Dear friends,
The Asian Human Rights Commission (AHRC) has been informed that Katugastota police allegedly assaulted a young man whilst in the custody on 28 March 2008. The police did not produce him before a court as required by the law.
CASE DETAILS: (Based on the testimony from the victim, Nuwan Chamara)
According to the information received, at 10:15am on 28 March 2008, Katugastota police arrested Nuwan Chamara in Katugastota town on suspicion of stealing car cassettes. On March 29, the police took Nuwan to several shops to identify some productions and to his house where they took a tool kit.
At night on same day, the police officers who arrested Nuwan reportedly assaulted his bare feet with a baton and forced his fingers under one leg of a table and hit the top of the table. Nuwan further said that police officers removed his clothes making him naked and assaulted him.
In the evening of March 30, the officers forced him to sign a statement which was not recorded or explained to him. On the next day (March 31), he was produced before the chief of Kandy Magistrate where his attorney-at-law specifically informed the Magistrate about the alleged torture and illegal detention. The Magistrate ordered Nuwan to be remanded until April 7 and also ordered the prison officers to bring him before Judicial Medical Officer (JMO) at Kandy hospital and to present the report on April 7. It also instructed Nuwan to make a petition of fundamental rights application to the Supreme Court.
The police officer who represented the Katugastota police before the Magistrate has told to the defence lawyer who appeared, saying that they are ready for anything implying they expected impunity. Nuwan is currently in the Bogambara remand prison.
ADDITIONAL COMMENTS:
In relation to torture or ill treatment, both the Constitution of Sri Lanka and the CAT Act no. 22 of 1994 clearly prohibits all forms of torture. In addition, article 2(4) of the CAT Act further stipulates that a person guilty of an offence under the CAT Act shall on conviction after trial by the High Court be punishable with imprisonment for a term not less than seven years and not exceeding ten years and a fine not less than ten thousand rupees and not exceeding fifty thousand rupees.
In this case, the victim can submit a fundamental rights’ application to the Supreme Court and court can deliver a judgement against the violation of fundamental human rights guaranteed under the Chapter III of the Constitution.
The officers who alleged committed torture shall, if convicted by the High Court, be punished according to the CAT Act. It takes long time for a victim to get justice in pursuing a case either under the CAT Act or under the normal criminal procedure. In case where a case is filed as a criminal case, it has also various barriers for the victim to get a justice, as indicative by the recent judgment in Gerald Perera’s torture case. (See details AHRC-UAU-019-2008)
Due process by the law enforcement agencies remains another serious concern in the country. In relation to the right to liberty, article 13(1) and (2) of the Constitution of Sri Lanka confer three rights upon a person who is arrested. Firstly, he shall be informed of the reason for his arrest. Secondly, he has the right to be produced before a nearest Magistrate within 24 hours of his arrest (Section 37 of the Code of Criminal Procedure act. 15 of 1979). Thirdly, he is not to be detained in custody beyond the period of twenty-four hours without the authority of the Court.
However, as shown in this case, due process is simply ignored by law enforcement agencies. Even worse, reportedly no departmental or legal action has so far been taken in relation to the violation of due process not only in this case but also several cases the AHRC has reported. Law enforcement agencies have no choice but to enjoy impunity with absence of departmental action whenever they violate the due process.
SUGGESTED ACTION:
Please write letters to the authorities below urging them to investigate this alleged torture and illegal detention of the victim in this case.
Please be informed that the AHRC has also written separate letters to the UN Special Rapporteur on the Question of Torture and Working Group on Arbitrary Detention calling for their intervention in this case.
To support this case, please click here: SEND APPEAL LETTER
SAMPLE LETTER
Dear ___________,
SRI LANKA: Please punish those responsible who tortured and violated due process
Name of victim: Nuwan Chamara Dissanayake (18), Hapugoda, Ambatenna, Kandy
Currently detained at: Bogambara remand prison
Name of alleged perpetrators: Officers attached to the Katugastota Police Station
Date of incident: 28 March 2008
Place of incident: in the police custody of the Katugastota Police Station, Kandy Dist. IV, Kandy Division, Central Range (West)
I am writing to voice my deep concern regarding the arbitrary detention and alleged torture of a man by Katugastota police in Kandy.
According to the information that I have received, Katugastota police arrested and detained Nuwan Chamara Dissanayake in the custody on 28 March 2008 where the officers who arrested him reportedly stripped him naked and assaulted his bare feet with a baton and forced his fingers under one leg of a table and put pressure on the top of the table. From the information I have learned, the police then, forced him to sign a statement which was not recorded or explained to him and presented him before the Magistrate court in Kandy following which, Nuwan was detained in Bogambara remand prison.
The Constitution of Sri Lanka and the CAT Act no. 22 of 1994 clearly states that everyone is free from torture. In addition, the article 2(4) of CAT Act no. 22 of 1994 stipulates that any person convicted of torture shall be imprisoned for a term not less than seven years and a fine not less than ten thousand rupees.
I also wish to draw your attention regarding the arbitrary detention that article 13(1) and (2) of the Constitution, especially Section 37 of the Code of Criminal Procedure act No. 15 of 1979, which states that a person who is arrested has the right to be presented before a nearest Magistrate within 24 hours of his arrest. However, as shown in this case, Nuwan was presented before the Magistrate on March 31 even though he was detained on March 28. This period of time allowed the police officers to torture Nuwan whilst he was detained.
If appropriate punishment and disciplinary action have not been followed, the violations of the due process by law enforcement agencies become rampant, in which Sri Lanka is facing.
I therefore urge that prompt and impartial investigation be conducted in this case and, if proven guilty, those responsible must be punished according to the law. The routine violation of due process by law enforcement agencies must be also investigated so that the victim can obtain an effective remedy. By taking appropriate disciplinary or legal action, I expect the practice of impunity will no longer be accepted in Sri Lanka.
I believe you will take a necessary action in this matter.
Yours sincerely,
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PLEASE SEND YOUR LETTERS TO:
1. Mr. Victor Perera
Inspector General of Police
New Secretariat
Colombo 1
SRI LANKA
Fax: +94 11 2 440440 / 327877
E-mail: igp@police.lk
2. 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
3. Mr. C.R. De Silva
Attorney General
Attorney General’s Department
Colombo 12
SRI LANKA
Fax: +94 11 2 436421
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@ahrchk.org)
