Dear friends,
The Asian Human Rights Commission (AHRC) has received information that Mr. Samarasinghe Arachchilage Samantha Dassanayake is a jailor of the Sri Lanka Prison Department attached to the Negombo Prison. He was illegally arrested and detained by the officers of the Seeduwa Police Station who allowed a ward member of Negombo Municipal Council and his son-in-law to torture him. Samantha had gone to the police station to assist a friend whose vehicle had been erroneously impounded by the officers. Samantha was illegally detained and laid with false charges of involvement in the theft of a vehicle.
This case is yet another illustration of the exceptional collapse of the rule of law in the country.
CASE NARRATIVE:
According to the information received by the Asian Human Rights Commission (AHRC) Mr. Samarasinghe Arachchilage Samantha Dassanayake is a jailor of the Sri Lanka Prison Department attached to the Negombo Prison. He is married and is said to have an impeccable service record with the Department.
In the evening of 30 July 2013 Samantha went to the Seeduwa Police Station to assist his friend to make a complaint and obtain justice. This was regarding information that his friend, A.M. Naweendra Chandraratne, was assaulted by Daya Nilanga Silva, the son-in-law of Ramyasiri de Soiza, who is said to be a ward member of Negombo Municipal Council.
When Samantha was inside the police station this particular ward member then informed the officers at Seeduwa that Samantha Dassanayake was one of the persons who came with Nimal Samarasinghe on the 9 November in 2012 for the robbery of vehicle with registration number, GB 0189. This was a complete baseless statement which Samantha vehemently denied and informed the officers that he is a jailor attached to the Prison Department. However, the police officers immediately arrested and locked him up. Samantha Dassanayake was detained there for almost an entire day due to the completely false complaint initiated by Ramyasiri de Soyza’s and his kith and kin.
Samantha learned that earlier on the 30 July 2013 vehicle numbered GB 5085 was being used by the present registered owner, Samantha’s friend, Mr. Chandraratne and officers attached to the Seeduwa Police stopped the vehicle and impounded it. Samantha questioned the officers for the reason for impounding the vehicle when his friend had all the legal documents and had not committed any traffic offense.
By this time Samantha realised that the police officers were following the advice of Ramyasiri de Soiza and collaborating with him to arrest and insult both him and his friend. Samantha requested the officers to work legally and follow the law.
Then Samantha was suddenly assaulted by Daya Nilanga Silva, the son-in-law of Ramyasiri de Soiza in front of the police officers inside the police station. None of the officers made any attempt to prevent the assault from taking place or take any action against the blatantly illegal action of Mr. Daya Nilanga Silva.
When he was in police custody, due to the assault he was bleeding continuously from his left ear. While he was in the holding cell the Ramyasiri de Soiza approached and sarcastically asked him how he was feeling. de Soiza threatened him and warned him to be careful or he would face bigger problems. The police officers who witnessed this exchange did not take any action against de Soiza or his son-in-law, Daya Nilanga Silva.
Later that night one of the Assistant Superintendents of Police (ASP) came and took a statement from Samantha and the following day (31 July 2013) he was released. He was later admitted to the Negombo General Hospital.
Samantha states that he was illegally arrested, detained by officers of the Seeduwa Police Station who permitted him to be tortured by Ramyasiri de Soiza, the ward member of Negombo Municipal Council and his son-in-law, Mr. Daya Nilanga Silva which under Sri Lankan law constitutes torture by state officers.
Samantha complained to the Human Rights Commission of Sri Lanka (HRC), the Inspector General of Police (IGP), and the National Police commission (NPC) seeking an independent, impartial, prompt and efficient inquiry into the violation of his rights. However, as at the time of writing none of these authorities have initiated any inquiry into the matter which continues to violate his rights. Samantha and his family members seek justice and the protection of his rights as enshrined in the Constitution of Sri Lanka.
SUGGESTED ACTION:
Please send a letter to the authorities expressing your concern about this case and requesting an immediate investigation into the allegations of the torture of an innocent by a private party with the collaboration of police officers and denying justice and an independent inquiry. Please request the authorities for the prosecution of those proven to be responsible under the criminal law of the country for misusing powers of a state. The officers involved must also be subjected to internal investigations for the breach of the department orders as issued by the police department. Further, please also request the NPC and the IGP to have a special investigation into the malpractices of the police officers for abusing the state officers’ powers.
Please note that the AHRC has also written a separate letter to the Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment on this regard.
