Dear friends,
The Asian Human Rights Commission (AHRC) has received information that Mr. A.A. Aberathna Bandara was illegally arrested, illegally detained for 39 days and severely tortured by officers attached to the Giriulla Police Station. Aberathna was arrested on 7 February but not produced in court until the 18 March. The police gave the explanation that he had absconded from the police station and had only just been rearrested. The victim and his family members described how brutally his rights were violated and seek an immediate inquiry into the incident. They also plead for urgent measures to protect his life and those of his family members.
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. A. A. Aberathna Bandara of Kadigamuwa Temple Road, Kadigamuwa, Rambukkana in the Kegalle District was illegally arrested, illegally detained for 39 days and severely tortured by officers attached to the Giriulla Police Station. The victim and his family members described how brutally his rights were violated and seek an immediate inquiry into the incident. They also plead for urgent measures to protect his life and those of his family members.
According to Aberathna’s wife, Ms. W B M Ramani Dasanayaka (30), she along with her husband Aberathna and their two month old child were at home on 7 February 2014. Between 8 and 9 p.m. four officers attached to the Giriulla Police Station entered the house without explanation or warrant and without informing them of any reason her husband Aberathna was handcuffed and taken out of the house. He was then placed in a vehicle which immediately left.
The following day (8 February), Ramani went to the Giriulla Police Station to visit him but was told that he was not there. She went to all the adjoining police stations of Polpitigama, Rambukkana, Narammala, and Wirabugedara in search of her husband but the replies were also negative. Later, Ramani made a complaint to the Senior Superintendent of Police, Kuliyapitiya, who informed her that her husband was detained in the Giriulla police. This information was provided to her only after four days on 11 February. On the same day she went to the Giriulla Police Station and that time she saw him and observed that he had been tortured by the police officers while in custody.
According to Aberathna’s mother-in-law, J A Seelawathi (49) she visited Aberathna at the police station on several occasions and observed that he was in severe pain due to torture. When she questioned Aberathna he explained that he was severely tortured after being hung upside down at the police station. Further he explained that at that time he is suffering with pain in his abdomen and passing blood in his urine. He was unable to stand or move by himself as he had been beaten on his feet.
Then Ramani made a complaint to the Senior Superintendent of Police (SSP) of the area. Later she learned that a police inquiry had started on 16 March by the SSP, Chilaw, Mr. Saliya de Silva. While the inquiry was going on, on 18 March, 39 days after his arrest, the Giriulla Police produced Aberathna before the Magistrate of Kuliyapitiya and remanded him until 27 March. The police stated to the Magistrate that the suspect fled from detention of the Giriulla Police earlier and he had just been re-arrested. Aberathna’s application for bail was denied. The victim states the accusations of the police are a complete lie and that the police are trying to cover up their illegal activities.
Meanwhile, Sub Inspector (SI) U.G. Amarasiri, the Officer-in-Charge of the Crime Branch called Ramani’s sister and informed her not to complaint to the higher authorities about the arrest and offered Rs. 200, 000/=. At that time the family members of the victim stated that they would refuse even Rs. 20 million. The SI then threatened her that if they complain to the higher authorities they should give up any hope for Aberathna’s life.
The victim states that he has identified the alleged perpetrators as Inspector of Police (IP), WMD Weerasinghe, Officer in Charge (OIC), Sub Inspector (SI), UG Amarasiri, OIC (Crimes), Police Constables (PC), W Dammika Vikumsiri Perera, WA Chandrajothi, RP Saneera Ariyasena, all attached to the Giriulla Police Station.
