Dear friends,
The Asian Human Rights Commission (AHRC) has received information that Mr. Chithra Kumar (32) of Wattala in Nuwara Eliya District was arrested by officers from the Colombo Narcotics division and tortured in an effort to extort money from him. Kumar is a legitimate gold dealer who was arrested after returning from a business trip to Singapore. He was tortured over a period of five days and made to sign blank papers. Furthermore, his wife was placed under house arrest and forced to hand over a case which was likely used by the officers to plant evidence.
This case is yet another illustration of the exceptional collapse of the rule of law in the country.
CASE NARRATIVE:
According to the information received, Chithra Kumar (32) is residing at No: 27 Shanthi Road, Wattala in Nuwara Eliya District. Chithra Kumar was originally from Nawalapitiya and his parents and family members still live in that town. Kumar is a businessman and is married to Ms. Geetha Priyadarshani. The couple has two children, the eldest of which is two years and the youngest just 9 months.
Kumar used to go abroad quite often as he was engaged in the gold business. On his return home from Singapore on the 9 February, 2013, he was followed from the Katunayake Airport by a group of people. He went to visit his family members and while he was traveling from Nawalapitiya to his residence in Wattala on the same day he was arrested at 10 pm by officers who identified themselves as members of the Narcotics Unit of the Police from Colombo.
He was blindfolded and detained in a semi-constructed house. According to Kumar it was an abandoned house and he was severely tortured for five days at that place. He was stripped naked, slapped, and kicked by the officers. While he was being tortured Kumar repeatedly pleaded with the officers to stop. He also begged them to explain the reason for torturing him. At no time did any of the officers who were involved in torturing him give him any reason to justify his arrest. Later he identified two of these officers as Sub Inspector (SI) Hadunhetti and Mataraarachchi. He was able to identify these officers following the exchange of conversations among them. At the end of the torture officers forced him to accept that he had brought drugs into the country and that he was engaged in a drug trafficking otherwise he would be subjected to further torture and detained under a detention order.
Kumar states that there was no reason to torture or detain him or even arrest him as he was not involved in any criminal act. He believes that he was subjected to torture for the purpose of extorting from him by these officers.
Having tortured him severely for five days he was forced to sign blank papers and was finally produced before the Colombo Magistrate’s Court. He is now remanded in Mahara Prison.
Furthermore, on 5 October a group of police officers from the Colombo Narcotic Unit surrounded his house in Wattala where his wife and two children were alone. Geetha Priyadarshani was forced to give them a case which was likely used to plant evidence against Kumar. When Priyadarshani’s brother came to see Priyadarshani, he was also threatened that he would be arrested. Geetha Priyadarshani was kept under house arrest from the 5th to 7th October, without a single Woman Police Constable (WPC) or a matron provided by the police. Chithra Kumar’s family members however having heard about this went to the house in Wattala but while they were there, they were not allowed to use their mobile phones.
The incident of the house arrest of Geetha Priyadarshani by male police officers was given massive publicity by the Hiru News Networks which broadcast the news over their radio channel. This was done without checking the veracity of the incident and Hiru News only followed the version provided by the officers on 7 October, 2013.
Chithra Kumar and his family members state that he has never involved with any criminal activity and has, in fact, never been accused of committing any crime before any court of law. He further states that at the time of arrest the officers never found any illegal drug in his procession or any other place belonging to him. Furthermore he states that during the arrest and while they were torturing him they did not produce any evidence to support their accusation. During the torture Chithra Kumar states that at no time was he questioned or accused of aiding or abetting a drug related crime.
Chithra Kumar believes that the police officers arrested him merely because he is a businessman who is successfully running his company. He further states that he learned from the officers wanted to torture him and take him before a court of law to extort money from him. Kumar and his family members say that this act of the police has denied them of their fundamental rights.
