Dear friends
The Asian Human Rights Commission (AHRC) has received information regarding the torture of Mr. Tennakoon Mudiyanselage Gunesekera by six policemen from the Mahiyanganaya Police Station on 31 December 2003. The victim was severely assaulted by the perpetrators with wooden bats solely because he did not see one policeman’s bicycle parked near the hotel. More seriously, the police did not allow the victim’s wife to lodge a complaint about the incident and even tried to hush up the case by offering her Rs 500 (around 6.5 US $).
In Sri Lanka, the torture victims have to make complaints to the police station where the perpetrators are working or they were tortured. In such situations, the victims cannot expect fair investigations. Often they are even threatened by the perpetrators who remain employed at the police station. Your urgent action is required to pressure the local authorities to correct this matter.
Urgent Appeals Desk
Asian Human Rights Commission (AHRC)
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DETAILED INFORMATION:
Name of the victim: Mr. Tennakoon Mudiyanselage Gunesekera, 39, married with three children
Alleged perpetrators: Six drunk policemen attached to the Mahiyanganaya Police Station; Four names are known; Nihal, Sumana Bandara, Herath, and Kapila. The other two person’s names are unknown.
Date of incident: 31 December 2003
Place of incident: Near the Chandrasena Hotel, close to the bus stand in Mahiyanganaya
Case details:
On the evening of 31 December 2003, Mr. Tennakoon Mudiyanselage Gunesekera, 39, a waiter was sleeping in front of the Chandrasena Hotel after work. Around 10:30 p.m. six drunk policemen attached to the Mahiyanganaya Police Station came to look for a policemen’s bicycle parked near the hotel. When they could not find a bicycle, six policemen woke up Mr. Tennakoon Mudiyanselage Gunesekera and questioned him about the bicycle. When he could not answer, they surrounded the victim and severely assaulted him with wooden bats. When he fell to the ground, the policemen trampled the victim. As a result, he developed difficulties in breathing.
The following evening (1 January 2004), the victim’s wife, Ms. Indra Dasanayake found her husband on the ground of the market premises. Ms. Indra Dasanayake went to the Mahiyanganaya Police Station and tried to lodge a complaint about the incident. Then the police tried to hush up the case by offering her Rs 500 (around 6.5 US $) and did not received any complaint from the victim’s wife.
The victim was hospitalized in a hospital at Mahiyagama and his statement about the incident was recorded by the policemen at the request of the District Medical Officer (DMO). He still finds it difficult to breach and his ribs are damaged or broken. Also, he finds it difficult to turn on his bed and to lie on the bed. A human rights organization which is helping the victim directed the victim’s wife to send letters to the National Police Commission (NPC), the National Human Rights Commission (NHRC) and Deputy Inspector General (DIG) of Uva province.
SUGGESTED ACTION:
Send a letter, fax or email to the local authorities and express your concern about this serious case.
1. Hon. Mr. Ranil Wickremasinghe
Prime Minister
Cambridge Place, Colombo 7
SRI LANKA
Fax: +94 11 2 682905 / 575454
E-mail: secpm@sltnet.lk or bradmanw@slt.lk
2. Hon. Mr. K. C. Kamalasabesan
Attorney General
Attorney General’s Department
Colombo 12
SRI LANKA
Fax: +94 11 2 436 421
Email: attorney@sri.lanka.net or counsel@sri.lanka.net
3. Mr. Ranjith Abeysuriya PC
Chairman National Police Commission
69-1 Ward Place, Colombo 7
Sri Lanka
Fax: +94 11 2 669 128 (need to ask to change to fax mode) / 691 926
Fax HOME: +94 11 2 674148
4. Dr. Radhika Coomaraswamy
Director
National Human Rights Commission of Sri Lanka
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
5. Mr. Theo C. van Boven
Special Rapporteur on the Question of Torture
OHCHR-UNOG
8-14 Avenue de la Paix
1211 Geneva 10
SWITZERLAND
Fax: +41 22 917 9016
To support this case, please click here: SEND APPEAL LETTER
SAMPLE LETTER
Dear
Re: Man tortured by drunk policemen from the Mahiyanganaya Police Station
Name of the victim: Mr. Tennakoon Mudiyanselage Gunesekera, 39, a waiter, married with three children
Alleged perpetrators: Six drunk policemen attached to the Mahiyanganaya Police Station; Four names are known; Nihal, Sumana Bandara, Herath, and Kapila. The other two person’s names are unknown.
Date of incident: 31 December 2003
Place of incident: Near the Chandrasena Hotel, close to the bus stand in Mahiyanganaya
I am writing to bring to your urgent attention the brutal torture of Mr. Tennakoon Mudiyanselage Gunesekera by six drunk policemen attached to the Mahiyanganaya Police Station on 31 December 2003.
The victim was severely assaulted by the perpetrators with wooden bats solely because he did not see one policeman’s bicycle parked near the hotel. After the assault, the victim had been abandoned on the ground until his wife found him the following day. He finds it difficult to breach and his ribs are damaged or broken. More seriously, the police did now allow the victim’s wife to lodge a complaint about the incident and tried to hush up the case by offering her Rs 500 (around 6.5 US $).
This case shows the weakness of the judicial system and the genuine impunity for the perpetrators in Sri Lanka. In addition, the torture victims have to make complaints to the police station where the perpetrators are working or they were tortured. In such situations, the victims cannot expect fair investigation and trials. Often they are even threatened by the perpetrators who remain employed their position at the police station.
Therefore, I urge you to investigate, arrest and prosecute the responsible offenders. The perpetrators should be suspended from their service in order to protect the victim and his family. I also urge you to enforce discipline for the police so that they desist from torture. How much longer do the innocent people have to suffer from torture or ill treatment by the police in Sri Lanka? The Sri Lankan government must take speedy and strong actions to eliminate the wide spread custom of torture by the police in Sri Lanka immediately.
Sincerely yours
*****
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Thank you.
Urgent Appeals Programme
Asian Human Rights Commission (AHRC)
