SRI LANKA: Pussellawa Police illegally arrested, detained, tortured, and filed fabricated charges against an estate labourer

Dear friends,

The Asian Human Rights Commission (AHRC) has received information that an estate labourer was illegally arrested by police officers attached to the Pussellawa Police Station and arbitrarily detained and tortured. Later, the police produced him before the Magistrate at Hellbodde Circuit Court on fabricated charges of possession of materials used for to produce illicit liquor. After learning that the victim is taking legal action against the police officers who violated his rights the officers concerned rearrested him and threatened him with future false charges.

CASE NARRATIVE:

Manivel Saundrarasau (46) of Ayarie Division, Frotoft Group, Ramboda, is a laborer in the Frotoft estate. He is married with two children, a daughter and a son both of whom have completed their studies.

On 10 August 2010 three police officers attached to the Pussellawa Police Station came to Manivel’s house and inquired about him. One officer was in uniform bearing number 73252 and the others were in civilian clothes. Since Manivel was not at home, the police officers have given a notice to his wife, Angal Selvi, asking him to present himself at the Pussellawa Police Station by 4pm on the same day. Manivel received the message when he was at the Kovil (Hindu temple) and immediately went to the Pussellawa Police Station.

When Manivel went to the police station he saw a barrel and a hose pipe within the police compound. Later the officer in the station accused him of making illicit liquor and he was slapped and was pushed into a police cell. Manivel categorically denied that the materials belonged to him at anytime. In the evening his wife went to the police station to visit Manivel. Later he was released on police bail which was signed by his wife as surety. However, Manivel was asked to appear before the Hellbodde Circuit Court on 18 August, 2010. When he appeared before the Magistrate he found that the police have filed fabricated charges of processing “Goda” (which is used to make illicit liquor) and possessing a hose pipe and 2 barrels for the same purpose, against him. In the charge sheet it mentioned that the items were detected on 10 August 2010, the day he appeared at the police station. However Manivel categorically states that he has never been involved in making illicit liquor nor had any previous convictions.

When the case against Manivel was taken up before the Magistrate, an Attorney-at-Law appeared on his behalf and pleaded not guilty for the chargers filed against him. For an estate labourer it is not usual to retain a lawyer and pleading not guilty as the proceedings would take numerous appearances and time due to the prolonged delays in the courts. Later on the police suspected that Manivel was being assisted by civil society activists or an organization which works in the field of the promotion and protection of human rights on a pro bono basis. They then began to follow him in the hopes of finding further incriminating evidence against.

Then two police officers attached to the Pussellawa Police Station arrived in civilian clothes at his residence on 3 September at around 6.30am and questioned him about seeking the assistance of a human rights organization. When he was being questioned, in front of his house, people of the neighborhood started to gather, including the Grama Sevaka (state officer belong to the village). Then the police officers asked Manivel to get into the jeep which was parked on the main road. He was then taken towards Pussellawa town and on the way he was threatened by these two police officers that they would rearrested him on many other fabricated chargers for taking action against the police officers on the basis of violating his human rights. He was finally dropped off and the jeep went towards Pussellawa town.

Presently Manivel is in fear that he would be rearrested and laid with fabricated charges. Further he is in fear that police officers would continue to threaten and harass him and his family members in future.

ADDITIONAL COMMENTS:

The Asian Human Rights Commission has reported innumerable cases of arbitrarily arrest, detentions, torturing the innocent when they are at the hands of the police and filling enormous amounts of fabricated charges against innocents by the Sri Lankan police which are illegal under international and local law and which have taken place at different police stations in the country over the past few years. The Asian Human Rights Commission has observed that Sri Lankan police have used the filling of fabricated chargers against innocent persons as an illegal instrument to harass the public.

The Constitution of Sri Lanka has guaranteed the right freedom from torture. According to Article 11 of the Constitution ‘No person shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment’. Article 12 (1) of the Constitution of Sri Lanka has guaranteed the right to equality for all persons as stated that ‘all persons are equal before the law and are entitled to the equal protection of the law’. Further Article 13 (1) has stated that ‘No person shall be arrested except according to procedure established by law. Any person arrested shall be informed of the reason for his arrest’.

Furthermore, Sri Lanka has signed and ratified the International Covenant on Civil and Political Rights (ICCPR). Nevertheless the lack of protection offered to those who are willing to take cases against abusive police officers and the state authorities, means that the law is under-used continues to be employed as a tool by the police to harass people. This not only takes a long-term toll on the victim and his or her family, but on society as a whole, by the undermining of civilian respect for the law and encouraging impunity.

The Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (CAT) was signed by the State of Sri Lanka and ratified on 3 January 1994. Following state obligations Sri Lanka adopted Act No. 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 supposed to file indictments in the case where credible evidence is found on the torturing of people by state officers.

Furthermore, the Asian Human Rights Commission has continuously exposed the way the witness and the victims are getting harassed and on some occasions even killed to suppress the justice. Furthermore we have urged the State of Sri Lanka to adopt a law for the protection of witness protection.

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, arbitrary detention, torturing, filling fabricated charges and finally threatening the witness 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 officers and for mis-prosecution. The officers involved must also be subjected to internal investigations for the breach of the department orders as issued by the police department.

Please note that the Asian Human Rights Commission has already written separate letters to the Special Rapporteur on the Question of Torture of United Nations on this regard.

To support this case, please click here: SEND APPEAL LETTER