SRI LANKA: Innocent man illegally arrested, detained, tortured by Kandy Police

Dear Friends,

The Asian Human Rights Commission has received information regarding Mr. Gregory Benedict Selvaraj in the Kandy Headquarters Police Division. On 26 July 2017, he was illegally arrested, detained, tortured and produced before the Courts by Police attached to the Kandy Police Station. There was nothing to show his involvement in any crime. He lost his mobile phone several days before the incident on 22 July. Some days later the Police arrested, tortured and accused him that his phone was found inside the vehicle belonging to a Medical Doctor. He was produced before the Magistrate and placed in the Identification Parade. However, he was not identified by a witness. The victim states that the Police acted arbitrarily and violated the Law.

THE VICTIM SEEKS JUSTICE.

Case Narrative:

Mr. Gregory Benedict Selvaraj (28) of 4th Milepost, Hanthana Estate, Kandy is a resident of the Kandy District. Benedict is a carpenter by profession, married to Ganeshan Priyadarshani and the father of one child.

On 22 July 2017, Benedict and his friends were playing in the Swarnaooli grounds, leaving their phones in the nearby field as usual. Around 6:30 p.m. a boy came looking for Benedict, claiming that he had a call from Mr. Kingsley. They spoke and Kingsley asked Benedict to fetch a spanner from his place and give it to the boy. While running the errand for his friend, Benedict forgot to pick-up his mobile phone in the field.

Realizing this, he had gone back about 7:00 p.m. looking for his phone only to find that it was not in the place where he left it. Upset, he had gone home and asked his wife if she had seen his phone. 
In a short while, his friend Peter came asking Benedict why he did not pick up his phone. Benedict told him that he had lost his phone and had been looking for it.

Two of Benedict’s friends, Anthony Croos and Kaliyan Mahendran also came by Benedict’s place. Accompanied by Croos, Benedict went to a nearby store to get some groceries. Checking to see if someone was pulling a prank on him, Croos called Benedict’s mobile and found that the line was disconnected. Upon returning home, Benedict had tried to call his number using his wife’s phone and the line was once again connected.

Around 7:45 p.m., accompanied by Croos he had gone back to the Swarnaooli grounds in search of his phone. Failing to find it, he returned home to find Kingsley, another friend of his, who reproached him for not picking up his phone. He was now convinced that his friends were pulling a prank on him.
The next day he had gone back to Swarnaooli grounds to play. His friends tried calling him at his number to see if someone who had found the phone would at least pick it up. The phone rang, but no one picked it up. Still going with the prank theory formed last night, Benedict was still hoping that someone would turn up with his lost phone any minute now. He even asked his friends to hand it over, because it was no longer funny.

On 26 July, Benedict was going to a hardware store with Peter, when they encountered three Police Officers along with his friends, Croos and Suresh. The Police Officers had asked him if he was Benedict, which he affirmed. He was asked to follow them to the police vehicle saying that they needed to talk to him. He was asked if he had lost his phone and whether or not he had filed a complaint regarding it. Benedict said no to the Officer, later identified as Sub-Inspector (SI) Sarathchandra of the Crime Branch of the Headquarters of the Kandy Police Station. The Inspector claimed that the said phone was found in the back of a car owned by a Doctor affiliated with the Kandy Teaching Hospital. Benedict was needed so they could obtain his Statement regarding the phone.

Benedict declined to go to the Police Station because his child was sick, but that he would go as soon as he came back from consulting the Doctor. Sarathchandra refused him. He asked his fellow officers, to haul him over to the police vehicle. Benedict again protested. If all he was needed for was to obtain a Statement, why was he being pushed so harshly to submit? Moreover, he had also vouched to come to the Police Station later with his elders. The Police Officers severely overreacted, reproaching him as if he was attempting to escape. Utterly confused, Benedict asked how could he be escaping, if all he was needed for was to obtain a Statement?

At once, the Police Officers attempted to forcefully push him into the police vehicle. They started to assault him. He felt a blow on the back of his neck and was grabbed by his T-shirt and his hands. He had hit his hand on the vehicle door, while being repeatedly struck by the Police Officers on the chest and the trunk of his body. His chest had been injured which bore tell-tale scratch marks.

His friend, Peter, at that point came forth. He vouched for Benedict, promising to bring him to the Police Station later that day. But the Officers would not let go of Benedict.

When he was being forcefully hauled to the police vehicle, his T-shirt was torn and his sarong came off. By that time, a lot of passersby had gathered to see what was going on. Feeling utterly ashamed, Benedict asked the Police to stop humiliating him like this. He added that if they continued, he would, then and there, cut his throat and kill himself. The Police Officers let him go. 
Benedict and his friends went in search of their Estate Superintendent (ES), all the while being followed by Police Officers. Nearing the Superintendent’s house, the Police threatened him saying, “unless you come with us, you better be prepared to leave this village itself”

Then, his friend, Peter, went with Benedict to the Kandy Human Rights Office (HRO) where they presented Benedict’s case to their lawyer, Mr. Suren D. Perera and Ms. Lucille Abeykoon, a HRO staff member. On his way home, Benedict, feeling severe pain in his right hand and chest, had gone to the Kandy Teaching Hospital. He was admitted to ward No.10.

On 27 July, while he was being treated, several Police Officers came to the hospital. Feeling intimidated, Benedict called the Kandy Human Rights Office for reassurance. Mr. Suren and Ms. Lucille then came to see him in the hospital and paid him a visit. He was taken to the Police Hospital and detained there for 15 minutes! In the presence of his lawyer, Mr. Suren and Ms. Lucille, he was handcuffed and re-arrested.

As he was been taken to the police vehicle, SI Sarathchandra asked who those people were. He said that Mr. Suren was his lawyer and Ms. Lucille a staff member at the Kandy Human Rights Office.

Then he had been asked if Mr. Suren had a part in this too, which Benedict denied. He was rebuked with very abusive language and asked where he had hidden the “Goods”. Benedict had no clue as to what this was supposed to mean and had asked “What goods”? The Police said, “where is the Lightning Conductor?” Benedict was speechless at this because he had no idea how to refute this outrageous accusation.

He was asked how he was connected to Ms. Lucille. Was she Mr. Suren’s wife? He denied any knowledge of their private lives. Benedict was solicited to arrange for Ms. Lucille to come to the Police Station to sleep with him, the SI.

Benedict was produced before the Kandy Magistrate on 28 July 2017. The case was called before the Kandy Magistrate’s Court three times including the identification parade. However, the witness was only in the Court on the fourth day. He stated that he could not identify any of them because it was dark when the incident took place. The case was postponed until the next court date on 7 December 2017.

Benedict states that he was illegally arrested three times, detained, tortured and produced before the Courts under false charges. Because of his injuries, he sought treatment at the hospital as an in-patient. Benedict feels that his fundamental rights were denied.

HE SEEKS JUSTICE.

Suggested Action:

Please send a letters to the Authorities listed below expressing your concern about this case. Request an immediate investigation into the allegations of illegal arrest, detention, torture and filing fabricated charges by the Police. Prosecution must pursue those proven to be responsible under criminal law for misusing the powers of the State. The Officers involved must face internal investigations for breach of Police Departmental Orders. Request the National Police Commission (NPC) and the Inspector General of Police (IGP) to oversee a special investigation into the malpractices of those Police Officers abusing their powers.

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