Dear friends,
The Asian Human Rights Commission (AHRC) has received information about an illegal arrest and assault by Panadura North police. A man was dragged from his house early in the morning without being shown a warrant or informed of the complaint against him and was beaten unconscious. Although the hospital arranged for a report by a Judicial Medical Officer and hospital police took a statement, the magistrate who saw him after his discharge asked for neither and remanded him. He was not allowed to collect his prescribed medicine from the hospital. The victim has been released on bail but his wife’s complaints against the police have reportedly not been responded to by the authorities. The family fears further intimidation.
CASE NARRATIVE:
According to information received from Danusha Dilani, 31, her family was woken at 1:30am on 2 April 2010 by two policemen from the Panadura North police. The men arrived in a three wheeler with one of them in uniform and they told Danusha’s husband, Malawiarachchige Mahinda to go with them to the police station. Mahinda is 32 and works for the Sri Lanka Transport Board in Panadura.
The officers reportedly did not explain the reasons for their request and did not produce a warrant when asked for one. After Mahinda told police that he had an important appointment that morning and couldn’t come with them, yet he was dragged into the street towards the vehicle. He then reportedly offered to visit the station later instead. The officers then beat and kicked him, particularly injuring one of his legs, before calling for a police jeep and loading him into it. Danusha and the two children joined him.
Danusha reports that when the jeep reached the police station Mahinda was unconscious. She learned there that a complaint of assault and property damage had been taken against him, and says that police made threats: that they would arrange for a medical report to question her husband’s mental state and would have him fired from his job. They then took Mahinda, still unconscious, to the Panadura Base Hospital where he was placed on ward one.
Mahinda revived and informed the doctor about the assault. A statement was taken by the hospital police and the Judicial Medical Officer examined him. However he was under police guard and we are told that he was then discharged from the hospital and taken to the police station at around noon that day, without having seen a medical report and without being allowed to collect his prescribed medicine.
Mahinda was reportedly kept in a cell until around 3pm and then taken to the house of a magistrate in Gorakana, where he alleges that he tried to tell the magistrate about the assault. We understand however that his right to have this statement taken down in court records was not respected. The magistrate also did not order for a criminal investigation to be launched, but ordered his remand until 5 April 2010, when he was released on Rs.200,000 surety bail (Case No. 89883).
Mahinda’s wife has not received any official response to her complaints, which include a fax to the Inspector General of Police on 2 April, a meeting with the Senior Superintendent of the Panadura police and the Assistant Superintendent of Police, Mr Cooray, and a fax to the Human Rights Commission of Sri Lanka and the SSP by fax on 3 April.
The victim believes that the arrest is related to a property dispute with his wife’s brother.
SUGGESTED ACTION:
Please write to the authorities listed below calling for an investigation into this illegal arrest and assault, and into the general operation of the Panadura North Police. Please call for criminal action to be taken against those proven responsible for denying Mr. Mahinda his right to security, health and a fair trial.
The AHRC has written to the Special Rapporteur on torture calling his attention to this case.
To support this case, please click here: SEND APPEAL LETTER
SAMPLE LETTER
Dear __________,
SRI LANKA: A man is beaten by Panadura police but denied a judicial remedy
Name of victim:
Malawiarachchige Mahinda, 32; employed by the Sri Lanka Transport Board in Panadura; resides at 15/18, Rukmal mawatha, Paraththa, Keselwatta
Alleged perpetrators:
Police officers working at Panadura North Police Station, Panadura Division
Date of incident: 2 April 2010
Place of incident: Panadura
I am writing to voice my deep concern regarding the illegal arrest and assault of a man by Panadura North police, and the lack of action taken by a magistrate to initiate an investigation into it.
According to information I have received, at 1:30am on 2 April 2010 two policemen from the Panadura North police arrived at the house of Malawiarachchige Mahinda and told him to go with them to the police station. The officers reportedly did not explain the reasons for their request and did not produce a warrant when asked for one. After Mr. Mahinda told police that he had an important appointment that morning and couldn’t come with them, he was reportedly dragged into the street towards the vehicle; although he offered to visit the station later instead, he was then beaten. The officers allegedly beat and kicked him, particularly injuring one of his legs, before calling for a police jeep and loading him into it. His wife Ms. Danusha Dilani and his two children joined him.
However I am told that when the jeep reached the police station Mr. Mahinda was unconscious. His wife learned that there that a complaint of assault and property damage registered against him, and says that police made threats to arrange for a medical report that would question her husband’s mental state, and to have him fired from his job. They then took Mr. Mahinda, who was still unconscious, to the Panadura Base Hospital where he was placed on ward one.
I am told that Mr. Mahinda revived and informed the doctor about the assault. A statement was taken by the hospital police and the Judicial Medical Officer examined him. However he was under police guard and he was discharged from the hospital that day and taken to the police station at around noon, without having seen a medical report and without being allowed to collect his prescribed medicine.
Mr. Mahinda was reportedly kept in a cell until around 3pm and then taken to the house of a magistrate in Gorakana, where he alleges he tried to tell the magistrate about the assault. We understand however that his right to have this statement taken down in court records was not respected. The magistrate also did not order for a criminal investigation to be launched, but ordered Mr. Mahinda’s remand until 5 April 2010, when he was released on Rs. 200,000 surety bail (case No. 89883).
I am told that Mr. Mahinda’s wife has not received any official response to her complaints, which include a fax to the Inspector General of Police on 2 April, a meeting with the Senior Superintendent of the Panadura police and the Assistant Superintendent of Police, Mr Cooray, and a fax to the Human Rights Commission of Sri Lanka and the SSP by fax on 3 April. The victim believes that the arrest is related to a property dispute with his wife’s brother.
As I am sure you are aware, according to Sri Lankan law an investigation must now be conducted into this allegedly illegal arrest and assault, with criminal action taken against those proven responsible for denying Mr. Mahinda his right to security, health and a fair trial. After such an incident I hope you will also initiate an investigation into the general operation of the Panadura North Police.
Yours sincerely,
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PLEASE SEND YOUR LETTERS TO:
1. Mr. Mahinda Balasuriya
Inspector General of Police
New Secretariat
Colombo 1
SRI LANKA
Fax: +94 11 2 440440 / 329040
2. Mr. Mohan Peiris
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
5. Senior Superintendent of Police
Office of the Senior Superintendant of Police
Panadura Division
SRI LANKA
Fax: +94 38 2233228
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Thank you.
Urgent Appeals Programme
Asian Human Rights Commission (ua@ahrc.asia)
