Dear friends,
The Asian Human Rights Commission (AHRC) has received updated information regarding the case of H.M. Susantha Herath who was brutally tortured by the Gokarella police on 4 July 2005 (UA-146-2005). It is almost three years since the incident and the Human Rights Commission of Sri Lanka (HRC) has finally made recommendations dated 26 May 2008 in favor of the complainant.
UPDATED INFORMATION: (based on testimony from the victim)
On 4 July 2005, police attached to the Gokarella Police Station allegedly tortured H.M. Susantha Herath. He was told to supply police personnel with ‘arrack’ (illegal alcohol). Even though he told them that he was not involved in such a business, he was taken into custody and tortured by Sub Inspector (SI) Ellepoloa, Sergeant Perera and two others. Upon his release, Susantha Herath was hospitalized for five days for his injuries. (For details, please see UA-146-2005)
Susantha made a complaint to the Human Rights Commission (Case No. C/3686/05) in 2005. No inquiry was made until February 2006. On looking into the reason for the delay, a human rights organisation found out that the documents regarding the case were missing. Thereupon the organization submitted the necessary documents. After this initiative, the inquiry subsequently commenced.
On 26 May 2008, recommendations made by Human Rights Commission were:
1. Sub- Inspector Ellapola (presently attached to the Trincomalee Old Police Station) pay Susantha Herath damages in the sum of Rs. 7,500/= (USD 69) and Police Sergeant 5587 Perera (presently attached to Pollonnaruwas Police Unit) pay a sum of Rs. 5,000/= (USD 46).
2. Copies of these recommendations have been issued to the Attorney General, Inspector General of the Police and the Police Commission. Further, the HRC requests the aforementioned report on the action taken with regard to previous similar charges against the Respondent Sub -Inspector Ellapola. (HRC/1828/00)
ADDITIONAL COMMENTS:
This case is an example of the lack of interest and negligence on the part of the Human Rights Commission of Sri Lanka with regard to complaints they receive from victims of injustice. First, the file is reported lost. Then, inquiries are begun only after third party intervention- the third party having to supply all the missing documents in the case.
The recommendations made by the HRC are ignored and not followed, for the most part. The fact that the recommendation itself refers to an earlier case against the Respondent and requests the Attorney general IGP and the Police Commission to report on the action taken in that case, demonstrates that the HRC recommendations are ignored not only by the offending parties but even by the authorities such as the Attorney general IGP and the Police Commission.
SUGGESTED ACTION:
Please write to the concerned authorities urging them to implement the recommendations made by the HRC.
Please be informed that the AHRC has written a separate letter to the UN Special Rapporteur on the Question of Torture calling for an intervention in this matter.
To support this case, please click here: SEND APPEAL LETTER
SAMPLE LETTER
Dear ___________,
SRI LANKA: Sub- Inspector and Police Sergeant recommended to pay compensation to torture victim
Name of victim: H.M. Susantha Herath (26), small-scale farmer and resident of Havenatenna, Panliyadda (Case No. C/3686/05 at Human Rights Commission)
Name of alleged perpetrators: Sub-Inspector Ellepola, Sergeant Perera and other police officers attached to Gokarella Police Station (within the Kurunegala District)
Date of incident: 4 July 2005
Place of incident: Gokarella Police Station, Kurunegala District II, Kurunegala Division, North Western Range
I am writing to voice my deep concern over police inaction with regard to torture victim H.M. Susantha Herath, even though recommendations were made on 26 May 2008 by the Human Rights Commission.
I am aware that the Human Rights Commission recommended that Sub -Inspector Ellapola (presently attached to the Trincomalee Old Police Station) pay Susantha Herath damages in the sum of Rs. 7,500/= (USD 69) and Police Sergeant 5587 Perera (presently attached to Pollonnaruwas Police Unit) pay a sum of Rs. 5,000/= (USD 46). I am also aware that copies of these recommendations have been issued to the Attorney General, Inspector General of the Police and the Police Commission. Further the HRC requests the Attorney General, Inspector General of Police and the Police Commission report on the action taken with regard to previous similar charges against the Respondent Sub -Inspector Ellapola (HRC/1828/00).
To date, the government authorities concerned have ignored the recommendations and have not taken any action to ensure payment of compensation to the victim.
Accordingly, I urge you to take all necessary action so that those recommendations are carried out and the torture victim receives justice. Inaction by the relevant authorities concerned shows a failure to provide due care for the victim. In this regard, I urge you to monitor whether or not the victim received appropriate compensation and whether appropriate punishment is imposed on the alleged perpetrators who tortured H.M. Susantha Herath.
I trust that you will take appropriate action in this matter.
Yours sincerely,
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PLEASE SEND YOUR LETTERS TO:
1. Mr. Victor Perera
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)