To support this case, please click here: SEND APPEAL LETTER
SAMPLE LETTER
Dear ________,
SRI LANKA: Torture, inhumane degrading treatment and harassment of a prison officer
Name of the victim: Mr. Samarasinghe Arachchilage Samantha Dassanayake
Alleged perpetrator: Ramyasiri de Soiza, the ward member of Negombo Municipal Council and his son-in-law, Mr. Daya Nilanga Silva and officers attached to the Seeduwa Police Station
Date of incident: 30 of July, 2013
Place of incident: Seeduwa Police Station
I am writing to express my serious concern over the case of Mr. Samarasinghe Arachchilage Samantha Dassanayake. Samantha is a jailor of the Sri Lanka Prison Department attached to the Negombo Prison. He is married and is said to have an impeccable service record with the Department.
In the evening of 30 July 2013 Samantha went to the Seeduwa Police Station to assist his friend to make a complaint and obtain justice. This was regarding information that his friend, A.M. Naweendra Chandraratne, was assaulted by Daya Nilanga Silva, the son-in-law of Ramyasiri de Soiza, who is said to be a ward member of Negombo Municipal Council.
When Samantha was inside the police station this particular ward member then informed the officers at Seeduwa that Samantha Dassanayake was one of the persons who came with Nimal Samarasinghe on the 9 November in 2012 for the robbery of vehicle with registration number, GB 0189. This was a complete baseless statement which Samantha vehemently denied and informed the officers that he is a jailor attached to the Prison Department. However, the police officers immediately arrested and locked him up. Samantha Dassanayake was detained there for almost an entire day due to the completely false complaint initiated by Ramyasiri de Soyza’s and his kith and kin.
Samantha learned that earlier on the 30 July 2013 vehicle numbered GB 5085 was being used by the present registered owner, Samantha’s friend, Mr. Chandraratne and officers attached to the Seeduwa Police stopped the vehicle and impounded it. Samantha questioned the officers for the reason for impounding the vehicle when his friend had all the legal documents and had not committed any traffic offense.
By this time Samantha realised that the police officers were following the advice of Ramyasiri de Soiza and collaborating with him to arrest and insult both him and his friend. Samantha requested the officers to work legally and follow the law.
Then Samantha was suddenly assaulted by Daya Nilanga Silva, the son-in-law of Ramyasiri de Soiza in front of the police officers inside the police station. None of the officers made any attempt to prevent the assault from taking place or take any action against the blatantly illegal action of Mr. Daya Nilanga Silva.
When he was in police custody, due to the assault he was bleeding continuously from his left ear. While he was in the holding cell the Ramyasiri de Soiza approached and sarcastically asked him how he was feeling. de Soiza threatened him and warned him to be careful or he would face bigger problems. The police officers who witnessed this exchange did not take any action against de Soiza or his son-in-law, Daya Nilanga Silva.
Later that night one of the Assistant Superintendents of Police (ASP) came and took a statement from Samantha and the following day (31 July 2013) he was released. He was later admitted to the Negombo General Hospital.
Samantha states that he was illegally arrested, detained by officers of the Seeduwa Police Station who permitted him to be tortured by Ramyasiri de Soiza, the ward member of Negombo Municipal Council and his son-in-law, Mr. Daya Nilanga Silva which under Sri Lankan law constitutes torture by state officers.
Samantha complained to the Human Rights Commission of Sri Lanka (HRC), the Inspector General of Police (IGP), and the National Police commission (NPC) seeking an independent, impartial, prompt and efficient inquiry into the violation of his rights. However, as at the time of writing none of these authorities have initiated any inquiry into the matter which continues to violate his rights. Samantha and his family members seek justice and the protection of his rights as enshrined in the Constitution of Sri Lanka.
I therefore request your urgent intervention to ensure that the authorities listed below instigate an immediate investigation into the allegations of torturing and the violating victim’s rights by police by preventing of getting justice. I further request for the prosecution of the responsible persons under the criminal law of the country for misusing powers of state officers. The officers involved must also be subjected to internal investigations for the breach of the department orders as issued by the department.
Yours sincerely,
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PLEASE SEND YOUR LETTERS TO:
1. Mr. N K Illangakoon
Inspector General of Police
New Secretariat
Colombo 1
SRI LANKA
Fax: +94 11 2 440440 / 327877
E-mail: igp@police.lk
2. Mr. Sarath Palitha Fernando
Attorney General
Attorney General’s Department
Colombo 12
SRI LANKA
Fax: +94 11 2 436421
E-mail: ag@attorneygeneral.gov.lk
3. Secretary
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 or polcom@sltnet.lk
4. Secretary
Sri Lanka Human Rights Commission
No: 165 Kynsey Road,
Borella, Colombo 8.
SRI LANKA
Fax: +94 11 2694924
Email: sechrc@sltnet.lk
Thank you.
Urgent Appeals Programme
Asian Human Rights Commission (ua@ahrc.asia)
