Dear friends,
The Asian Human Rights Commission (AHRC) has received information regarding illegal arrest and detention of a person named Mr. Sarath Kumara Naitos. The Moratuwa police arrested him on 5 July from his work place and charged him with theft. He was beaten at the time of arrest and while in detention. The police have not yet produced him before any Magistrate. Urgent action is needed as the person may die in custody unless he is provided medical treatment and released.
CASE DETAILS:
Mr. Sarath Kumara Naitos, aged 38 years, was arrested on 5 July 2008 around 12.30pm while he was working at Kesalwatta in a house, in Panadura, Sri Lanka. The arrest was carried out by officers from Moratuwa Police Station. The officers came in a three wheeler and at the moment of arrest started assaulting Sarath. The place from where Sarath was arrested is under the jurisdiction of Panadura South (Kesalwatha) Police Station, which is outside the jurisdiction of the Moratuwa police. However, the arresting officers were from the Moratuwa police and Sarath is being held at that station. Sarath, who is a mason by profession is married and lives with his wife and child.
The allegation against Sarath is that of theft, which he has denied. When the police were assaulting him they demanded that he return some articles which the police accused him of stealing. Sarath has denied the charge. Representations have been made to the Moratuwa police and to other superior police officers, however, Sarath has neither been produced before the court nor has he been released.
Due to repeated assaults Sarath has lost control of his bowl movements and he is now in serious physical condition. There is grave concern that he could die from his injuries at any moment.
Despite this case being reported to the Assistant Superintendent of Police (ASP) Moratuwa, no enquiry or any action for the protection of Sarath has taken place as yet.
ADDITIONAL INFORMATION:
Assaults on persons on charges of petty theft and similar allegations are very frequent in police custody in Sri Lanka. On several occasions detainees have died in police custody due to torture. Many have also suffered serious injuries such as renal failure and brain damage. Moratuwa Police Station itself has a reputation of being responsible for many such assaults in the past (For further details on similar cases, please see our previous appeals: UA-176-2004, UA-038-2006, UA-131-2007, UA-312-2007. Mr. Ramson Peris died due to the injuries suffered at this police station in the recent past (For further details, please see: UP-05-2005).
SUGGESTED ACTION:
Please urge the authorities in Sri Lanka listed below to promptly intervene to stop torture of this person to save Sarath’s life and to produce him before the concerned Magistrate immediately if there are any charges. If there are no charges Sarath should be released forthwith so that he will be able to get the necessary medical attention. A thorough inquiry into the allegations of torture, illegal arrest and detention should be also conducted.
To support this case, please click here: SEND APPEAL LETTER
SAMPLE LETTER
Dear ___________,
SRI LANKA: A torture victim’s life is in danger at Moratuwa Police Station
Name of victim: Mr. Sarath Kumara Naitos, aged 38 years,
Name of alleged perpetrators: Officers of the Moratuwa Police Station,Moratuwa district, Mt. Lavinia Division
Date of incident: 5 July 2008 around 12.30pm
Place of incident: A house at Kesalwatta, in Panadura, Sri Lanka
I am writing to voice my deep concern over an incident of illegal arrest and detention of a man and subsequent torture in the hands of the police officers of the Moratuwa police station in Sri Lanka. The person has been detained since the arrest took place on 5 July 2008, on a fabricated charge of theft and as yet has not been produced before any Magistrate even though nine days have passed. Sri Lankan regulations state clearly that any accused must be brought before a court within 24 hours.
According to the information I have received, Mr. Sarath Kumara Naitos, a mason by profession, was working in a house at Kesalwata area in Panadura on 5 July 2008. At about 12:30pm the police team arrived at the place by a three-wheeler and arrested Mr. Sarath. The police officers beat Sarath at the time of arrest. They did not show any warrant of arrest or any document relating any case against the person when he was arrested.
I have learned that the police officers who arrested Mr. Sarath were from the Moratuwa police station while Kesalwata is under the jurisdiction of the Panadura South police station. Since the arrest Mr. Sarath has been held at the Moratuwa police station where he has been seriously assaulted by the police. I have learned that Mr. Sarath has lost control of his bowl movements as result of the torture. I have also learned that Sarath’s relatives gathered information that the police are continuing to torture him and the relatives fear that Sarath may die in custody unless he is released and provided adequate medical treatment immediately.
I have been informed that the police accused Sarath for an alleged theft, which he denied, and insisted that he returned the so called stolen articles. I am aware that lawyers represented Sarath to the Moratuwa police as well as to other senior police officers including the Assistant Superintendent of Police (ASP) of Moratuwa. I am extremely disappointed to hear that the police have yet produced Sarath before any Magistrate let alone instigated any investigation. I am aware that the police have a legal obligation to produce the arrested persons before a Magistrate according to the laws of Sri Lanka.
In light of the above information, I urge you to intervene immediately to stop torture of Sarath and arrange adequate medical treatment for the injuries he sustained in the hands of the police. An impartial and thorough investigation into the incident of illegal arrest, torture and fabricated charge of theft must be launched without delay. The alleged perpetrators must be brought to justice, if they are found guilty in the investigation. The victim must be provided adequate compensation and be released immediately, if the charges are proven fabricated in the investigation. Adequate protection for Sarath and his family must be ensured by the authorities.
I trust that you will take appropriate action in this matter.
Yours sincerely,
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PLEASE SEND YOUR LETTERS TO:
1. Mr. Jayantha Wickremaratne
Inspector General of Police
New Secretariat
Colombo 1
SRI LANKA
Fax: +94 11 2 440440/327877
E-mail: igp@police.lk
2. Mr. Neville Piyadigama
Chairperson
National Police Commission
3rd Floor, Rotunda Towers
109 Galle Road
Colombo 03
SRI LANKA
Fax: +94 11 2 395867
Tel: +94 11 2 395310
E-mail: npcgen@sltnet.lk or polcom@sltnet.lk
3. The 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)
