanded. He was produced as a suspect in connection with the alleged murder of his grandmother. He states that he was illegally arrested, tortured, detained and produced before the courts without a proper investigation. He said that his fundamental rights, guaranteed under the Constitution, have been violated by the police officers. He seeks justice.
SUGGESTED ACTION:
Please request the authorities to prosecute those proven to be responsible for misusing the powers of the state. All officers involved must be subject to internal investigations for breach of departmental orders. Request the NPC and the IGP to conduct a special investigation into the malpractice of the police officers.
Please note that the AHRC will write a separate letter to the Chairperson of the UN Committee on the Rights of the Child in this regard.
To support this case, please click here: SEND APPEAL LETTER
SAMPLE LETTER
Dear ………………..,
SRI LANKA: Complainant arrested, tortured and produced before the Courts
Name of the victim: Philip Dayana of Brownlow Estate, Maslkeliya in Nuwara Eliya District.
Alleged perpetrators: Officer-in-Charge (OIC) of Police Station of Maskeliya, and two other women police officers
Date of incident: 21 February 2014
Place of incident: Maskeliya Police Division.
I am writing to express my serious concern over the case of Philip Dayana, a complainant who was prosecuted without proper investigation by the police.
Philip Dayana (17), is a student at St. Joseph’s College Maskeliya in Nuwara Eliya District. He has a sister and a younger brother who is still studying.
Dayana’s paternal grandmother was living with them at Brownlow Estate, Maslkeliya. On the 21st of February 2014, when Dayana was in school with his brother, his grandmother Viyagulam Jesu Mary had gone missing. The elder sister, Therese Mary, called 911. Police officers of the Maskeliya Police Station came to the house and questioned all family members about the death of the grandmother.
In this connection, Dayana’s mother was arrested. Dayana was asked to come to the police station along with Therese Mary. On 24 February 2014, he went to the Maskeliya Police Station with his father. Dayana was arrested, tortured and detained at the police station for two days.
Dayana was questioned by a Women Police Constable (WPC). She pressured him to accept that he and other family members murdered his grandmother, carrying and putting her body in the Maussakele Reservoir. He vehemently denied all these allegations.
Dayana was taken to a room, slapped several times and beaten with a piece of floor tile. Her toes were beaten while he was made to lie down on a bench. Two women constables forced him to drink chili powder mixed with water. One of the WPC’s kicked Dayana as he was lying on the floor, smashing his face with her boot. The WPC threatened, that if he did not accept the allegations, she would call male officers who would torture and rape him. Dayan did not accept these allegations, and continuously pleaded that he was innocent.
Dayana was brought by police vehicle and produced before the Magistrate of Hatton and remanded. He was produced as a suspect in connection with the alleged murder of his grandmother. He states that he was illegally arrested, tortured, detained and produced before the courts without a proper investigation. He said that his fundamental rights, guaranteed under the Constitution, have been violated by the police officers. He seeks justice.
I therefore request your urgent intervention with the authorities listed below. There has to be an investigation of the incident and prosecution of those responsible. All officers involved must be subject to internal investigations for breach of departmental orders.
Yours sincerely,
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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
Attorney General
Attorney General’s Department
Colombo 12
SRI LANKA
Fax: +94 11 2 436421
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
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Thank you.
Urgent Appeals Programme
Asian Human Rights Commission (ua@ahrc.asia)
