Dear friends,
The Asian Human Rights Commission (AHRC) has learned that a man was arbitrarily arrested, tortured and held in remand for more than two years before he was finally granted bail. Dehiwela police held him illegally for one month and ten days before his transfer to a remand prison and he reports that officers there tortured him severely. The victim is still on trial and suffers from physical and mental trauma while raising four children as a single parent. The unmonitored and illegal detention of persons in police station cells is a grave and widely tolerated crime across Sri Lanka and leaves many vulnerable to torture and abuse by police, with little chance of finding redress.
CASE DETAILS:
According to the information received, Gayan Thusitha Kumar, 30, was picked up by Dehiwela police officers on the 17 September 2007 and taken to the police station. He was told by police that he needed to give a statement about a theft but was then illegally arrested and accused of stealing mobile phones.
On 20 September, his mother visited him and found him bleeding. Gayan told her that police officers had tortured him, by stringing him up to a tree beating him, and placing books on his head that they then struck (this is a common form of systematic assault that leaves little trace or bruising). Gayan was forced to confess to stealing mobile phones and to committing other robberies in the area.
Following a complaint from Gayan’s mother the Human Rights Commission of Sri Lanka called the police station directly. This did not secure his release or treatment according to procedure; instead, we are told that on that same night police obtained a detention order for arms possession. We are told that they had planted the victim’s fingerprints on a small explosive, which is a common tactic to keep detainees in police custody.
Gayan was detained for one month and ten days at the police station. No further intervention from the HRC appears to have taken place. On 30 October 2007 he was produced at the Mount-Levinia magistrate court and was sent to Welikada prison. He was there for more than two years waiting for his trial and was given bail on the 10 November 2009.
Gayan reports that the torture and his time in prison has resulted in a number of debilitating ailments and pains which makes it difficult for him to work. His wife left him while he was in remand and is raising his four children with the help of his mother. The case illustrates the damage being done on a personal level by the continued disintegration of Sri Lanka’s administration of justice.
A rule of law cannot be credible while any police officer can illegally arrest and torture a civilian without consequence, and while court cases and pre-trial detentions can last for years
SUGGESTED ACTION:
Please join us by writing to the officials listed below and calling for them to expedite this case and ensure the rehabilitation and compensation of the victim. The full investigation, discipline, and legal punishment of those believed to have abused their authority and broken the law is essential if any progress is to be made on Sri Lanka’s failing rule of law situation.
The AHRC has written to UN Special Rapporteur on the question of torture asking for his intervention into this case.
To support this case, please click here: SEND APPEAL LETTER
SAMPLE LETTER
Dear __________,
SRI LANKA: A man is tortured by police and held without bail for two years
Name of victim: Gayan Thusitha Kumar
Name of alleged perpetrators: Dehiwela Police Officers
Date of incident: 17 September 2007
Place of incident: Dehiwela Police Station, Parliament Division, Western Province (South) Range
I am writing to voice my deep concern regarding the abuse of Gayan Thusitha Kumar by Dehiwela police officers, after his illegal arrest. This incident mirrors the innumerable cases of police torture making their way out of Sri Lanka and shows just how far police authority has developed beyond the normal, legal range of power. In addition to this, the courts have failed to give this man an opportunity to defend himself before the law during a two-year detention period.
According to the information I have received, Mr. Kumar was picked up by Dehiwela police officers on the 17 September 2007 and taken to the police station. He was told by police that he needed to give a statement about a theft but was then illegally arrested and accused of stealing mobile phones.
On 20 September, his mother visited him and found her son bleeding. Mr. Kumar told her that police officers had tortured him, by stringing him up to a tree beating him, and placing books on his head that they then struck (this is a common form of systematic assault that leaves little trace or bruising). He was forced to confess to stealing mobile phones and to committing other robberies in the area.
Following a complaint from Mr. Kumars mother, the Human Rights Commission of Sri Lanka called the police station directly. This did not secure his release or treatment according to procedure; instead, we are told that on the same night police obtained a detention order for arms possession. I am told that they had planted the victim’s fingerprints on a small explosive, which is a common tactic to keep detainees in police custody. No further intervention from the HRC appears to have taken place.
On 30 October 2007, Mr. Kumar was produced at the Mount-Levinia magistrate court as was sent to Welikada prison. He was there for more than two years awaiting his trial and was given bail on the 10 November 2009.
Mr. Kumar reports that the torture and his time in prison has resulted in a number of debilitating ailments and pains which make it difficult for him to work. In addition to this, his wife left him while he was in remand and is raising his four children with the help of his mother. The case illustrates the damage being done on a personal level by the continued disintegration of Sri Lanka’s administration of justice. A rule of law cannot be credible while any police officer can illegally arrest and torture a civilian without consequence, and while court cases and pre-trial detentions can last for years
I call for these abuses to be investigated and those responsible held accountable for their actions. Police officers must be reprimanded under the law for using extrajudicial tactics to extract information, and to fabricate charges. It is clear that the judicial system needs to undergo significant reform in order for the rule of law to return to the country, and for just and speedy trials to be made possible.
Yours sincerely,
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PLEASE SEND YOUR LETTERS TO:
Mr. Mahinda Balasuriya
Inspector General of Police (IGP),
New Secretariat,
Colombo 1,
SRI LANKA
Fax: +94 11 2 440440
Email: com@police.lk
Mr. Mohan Peiris
Attorney General
Attorney General’s Department,
Colombo 12,
SRI LANKA
Fax: +94 11 2 436421
Chief Justice,
Office of the Chief Justice of the Supreme Court of Sri Lanka
Superior Courts Complex,
Colombo-12,
SRI LANKA
Fax: +94-11-2437534
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
Thank you.
Urgent Appeals Programme Asian Human Rights Commission (ua@ahrc.asia)
