SRI LANKA: A suspect is tortured in front of the Jaffna Magistrate by officers from the Headquarters Police Station

Dear friends, 

Mr. Udaya Pushparaja Antony Nithyaraja (31) of Jaffna District was illegally arrested and severely tortured by seven police officers in front of the Magistrate of Jaffna while the court was in session on 20 September 2011. Antony had voluntarily gone to the court and appeared before the Magistrate through his lawyer and stated that he was ready to assist or appear before the court if there was any criminal investigation against him. The Magistrate after considering the police submissions and court documents released him. However, seven police officers in civilian clothes arrested him and started beating Antony in the presence of the Magistrate, lawyers, court staff and a large number of people. He was dragged to the Jaffna Headquarters Police Station for detention. This case illustrates the contempt in which the Sri Lankan police hold the citizens of the country and even the judiciary. 

CASE NARRATIVE: 

According to the information that the Asian Human Rights Commission (AHRC) has received Mr. Udaya Pushparaja Antony Nithyaraja (31) of Jaffna District was illegally arrested and severely tortured by seven police officers from the Jaffna Headquarters Police Station on 20 September 2011. 

Antony learned that the police had started an investigation into a crime and that his name was on the list of persons to be questioned. As a law abiding citizen Antony on the same day went directly to his lawyer Mr. Thawabalasingham and then to the Magistrate’s Court of Jaffna and voluntarily made motion and an application to the Magistrate and informed the court that if there is any necessity of his presence or assistance for the investigation he was ready to cooperate. Further he said that if the court needed him to be prosecuted for any crime then he was ready to assist by voluntarily obeying any order even to the extent of remanding him. 

The Magistrate called the case in open court and considered his application with the assistance of the police officers appearing for the Headquarters Inspector (HQI) of the Headquarters Police Station of Jaffna. Then the Magistrate announced that according to the B-report filed by the HQI Jaffna there was no mention of Antony and that he was not mentioned as a suspected person who was to be arrested or prosecuted. The Magistrate then duly released Antony. 

However, immediately upon his release a group of seven police officers in civilian clothes entered the court house and started to severely assault Antony in front of the Magistrate. Antony started to plead with the officers not to assault him and cried out, seeking others to rescue him from the beating. This heinous assault took place inside the court house while the Magistrate was on the bench still hearing cases. Lawyers, the staff officers of the court and the general public witnessed the assault. The police then dragged Antony from the court house and brought him to the Headquarters Police Station of Jaffna. 

The Bar Association of Jaffna District has protested against the ruthless and arrogant behaviour of the police officers and have refused to appear in all five courts in Jaffna District from the 21st onwards until the responsible police officers are taken before the court for prosecution. The lawyers of the Jaffna Bar Association demanded that efficient and coherent steps are taken against the responsible police officers, that the Chief Justice and the other Judges of the Supreme Court intervene and made necessary steps to prevent police officers from carrying out such gross violations and for the Bar Association of Sri Lanka to intervene and take strong actions to prevent the repetition of such incidents. 

Immediately following the incident the Magistrate called the senior police officers of Jaffna District to the courts and demanded that steps be taken to provide justice for this violation. The two senior police officers who appeared before the Magistrate apologised. However, no steps have been taken to investigate the violation of Antony’s rights. Furthermore, none of the law enforcement agencies have initiated any steps to bring the responsible police officers before the law and prosecute them. 

Once again justice has been denied in Sri Lanka. If action is not taken against the responsible officers then the very operation of the Magistrates and courts of the country will be in jeopardy. The independence of the judiciary has been challenged and is now in peril because of the errant behaviour of the Sri Lankan police. The incident which occurred in Jaffna is nothing less than contempt of court and the Inspector General of Police should be held accountable. 

ADDITIONAL COMMENTS: 

A spokesman for the Jaffna Bar Association (JBA) told that they expected the Chief Justice, Judges of the Supreme Court and the Bar Association of Sri Lanka to intervene on their behalf. 

The statement of the JBA further states that: 

“Lawyers consider the conduct of the police officers to be an affront to the authority, dignity and the sanctity of the Courts of Law established under the Constitution of the Republic of Sri Lanka and also one that, infringes on the professional independence of the members of the legal profession and constitutes a brazen and blatant violation of all norms of behaviour that are expected of the guardians of the law.” 

The Bar Association of Sri Lanka also issued a special statement: 

“The attention of the Bar Association of Sri Lanka has been drawn to an incident which occurred within the premises of the Jaffna courts complex, in the lobby itself where a person who was waiting for his lawyer was assaulted severely and dragged away by a group of policemen who were in mufti from the Kopay Police. This had happened in the presence of lawyers and the public who had come to the court house and the court staff, and more importantly, when one of the courts viz Magistrate’s court was in session. We see this as a blatant violation of basic norms which should govern police conduct, especially within a court house which has to be treated with respect and sanctity. We are informed that the learned magistrate was sitting at the time of this incident and we are of the view that, in the first instance, an immediate apology should be tendered to court by the respective authorities to the Judge concerned for the serious misconduct of the police officers which, without doubt, amounts to contempt of court, if established. Also action has to be taken by the Inspector General of Police, in whom we have every confidence, to bring the perpetrators to justice by investigating this incident forthwith by a senior independent officer or officers and bring the offenders to book. The identity of the offenders will not be difficult to establish as it was seen by lawyers and members of the public who had clearly watched this incident with understandable shock. The full due process of the law should be promptly and without favour be placed in motion and the perpetrators brought to justice, as only then it will allay the fear in minds of the public and that this type of brutal conduct by the law enforcement officers will not be tolerated by the police hierarchy or the general public.” 

The Asian Human Rights Commission has reported innumerable cases of torturing innocent by the Sri Lankan police which are illegal under international and local law which have taken place at different Police Station in the country over the past few years. 

The State of Sri Lanka sign and ratified the CAT on 3 January 1994. Following state obligations Sri Lanka adopted Act number 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 suppose to file indictments in the case where credible evidence were found on torturing people by state officers. 

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, illegal detention, torturing 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. 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. 

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