SRI LANKA: Torture victim continuously denied examination and medical treatment in detention

Dear friends,

The Asian Human Rights Commission (AHRC) writes to inform you that a man, who had to endure a court trial over false charges laid on him for assaulting policemen two years ago, has been continuously deprived of medical examination and treatment while in detention. The policemen tortured him in custody after they arrested him again in May 2008.

CASE DETAILS: (According to the testimony of the victim’s parents, S. Devarajah and his wife, Rajletchami)

Sometime in July 2006 there was a clash between policemen and some youth of Ambakotte. At that time, the policemen came to the village in plainclothes and beat some youths. The youth, who did not know that they were policemen, retaliated and beat them in return. This incident took place in front of a small boutique owned by the victim’s family.

According to S. Devarajah, his son, Muralitharan Rajah, was inside their house and had nothing to do with the incident. Murali is the only son of the family. He was born in Kandy and studied at Kandy Asoka College and St. Sylvester’s College. After his Advanced Level examination he had been helping his parents in their business.

Despite not having been involved in the clash, the policemen arrested Murali on 21 October 2006. He was then produced before the Teldeniya Magistrate Court and was imprisoned on false charges of assaulting the policemen; and only in December 2006 was he released but his trial proceeds.

After having been released from prison, the police, every Sunday, needlessly required him to appear and sign a document at the Teldeniya Police Station.

On 28 May 2008 about 11am, while Murali was returning home from the court in Teldeniya, after attending a hearing of his case, policemen from the Criminal Investigation Division (CID) arrested him again outside the courthouse.

Murali was then taken to the Teldeniya Police Station where he was beaten severely in open view of his mother, Rajletchami. He had been taken, in handcuffs, on a three wheeler to the police station. After alighting from the vehicle, five to ten police constables started beating him with their hands and feet. He also suffered burns to his legs and had wounds all over his body. The policemen then tortured him the whole night inside the Police Station.

On 25 September 2008, after having been detained at the Teldeniya Police Station and subsequently at the Manikhinna Police Station of the Kandy Police Division for almost four months, Murali was produced before the Magistrate Court in Kandy. He is presently detained in Bogambara prison. The case was called up on 9 November 2008 in the Kandy Magistrate Court but was postponed until 1 December 2008.

While in detention Murali was never seen or examined by a Judicial Medical Officer (JMO) nor was he given treatment for the injuries he had suffered.

The police officers are angry with the youth of Ambakotte for assaulting their men in July 2006.  Although Murali was not involved in the assault, his parents believe the policemen fabricated charges against their son, accusing him of having been involved in terrorist activities at the time. Some other youth were also taken to Colombo for involvement in the same incident and they are allegedly being held by the CID

SUGGESTED ACTION:
Please write letters to the concerned authorities below asking for their intervention to immediately ensure that the victim is examined by a medical doctor and receives treatment for his injuries. The charges the police have laid on him should be withdrawn and he must be released unconditionally.

The AHRC is also writing letters to the United Nations Special Rapporteur on the Question of Torture and the Working Group on arbitrary detention.

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