SRI LANKA: A man is severely tortured for questioning the torture of friend

Dear friends,

The Asian Human Rights Commission (AHRC) has received information that Mr. Sundaralingam Shashidaran (29) of 168, Dekinda Road, Bawwagama, Nawalapitiya in the district of Kandy was illegally arrested and severely tortured by the police officers attached to the Nawalapitiya Police Station when he went and demanded the reason behind the torture of his friend. Later the police produced Shashidaran before the Magistrate of Nawalapitiya and obtained a detention order to keep him in custody. He was remanded until 21 March 2011. When he was produced before the Magistrate the police filed a fabricated charge of the possession of drugs which the victim vehemently denied. This case is yet another illustration of the exceptional collapse of the rule of law in the country. 

CASE NARRATIVE: 

According to the information the Asian Human Rights Commission received Mr. Sundaralingam Shashidaran (29) of 168, Dekinda Road, Bawwagama, Nawalapitiya in the district of Kandy was illegally arrested, detained and severely tortured by the police officers attached to the Nawalapitiya Police Station on 28 February 2011.

Mr. Allen Jo (29) of No: 195/1 Welgampola Road, Nawawlapitiya is a good friend of Mr. Shashidaran from his school days. Both lived in the same area. Allen was the subject of an earlier Urgent Appeal, please see AHRC-UAC-064-2011- SRI LANKA: Police produced a man before court with fabricated charges after torture.

On 28 February 2011 Shashidaran got a message that police officers attached to the Nawalapitiya Police Station came and arrested Allen from his business place around 12.15pm. Further he leaned that Allen was beaten at the police station and later he was brought to the Nawalapitiya Public Bus Stand and exhibited to the public as a criminal.

Shashidaran went to Allen’s place of business and then to the Nawalapitiya Police Station to see what had happened to his friend. At the station he met the Officer-in-Charge (OIC) Mr. Udayakumara and inquired about Allen, seeking permission to see his friend. Further he questioned the reason for torturing Allen who he said was an innocent civilian.

The OIC started to shout at Shashidaran and questioned his relationship with Allen. Shashidaran revealed that he is one of his long standing friends. Then without giving any reason the OIC started to beat him with punches and kicks. Then the OIC locked him up in the cell. There Shashidaran was able to see that Allen was also inside the police cell.

On the 1 March Shashidaran along with Allen was brought to the Nawalapitiya Magistrate’s official chambers and then again brought back to the Nawalapitiya Police Station and detained at the police cell until the 7 of March. Then again he was produced before the Nawalapitiya Magistrate Court and remanded at the Raja Veediya remand in Kandy. It was only then that he learned that police had filed a fabricated charge against him on possession of drugs. As he pleaded not guilty the case was postponed to 21 March 2011.

Shashdaran denied the fabricated charges and protested against the arrest and torture and inhuman degrading treatment and punishment. He believed that the drugs were introduced by the police officers as he protested to the officers and questioned them for the reason for torturing an innocent person.

Shashidaran states that his right for an impartial inquiry, access to justice and fair trial were denied by the police officers.

ADDITIONAL COMMENTS: 

The Asian Human Rights Commission has reported innumerable cases of torturing innocent by the Sri Lankan police which are illegal under international and local law which have taken place at different Police Station in the country over the past few years.

The State of Sri Lanka sign and ratified the CAT on 3 January 1994. Following state obligations Sri Lanka adopted Act number 22 of 1994 the law adopted by the Sri Lankan parliament making torture a crime that can be punishable for minimum seven years and not less than ten years on being proven guilty. The Attorney General of Sri Lanka is suppose to file indictments in the case where credible evidence were found on torturing people by state officers.

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 arrest, illegal detention, torturing by the police perpetrators, and 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