SUGGESTED ACTION:
Please send a letter to the authorities expressing your concern about this case and requesting an immediate investigation into the allegations of torturing innocent man and denying him justice. Please request the authorities to prosecute 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
SAMPLE LETTER
Dear ________,
SRI LANKA: An innocent businessman is tortured by Colombo Narcotics officers in an attempt to extort money from him
Name of the victim: Chithra Kumar (32) residing at No: 27 Shanthi Road, Wattala in Nuwara Eliya District
Alleged perpetrators: Sub Inspector (SI) Hadunhetti and Mataraarachchi and police officers attached to the Police Narcotic Unit of the Police Department of Sri Lanka
Date of incident: 9 February, 2013
Place of incident: Police Narcotic Unit
I am writing to express my serious concern over the case of Chithra Kumar. Kumar, (32), resides at No: 27 Shanthi Road, Wattala in Nuwara Eliya District. He is originally from Nawalapitiya and his parents and family members are still living in that town. Kuman was a businessman and is married to Ms. Geetha Priyadarshani. The couple has two children, the eldest of which is two years and the youngest just 9 months.
Kumar used to go abroad quite often as he was engaged in the gold business. On his return home from Singapore on the 9 February, 2013, he was followed from the Katunayake Airport by a group of people. He went to visit his family members and while he was traveling from Nawalapitiya to his residence in Wattala on the same day he was arrested at 10 pm by officers who identified themselves as members of the Narcotics Unit of the Police from Colombo.
He was blindfolded and detained in a semi-constructed house. According to Kumar it was an abandoned house and he was severely tortured for five days at that place. He was stripped naked, slapped, and kicked by the officers. While he was being tortured Kumar repeatedly pleaded with the officers to stop. He also begged them to explain the reason for torturing him. At no time did any of the officers who were involved in torturing him give him any reason to justify his arrest. Later he identified two of these officers as Sub Inspector (SI) Hadunhetti and Mataraarachchi. He was able to identify these officers following the exchange of conversations among them. At the end of the torture officers forced him to accept that he had brought drugs into the country and that he was engaged in a drug trafficking otherwise he would be subjected to further torture and detained under a detention order.
Kumar states that there was no reason to torture or detain him or even arrest him as he was not involved in any criminal act. He believes that he was subjected to torture for the purpose of extorting from him by these officers.
Having tortured him severely for five days he was forced to sign blank papers and was finally produced before the Colombo Magistrate’s Court. He is now remanded in Mahara Prison.
Furthermore, on 5 October a group of police officers from the Colombo Narcotic Unit surrounded his house in Wattala where his wife and two children were alone. Geetha Priyadarshani was forced to give them a case which was likely used to plant evidence against Kumar. When Priyadarshani’s brother came to see Priyadarshani, he was also threatened that he would be arrested. Geetha Priyadarshani was kept under house arrest from the 5th to 7th October, without a single Woman Police Constable (WPC) or a matron provided by the police. Chithra Kumar’s family members however having heard about this went to the house in Wattala but while they were there, they were not allowed to use their mobile phones.
The incident of the house arrest of Geetha Priyadarshani by male police officers was given massive publicity by the Hiru News Networks which broadcast the news over their radio channel. This was done without checking the veracity of the incident and Hiru News only followed the version provided by the officers on 7 October, 2013.
Chithra Kumar and his family members state that he has never involved with any criminal activity and has, in fact, never been accused of committing any crime before any court of law. He further states that at the time of arrest the officers never found any illegal drug in his procession or any other place belonging to him. Furthermore he states that during the arrest and while they were torturing him they did not produce any evidence to support their accusation. During the torture Chithra Kumar states that at no time was he questioned or accused of aiding or abetting a drug related crime.
Chithra Kumar believes that the police officers arrested him merely because he is a businessman who is successfully running his company. He further states that he learned from the officers wanted to torture him and take him before a court of law to extort money from him. Kumar and his family members say that this act of the police has denied them of their fundamental rights.
I request your urgent intervention to ensure that the authorities listed below instigate an immediate investigation into the allegations of torturing by a police officers and preventing justice. Further request for prosecute the responsible persons under the criminal law of the country for misusing powers of state officers. The officers involved must also be subjected to internal investigations for the breach of the department orders as issued by the department.
Yours sincerely,
———————
PLEASE SEND YOUR LETTERS TO:
1. Mr. N K Illangakoon
Inspector General of Police
New Secretariat
Colombo 1
SRI LANKA
Fax: +94 11 2 440440 / 327877
E-mail: igp@police.lk
2. Mr. Sarath Palitha Fernando
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
Sri Lanka Human Rights Commission
No: 165 Kynsey Road,
Borella, Colombo 8.
SRI LANKA
Fax: +94 11 2694924
Email: sechrc@sltnet.lk
Thank you.
Urgent Appeals Programme
Asian Human Rights Commission (ua@ahrc.asia)