The victim and his family members state that they learned later that Aberathna was illegally arrested and tortured due to the influence of the Women Superintendent of Police (WSP) of the area. He further states that the police officers mistakenly arrested and accused him. Ramani states that her husband was severely tortured and is presently not in a position to continue with his daily routine work as a labourer. She states that he is innocent of any wrongdoing. She further states that due to the illegal action of the police officers her husband continuously suffers due to the long delay in the court proceedings and they doubt that they will obtain justice as the police officers who appear for the prosecution are helping the accused WSP and other alleged police perpetrators. The victim 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 listed below expressing your concern about this case and requesting an immediate investigation into the allegations of illegal arresting, detaining him for the period of 39 days and severely torturing by the officers attached to the Giriulla Police Station. Please request the prosecution of police perpetrators of those proven to be responsible under the criminal law of the country for misusing the powers of the 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: Giriulla police illegally arrested, tortured and detained a man for 39 days without producing before any Court
Name of the victim: A A Aberathna Bandara, resident of Kadigamuwa Temple Road, Kadigamuwa, Rambukkana in the Kegalle District
Alleged perpetrator:
1. Inspector of Police, WMD Weerasinghe, Officer in Charge (OIC)
2. Sub Inspector, UG Amarasiri, OIC (Crimes)
3. Police Constable, W Dammika Vikumsiri Perera
4. Police Constable, WA Chandrajothi 5) Police Constable, RP Saneera Ariyasena
All are attached to the Giriulla Police Station
Date of incident: 7 February 2014
Place of incident: Giriulla Police Division
I am writing to express my serious concern over the case of Mr. A. A. Aberathna Bandara of Kadigamuwa Temple Road, Kadigamuwa, Rambukkana in the Kegalle District. Aberathna was illegally arrested, illegally detained for 39 days and severely tortured by officers attached to the Giriulla Police Station. The victim and his family members described how brutally his rights were violated and seek an immediate inquiry into the incident. They also plead for urgent measures to protect his life and those of his family members.
According to Aberathna’s wife, Ms. W B M Ramani Dasanayaka (30), she along with her husband Aberathna and their two month old child were at home on 7 February 2014. Between 8 and 9 p.m. four officers attached to the Giriulla Police Station entered the house without explanation or warrant and without informing them of any reason her husband Aberathna was handcuffed and taken out of the house. He was then placed in a vehicle which immediately left.
The following day (8 February), Ramani went to the Giriulla Police Station to visit him but was told that he was not there. She went to all the adjoining police stations of Polpitigama, Rambukkana, Narammala, and Wirabugedara in search of her husband but the replies were also negative. Later, Ramani made a complaint to the Senior Superintendent of Police, Kuliyapitiya, who informed her that her husband was detained in the Giriulla police. This information was provided to her only after four days on 11 February. On the same day she went to the Giriulla Police Station and that time she saw him and observed that he had been tortured by the police officers while in custody.
According to Aberathna’s mother-in-law, J A Seelawathi (49) she visited Aberathna at the police station on several occasions and observed that he was in severe pain due to torture. When she questioned Aberathna he explained that he was severely tortured after being hung upside down at the police station. Further he explained that at that time he is suffering with pain in his abdomen and passing blood in his urine. He was unable to stand or move by himself as he had been beaten on his feet.
Then Ramani made a complaint to the Senior Superintendent of Police (SSP) of the area. Later she learned that a police inquiry had started on 16 March by the SSP, Chilaw, Mr. Saliya de Silva. While the inquiry was going on, on 18 March, 39 days after his arrest, the Giriulla Police produced Aberathna before the Magistrate of Kuliyapitiya and remanded him until 27 March. The police stated to the Magistrate that the suspect fled from detention of the Giriulla Police earlier and he had just been re-arrested. Aberathna’s application for bail was denied. The victim states the accusations of the police are a complete lie and that the police are trying to cover up their illegal activities.
Meanwhile, Sub Inspector (SI) U.G. Amarasiri, the Officer-in-Charge of the Crime Branch called Ramani’s sister and informed her not to complaint to the higher authorities about the arrest and offered Rs. 200, 000/=. At that time the family members of the victim stated that they would refuse even Rs. 20 million. The SI then threatened her that if they complain to the higher authorities they should give up any hope for Aberathna’s life.
The victim states that he has identified the alleged perpetrators as Inspector of Police (IP), WMD Weerasinghe, Officer in Charge (OIC), Sub Inspector (SI), UG Amarasiri, OIC (Crimes), Police Constables (PC), W Dammika Vikumsiri Perera, WA Chandrajothi, RP Saneera Ariyasena, all attached to the Giriulla Police Station.
The victim and his family members state that they learned later that Aberathna was illegally arrested and tortured due to the influence of the Women Superintendent of Police (WSP) of the area. He further states that the police officers mistakenly arrested and accused him. Ramani states that her husband was severely tortured and is presently not in a position to continue with his daily routine work as a labourer. She states that he is innocent of any wrongdoing. She further states that due to the illegal action of the police officers her husband continuously suffers due to the long delay in the court proceedings and they doubt that they will obtain justice as the police officers who appear for the prosecution are helping the accused WSP and other alleged police perpetrators. The victim 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 and further preventing of getting justice. Further request for prosecute 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)
