The Asian Human Rights Commission today wrote to the UN Special Rapporteur against Torture regarding a case of torture and illegal dentetion for seven days at the Moratuwa Police Station which also filed a charge under illegal possession of drugs to take revenge on the toture victim who made a complaint to the higher police authorities and human rights organisations. The AHRC urged the UN Rapporteur to intervene to request the Sri Lankan government to investigate this matter and to prevent a miscarriage of justice.
Mr. Sarath Kumara Naidos Naidos was arrested by the Moratuwa Police regarding an allegation of theft on July 5 and was detained at the Moratuwa Police Station. During this period from July 5 to July 13, Mr. Naidos was repeatedly tortured and was told to hand over some stolen properties. As he denied the charges and was in no position to return them he was constantly assaulted. When representations were made on his behalf it was said that if he hands over the stolen property he would be released.
The following persons visited Mr. Naidos at the Moratuwa Police Station during his detention: his wife, with their child visited him many times. An attorney-at-Law, Ms. Shamila, visited him twice between the July 5 and July 11. On July 11 at 3 p.m., Ms. Niluka Silva, Attorney-at-law also visited him at the station and she was accompanied by three other persons. On July 11, the Human Rights Commission of Sri Lanka (HRCSL), the National Police Commission, the Inspector General of Police, and a Deputy Inspector General of Police, Western Province were informed about the arrest, detention and torture of Mr. Naidos through facsimile messages. On July 11 the HRCSL was also informed about these matters by telephone and on July 12, during the day, three telephone calls were made to inform the HRCSL about the matter. At around 3:30 p.m. on the 12th Mr. Thangavelu, Attorney-at-Law who was formerly a deputy Inspector General of Police was contacted on this matter and he issued a lawyers notice to the IGP and other high ranking police officers of the area about the matters mentioned above.
On the July 13 the Moratuwa police produced Mr. Naidos at the Moratuwa Magistrate’s Court and filed two cases against him. One was case No. 89984 for alleged theft. A further case bearing No. 90215 was filed alleging that Mr. Naidos was arrested on July 12, 2008 at 11:30 p.m. for alleged possession of 2,300 milligrams of heroin.
The AHRC requested the Special Rapporteurs urgent intervention to ensure the following redress from the Sri Lankan government:
a. To investigate the allegation of torture of Mr. Naidos over this whole period while he was in detention.
b. To immediately take steps to investigate the fabricated charge of possession of heroin which is a charge which is unbailable and can lead to the death sentence. As the suspect, Mr. Naidos was in police custody from July 5 up to July 13 when he was produced in the Magistrate’s Court it was simply impossible for him to have been in possession of 2,300 milligrams of heroin on 11:30 p.m. on July 12. The evidence of the persons who visited Mr. Naidos from July 5 to July 13 at the Moratuwa police station can be adduced to demonstrate the falsity of this charge.
c. Investigate into the illegal detention of Mr. Naidos from July 5 to July 13 on a charge of theft where the prescribed period of detention is only 24 hours.
Furthermore, as this victim needs medical treatment for the prolonged torture he has suffered, and also that he could be in serious danger if the fabricated charge of possession of heroin is pursued, prompt intervention on this matter would bring relief to this victim. There were earlier instances when attempts were made to introduce bombs in the possession of torture victims. However, due to timely intervention which lead to inquiries such charges have not been pursued. The case of Palitha Thissa Kumara was one such instance.
