Dear Friends,
The Asian Human Rights Commission has received information regarding the illegal arrest and probable torture of Mr. Sandanayaka Mudiyanselage Nishan Priyashantha on 6 June 2017. Without being involved in any crime, Mr. Sandanayaka was arrested at the Minuwangoda Magistrate’s Court premises and brought to the Seeduwa Police Station. His relatives believe he has been severely tortured there. Until now, his family has been unable to visit him.
Case Narrative:
Mr. Sandanayaka Mudiyanselage Nishan Priyashantha is married to Ms. Herath Mudiyanselage Nimasha Divyanjalee (21) and they both live with Nishan’s mother, Lalani Swarnalatha, at her house at No. 33, Madama Watte, Ekala in Gampaha District. They live in a peaceful manner and there have been no complaints of any crimes against them before any police station.
On 6 June 2017, Nishan along with his wife Nimasha went to the magistrate’s court premises of Minuwangoda to meet one of their friends. The friend was waiting to meet a lawyer for his consultation. Meanwhile, between 2:30 – 3 p.m., four police officers in civilian clothes suddenly approached them and held Nishan by both of his hands. Then he was dragged on the ground for a distance of 100 meters by the officers. Nimasha followed the officers and pleaded with them to release her husband, repeatedly telling them that he is innocent. The officers replied that they are police officers and they are taking Nishan to the Minuwangoda Police Station.
Nimasha immediately took a three-wheeler to the Minuwangoda Police Station. She approached the officer at the reception and questioned whether any person called Nishan had been brought. The officer clearly told that her that no person in that name had been brought, nor are they aware of such a person. Nimasha then started to scream, in fear for her husband’s life. Another officer at the police station observing her informed her that her husband was brought to the Seeduwa Police Station a little while ago.
Nimasha called her mother-in-law, Lalani Swarnalatha and informed what happened to her son. Later, she returned home. Meanwhile she received a message from Nishan’s aunt, Lalitha Ranjanee, that Nishan was brought to a location close to the Roman Catholic Church at 3rd Narrow Road of Ekala, Ja-Ella. Nimasha ran to that location, where she learned that Lalitha had pleaded with the officers for permission to see Nishan inside the police jeep, but she had been refused and chased away from the place.
However, Lalitha Ranjanee and Nimasha both clearly observed that ‘Seeduwa Police’ was printed on the outside of the jeep that Nishan was detained in. Furthermore, the police officers acknowledged the fact that Nishan was detained inside the jeep.
Meanwhile, Nishan’s mother went to the Seeduwa Police Station at 5:20 p.m. on the same day. When she questioned the officers about her son, the officers acknowledged he is inside the police station. However, when she asked to speak with him, she was vehemently refused. She started to scream and kneel down before the officers and requested the officers not to harm her son. She feared for the life of her son, knowing the stories of cell deaths reported inside police stations all over the country. She repeatedly told the officers that her son is innocent. The officers requested her to come on the next day, June 7. Fearing the danger that would befall her son, Lalitha refused to return home until she is allowed to visit her son. The AHRC has learned that until now she has not been allowed to visit Nishan.
Suggested Action:
Please send letters to the authorities listed below expressing your concern about this case and demand Nishan’s immediate release. The victim should be taken for a prompt medical examination, and all required treatments should be provided. Request an immediate investigation into the allegations of illegal arrest, detention and torture by the Police. Those proven to be responsible under criminal law for misusing the powers of the State should be prosecuted. All officers involved must be scrutinized by an internal investigation for breach of Police Departmental Orders. Finally, please appeal to the National Police Commissioner and the Inspector General of Police for a special investigation into the malpractice of police officers who abuse their powers.
