Dear friends,
The Asian Human Rights Commission (AHRC) has received yet another alleged torture of a young man by the police in Sri Lanka. According to the information we have received, Mr. A. Dushmantha Silva (29) residing in Temple Road, Dibedda, Panadura was tortured by the Panadura police after his arbitrary arrest on 3 February 2007. After being released on police bail on February 4, the victim lodged his complaints to various government authorities including the Inspector General of Police but no serious action has yet been taken to investigate the incident and arrest the alleged perpetrators so far.
CASE DETAILS:
Mr. A. Dushmantha Silva is a 29–year-old manual worker living in Temple Road, Dibedda, Panadura, Sri Lanka. On 3 February 2007 about 3pm, he was on his way to a motor garage to buy a silencer for his motorcycle when he was illegally arrested by four policemen from the Panadura police lead by Sub Inspector (SI) Upul Kumara. The policemen then allegedly assaulted him all over his body with a length of rubber (a three wheel vehicle door beading), while demanding that he tell them where he hidden the illicit liquor. Mr. Silva insisted he was no longer engaged in that illegal business but the policemen did not listen to him and continued to brutally assault him. After that he was handcuffed and taken to a shrubbery nearby where the police had allegedly recovered several barrels of illicit liquor, a gas stove and cylinder. They put these implements into a hand-tractor and proceeded to the police station.
At the police station, Mr. Silva was fingerprinted and locked up in a holding cell. At about 11:30am on February 4, the police took Mr. Silva to the Panadura Hospital, where presumably they hoped to fraudulently obtain the ‘all clear’ for a remand order from the court. However Mr. Silva complained to the doctor regarding the police assault and the doctor requested him to show his injuries. Mr. Silva removed his shirt and showed the doctor the marks on his back. Later the doctor requested him to leave the room and had a long animated conversation with the policemen who escorted Mr. Silva to hospital. Mr. Silva believes the doctor must have refused to sign the medico-legal form enabling his remand, because the police simply brought him back to the police station and threatened him with death if he approached any human rights organisation regarding his case. The police then recorded his statement and released him on bail. The police also ordered him to appear in court on 9 February 2007.
As soon as he was released, Mr. Silva rushed to the Kalubowila Hospital, where he complained about the police assault. On February 5, Mr. Silva complained about his case to the Assistant Superintendent of Police (ASP), who recorded his statement and afforded him a medico-legal form which he took to the hospital. Later he was examined by the Judicial Medical Officer (JMO) to whom he again complained about the police assault.
Meanwhile, Mr. Silva has lodged written complaints to the Human Rights Commission of Sri Lanka, the National Police Commission, the Office of the Inspector General of Police (Inspector General of Police) and other relevant government authorities demanding action against his torture perpetrators and adequate compensation for the serious injuries sustained from torture. No serious action has yet been taken to investigate the incident and arrest the alleged perpetrators so far.
SUGGESTED ACTION:
Please write to the relevant government authorities listed below and urge them to order an immediate and fair investigation into this matter and prosecute the alleged perpetrators.
To support this case, please click here: SEND APPEAL LETTER
SAMPLE LETTER
Dear ___________,
SRI LANKA: Alleged brutal assault of a man by the Panadura police
Name of victim: Mr. A. Dushmantha Silva, 29 years, married with one child, manual labourer, residing in Temple Road, Dibedda, Panadura. Sri Lanka
Alleged perpetrators:
1. Sub Inspector Upul Kumara attached to the Panadura police station
2. Some policemen attached to the Panadura police station
Date of incident: At around 3:00pm on 3 February 2007
I am deeply concerned by yet another alleged torture of a young man by the police in your country.
According to the information I have received, Mr. A. Dushmantha Silva (26) he was illegally arrested by four policemen from the Panadura police, including Sub Inspector (SI) Upul Kumara on 3 February 2007, when he was on his way to a motor garage to buy a silencer for his motorcycle. I was informed that the policemen brutally assaulted the victim all over his body with a length of rubber (a three wheel vehicle door beading), while demanding that he tell them where he hidden the illicit liquor. Mr. Silva insisted he was no longer engaged in that illegal business but the policemen did not listen to him and continued to brutally assault him. After that he was handcuffed and taken to a shrubbery nearby where the police had allegedly recovered several barrels of illicit liquor, a gas stove and cylinder. The victim was then taken to the police station.
I was informed that after staying in the police lock-up overnight, the victim was taken to the Panadura Hospital at around 11:30am on the following day. However, the doctor at the hospital reportedly refused to to sign the medico-legal form enabling the victim’s remand, after seeing his injuries. This meant that the police did not have the “all clear” medical report for a remand order of the victim by the court, The police then brought the victim back to the police station and threatened him with death if he approached any human rights organisation regarding his case. The victim was released on bail on the same day, after the police recorded his statement. He was also instructed to appear in court on 9 February 2007.
I am informed that the victim Mr. Silva complained about his case to the Assistant Superintendent of Police (ASP), who recorded his statement and afford him a medico-legal form which he took to the hospital on February 5. The victim was then examined by the Judicial Medical Officer (JMO). I am also informed that the victim has lodged the written complaints to the Human Rights Commission of Sri Lanka, the National Police Commission, the Office of the Inspector General of Police (Inspector General of Police) and other relevant government authorities demanding action against his torture perpetrators and adequate compensation for the serious injuries sustained from torture. However, no serious action has yet been taken to investigate the incident and arrest the alleged perpetrators so far.
I am have been informed of several cases where former illicit liquor sellers, who gave up such business, have been punished by police officers. Illicit liquor business often is of benefit to the police officers as such business can only be carried out by paying bribes to the police. When the illicit liquor sellers give up their business some police officers lose a source of additional income. I therefore urge you to order an inquiry that whether the police’s arbitrary arrest and torture was a way to punish the victim through fabricating charges and evidence against him. Even if the victim might be engaged in illegal business, torture is still a serious crime prohibited by law and the police should have followed legal proceedings to investigate the allegations against him.
I therefore urge you to order a full and fair inquiry into the alleged torture of the victim by the Panadura police. The alleged police officers should be prosecuted under CAT Act No. 22 of 1994 and immediately suspended while the investigation is ongoing. I also request you to ensure that the victim is adequately compensated for his serious injuries sustained from torture.
Sincerely yours,
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PLESAE SEND YOUR LETTERS TO:
1. Mr. K. C. Kamalasabesan
Attorney General
Attorney General’s Department
Colombo 12
SRI LANKA
Fax: +94 11 2 436421
Email: attorney@sri.lanka.net
2. Mr. Victor Perera
Inspector General of Police
New Secretariat
Colombo 1
SRI LANKA
Fax: +94 11 2 440440/327877
E-mail: igp@police.lk
3. Secretary
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
4. 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
5. Prof. Manfred Nowak
Special Rapporteur on the Question of Torture
OHCHR-UNOG
1211 Geneva 10
SWITZERLAND
Tel: +41 22 917 9230
Fax: +41 22 9179016 (ATTN: SPECIAL RAPPORTEUR TORTURE)
Thank you.
Urgent Appeals Programme
Asian Human Rights Commission (ahrchk@ahrchk.org)
