SRI LANKA: Torture of a mentally ill man by the Poddala Police 

SAMPLE LETTER

Dear ___________,

SRI LANKA: Torture of a mentally ill man by the Poddala Police

Name of victim/complainant: Chintaka Kumara Welivitagoda Hevage, 21-years-old, living with his parents.
Name of alleged perpetrators: Policemen Indika and Chaminda and the Officer-in-Charge (OIC) of the Poddala police station
Date of incident: 17 February 2006

I write to voice my condemnation of an incident whereby two policemen from Poddala police are alleged to have repeatedly tortured a mentally ill man, who they accused of having stolen a mobile phone. When the police were informed that the missing phone had in fact been found, they released the man, but made several threats – including death threats – against the victim and his family for having lodged complaints to the authorities regarding their conduct.

Policemen Indika and Chaminda from the Poddala police went to the house of Mr. Hevage on 17 February 2006. There they arrested him - apparently on the instructions of the Officer-in-Charge (OIC) - and took him into custody. On the way to the station, the police proceeded to assault the victim. They did this despite the victim’s mother having told them at the time of arrest that her son was suffering from mental health issues.

Once at the station, the police once again savagely assaulted Mr. Hevage with clubs, a hose pipe, their fists and boots. While assaulting him, the police accused him of stealing a mobile phone from one Damith - the son of a local businessman named Jayasena - and demanded to know the whereabouts of the phone.  Mr. Hevage was also taken to Jayasena’s house and tortured again.

After returning from the house, the victim was locked up in a police holding cell. Sometime later it is believed that Damith contacted the police and informed them that he had found his lost mobile phone. Thereafter, on the following day, February 18, at around 2pm the police released Mr. Hevage without charge. He was then taken directly to the Karapitiya hospital where he was admitted and medically treated for five days in ward six (his bed head ticket read (BHT) No 017391).

Meanwhile, on the day of arrest, the victim’s mother complained to all relevant authorities in the country, including the Human Rights Commission, the Inspector General of Police, the Attorney General, and the National Police Commission about the assault on her mentally ill son. Subsequent to these written complaints on March 16 the two perpetrators, Indika and Chaminda visited the victim’s home in a police jeep and scolded him and his family in filthy language and threatened them to withdraw their complaints. The following day, two unknown persons whom the victim’s family suspect to be policemen, visited their home on a motorcycle and demanded that they withdraw their complaints and threatened them with death.

It is believed that the police assaulted the victim on the instigation of the businessman, Jayasena and his son, Damith. This assumption is based on the fact that the victim did odd jobs for various persons in the village, including the businessmen, whose house the victim was at when the mobile phone went missing. Apparently the businessman had immediately contacted the police and induced them - monetarily or otherwise - to arrest and assault the victim.

Owing to the nature of the crimes committed against the victim, I call on you to intervene in this matter and ensure that those responsible are brought to justice for their acts. I urge you to ensure that an independent investigation be launched into the allegations in this case and that any persons found to have committed the crimes noted, be brought to justice for their actions. During the process of this investigation, those police personnel being investigated must be suspended from their duties, to ensure that no threat or intimidation is directed at the victim or his family. The investigation should also establish what role businessman Jayasena had, if any, in the arrest and assault of the victim. Meanwhile the victim and his family should be afforded protection, his medical expenses should be covered and compensation must be afforded.

I look forward to your intervention in this matter.

Yours sincerely,

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PLEASE SEND YOUR LETTERS TO:

1. Mr. Chandra Fernando
Inspector General of Police (IGP) 
New Secretariat
Colombo 1
SRI LANKA 
Fax: +94 11 2 440440/327877

2. Mr. K. C. Kamalasabesan
Attorney General 
Attorney General's Department
Colombo 12
SRI LANKA 
Fax: +94 11 2 436 421

3. National Police Commission
3rd Floor, Rotunda Towers,
109 Galle Road
Colombo 03
SRI LANKA
Tel: +94 11 2 395310 
Fax: +94 11 2 395867
Fax HOME: +94 11 2 674148
E-mail: polcom@sltnet.lk

4. Dr. Radhika Coomaraswamy
Chairperson Human Rights Commission of Sri Lanka 
No. 36, Kynsey Road 
Colombo 8 
SRI LANKA 
Tel: +94 11 2 694925 / 673806 
Fax: +94 11 2 694924 / 696470 
E-mail: sechrc@sltnet.lk

5. Mr. J Thangawelu
DIG Legal
Police Headquarters
Colombo 1
SRI LANKA
Fax: 94 11 2381 394
Email: legaldiv@police.lk

6. His Excellency the Hon. Mr Mahinda Rajapakse
President Socialist Democratic Republic of Sri Lanka
C/- Office of the President
Temple Trees
150, Galle Road
Colombo 3
SRI LANKA
Fax: +94 11 2472100 / +94 11 2446657 (this is contact for Secretary to President)  
Email: secretary@presidentsoffice.lk

7. Prof. Manfred Nowak
Special Rapporteur on the question of torture
Attn: Mr. Safir Syed
OHCHR-UNOG
1211 Geneva 10
SWITZERLAND
Tel: +41 22 917 9230
Fax: +41 22 917 9016 (general)
E-mail: ssyed@ohchr.org 

Thank you.

Urgent Appeals Programme 
Asian Human Rights Commission (ahrchk@ahrchk.org)