To support this case, please click here: SEND APPEAL LETTER
SAMPLE LETTER
Dear ________,
SRI LANKA: Call for immediate release of young man detained incommunicado at Seeduwa Police Station
Name of Victims: Mr. Sandanayaka Mudiyanselage Nishan Priyashantha (24) of No: 33, Madama Watte, Ekala, Ja-Ella in the Gampaha District
Alleged perpetrators: OIC and the officers attached to the Seeduwa Police Station
Date of incident: 6 January 2017
Place of incident: Seeduwa Police Division
According to the information I have received Mr. Sandanayaka Mudiyanselage Nishan Priyashantha is married to Ms. Herath Mudiyanselage Nimasha Divyanjalee (21) and they both live with Nishan’s mother, Lalani Swarnalatha, at her house at No. 33, Madama Watte, Ekala in Gampaha District. They live in a peaceful manner and there have been no complaints of any crimes against them before any police station.
On 6 June 2017, Nishan along with his wife Nimasha went to the magistrate’s court premises of Minuwangoda to meet one of their friends. The friend was waiting to meet a lawyer for his consultation. Meanwhile, between 2:30 – 3 p.m., four police officers in civilian clothes suddenly approached them and held Nishan by both of his hands. Then he was dragged on the ground for a distance of 100 meters by the officers. Nimasha followed the officers and pleaded with them to release her husband, repeatedly telling them that he is innocent. The officers replied that they are police officers and they are taking Nishan to the Minuwangoda Police Station.
Nimasha immediately took a three-wheeler to the Minuwangoda Police Station. She approached the officer at the reception and questioned whether any person called Nishan had been brought. The officer clearly told that her that no person in that name had been brought, nor are they aware of such a person. Nimasha then started to scream, in fear for her husband’s life. Another officer at the police station observing her informed her that her husband was brought to the Seeduwa Police Station a little while ago.
Nimasha called her mother-in-law, Lalani Swarnalatha and informed what happened to her son. Later, she returned home. Meanwhile she received a message from Nishan’s aunt, Lalitha Ranjanee, that Nishan was brought to a location close to the Roman Catholic Church at 3rd Narrow Road of Ekala, Ja-Ella. Nimasha ran to that location, where she learned that Lalitha had pleaded with the officers for permission to see Nishan inside the police jeep, but she had been refused and chased away from the place.
However, Lalitha Ranjanee and Nimasha both clearly observed that ‘Seeduwa Police’ was printed on the outside of the jeep that Nishan was detained in. Furthermore, the police officers acknowledged the fact that Nishan was detained inside the jeep.
Meanwhile, Nishan’s mother went to the Seeduwa Police Station at 5:20 p.m. on the same day. When she questioned the officers about her son, the officers acknowledged he is inside the police station. However, when she asked to speak with him, she was vehemently refused. She started to scream and kneel down before the officers and requested the officers not to harm her son. She feared for the life of her son, knowing the stories of cell deaths reported inside police stations all over the country. She repeatedly told the officers that her son is innocent. The officers requested her to come on the next day, June 7. Fearing the danger that would befall her son, Lalitha refused to return home until she is allowed to visit her son. The AHRC has learned that until now she has not been allowed to visit Nishan.
I request that you ensure that the Officer-in-Charge (OIC) of the Seeduwa Police Station:
a) Stop torturing the victim;
b) Release the victim of torture with immediate effect;
c) Provide the necessary urgently needed medical treatments to the victim;
d) Produce the victim before the competent medical officer or hospital for examination of his health condition with immediate effect.
I further urge you to ensure that an immediate investigation occurs into the allegations of violations of fundamental rights of the victim by officers of the Sri Lankan Police Department. All officers involved should be subject to an internal investigation for breach of Police Departmental Orders.
Yours sincerely,
———————
PLEASE SEND YOUR LETTERS TO:
1. Mr. Pujith Jayasundara
Inspector General of Police
New Secretariat
Colombo 1
SRI LANKA
Fax: +94 11 2 440440 / 327877
E-mail: igp@police.lk
2. Mr. Jayantha Jayasooriya PC
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
Human Rights Commission
No. 36, Kynsey Road
Colombo 8
SRI LANKA
Tel: +94 11 2 694 925 / 673 806
Fax: +94 11 2 694 924 / 696 470
E-mail: sechrc@sltnet.lk
Thank you.
Urgent Appeals Programme
Asian Human Rights Commission (ua@ahrc.asia)
