Dear friends,
The Asian Human Rights Commission (AHRC) has received information regarding a case of alleged arbitrary arrest and the brutal assault of a policeman by the Baduraliya police in Mathugama district, Kalutara division, Sri Lanka on 14 March 2007. Due to the severity of the torture, the victim was hospitalised for five days up until March 19. The victim also claims that he was dismissed from his service due to fabricated charges filed against him claiming obstruction in carrying out the duty of the police as well as criminal obstruction.
CASE DETAILS:
The victim, Mr. Rajapaksage Don Saman Nilantha (42), who is a sub inspector of the traffic police in Benthota, was off duty between March 13 and 15, 2007. At around 9:05 am on March 14, when the victim stopped and got off his motorcycle in front of the Baduraliya police station to talk with a friend, three police officers from the station started publicly assaulting him both verbally and physically.
In great amazement, the victim then tried to identify himself as a police officer; however, they ignored him and continued the beating. After being handcuffed, the victim was brought to the room of the Officer-in-charge (OIC), where he was allegedly stripped of his clothes and had his wallet as well as his motorcycle taken by the officers. The officers did not provide any explanation why the victim was being arrested and he was not allowed to inform his family about the detention.
Mr. R.D.S. Nilantha then had to sit on a chair in front of a cell. Later at around 10:00 am, a statement was recorded by Sub Inspector Dammika and that the victim was forced to sign on it. He remained sitting on the chair in front of the cell until around 3:30 pm. During that time, he was not provided with any food or drink.
Later on that day, Mr. R.D.S. Nilantha was produced in front of the Mathugama Magistrate Court. The victim claims that he was framed with false charges of obstruction the duty of police and criminal obstruction. Mr. R.D.S. Nilantha was released on bail of Rs. 2,500 (USD 23) and surety bail of Rs. 50,000 (USD 460). His purse and motorcycle were returned when he was released.
The brutal assault resulted in Mr. R.D.S. Nilantha sustaining injuries on his body that were so severe he had to be admitted to the Waththawa Government Hospital on March 14. There were many marks on the victim’s body, while the he claimed he experienced great discomfort because of the pain on his chest and other parts of his body. Due to the seriousness of his injury, Mr. R.D.S. Nilantha was transferred to the Nagoda General Hospital where he could receive intensive medical treatment. He remained in hospital until March 19.
Meanwhile, on March 23, Mr. R.D.S. Nilantha was informed that he had been suspended because of the charges laid against him by the Baduraliya police. At around 10:00 am on the same day, the victim’s wife answered his phone since he was not at home at that time. The caller then told her that her husband would be sent to jail soon.
Mr. R.D.S. Nilantha is now requesting that disciplinary action be taken against the three police officers of the Baduraliya police station:-Namal Liyanage, Sergeant Perera (ID 30073) and Sergeant Gunaratne (ID 30117) on grounds of unlawful assault, no presentation of warrant and allegedly filing fabricating charges with lack of substantial evidence.
In order to seek the necessary remedies, Mr. R.D.S. Nilantha has sent a written complaint to the authorities including the Chairman of the Human Rights Commission of Sri Lanka, the Chairman of the National Police Commission, the Inspector General Police (IGP), and the Deputy Inspector General (DIG) of Legal Division.
The AHRC is deeply concerned by this serious case and condemns the brutal torture committed by the Baduraliva police officers. If policeman are treated by fellow policemen in such a brutal manner, there is no doubt how badly ordinary citizens are treated by police when they are put under the similar situation. Further, regardless of whether the victim is guilty of the charges laid on him, torture is a criminal act under Sri Lankan law as well as international human rights laws. Since the victim claims that he has been implicated with fabricated charges, this matter should be looked into by the relevant authorities in a fair manner.
Sri Lanka is also a state party to several important international human rights treaties including the International Covenant on Civil and Political Rights (ICCPR), Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (CAT), which strongly prohibit the state practice of torture, arbitrary arrest and detention and emphasises protection of citizens from such inhuman treatments in accordance with domestic procedures.
SUGGESTED ACTION:
Please write to the relevant authorities listed below calling for an immediate investigation into this case along with the prosecution of the three police officers to ensure that they do not enjoy impunity.
To support this case, please click here: SEND APPEAL LETTER
SAMPLE LETTER
Sample letter:
Dear ________,
SRI LANKA: Alleged arbitrary arrest and brutal assault of a policeman by the Baduraliya police
Name of the victim: Mr. Rajapaksage Don Saman Nilantha, aged 42, married, sub inspector (SI), Officer in charge (OIC) of traffic, Benthota, resident of 10/3, Sri Hemaloka Mawatha, Ranabahu watte, Yatiyana, Agalawatte, Sri Lanka
Alleged perpetrators:
1. Mr. Namal Liyanage, Officer in charge (OIC) of the Baduraliya police station
2. Sergeant Perera (Police ID 30073) of the Baduraliya police station
3. Sergeant Gunaratne (Police ID 30117) of the Baduraliya police station
Place of incident: In front of the Baduraliya police station in Mathugama district, Kalutara division, Sri Lanka
Date of incident: 14 March 2007
I am writing to express my deepest concern over the case of the alleged brutal assault and arbitrary arrest of the victim, Mr. Rajapaksage Don Saman Nilantha, by three police officers of the Baduraliya police station on 14 March 2007.
According to the information I received, at around 9:05 am on March 14, when the victim came to the Baduraliya police station to talk with his friend, he was apprehended by the three police officers mentioned above who then began severely and publicly assaulting him. After being handcuffed, the victim was brought to the room of the Officer-in-charge (OIC), where he was allegedly stripped of his clothes and had his wallet as well as his motorcycle taken by the officers. The officers did not provide any explanation why the victim was being arrested and he was not allowed to inform his family about the detention. At around 10:00 am, the statement was recorded by the SI Dammika and the victim was forced to sign the document.
I am also informed that later on that day, the victim was produced in front of the Mathugama Magistrate Court. He claims that he was framed with fabricated charges of filed against him including obstruction of the duty of police and criminal obstruction. The victim was released on bail later that same day.
I further understand that the victim was admitted to the Waththawa Government Hospital due to his injuries soon after his release and later transferred to the Nagoda General Hospital on March 15 due to seriousness of his injuries where he stayed until March 19. I also know that the victim was suspended from his service because of the charges filed against him.
I am deeply concerned by this serious case and condemn the brutal torture committed by the Baduraliva police officers. If policeman are treated by fellow policemen in such a brutal manner, there is no doubt how badly ordinary citizens are treated by police when they are put under the similar situation. Further, regardless of whether the victim is guilty of the charges laid on him, torture is a criminal act under Sri Lankan law as well as international human rights laws.
To the best of my knowledge, Sri Lanka is state party to the International Covenant on Civil and Political Rights (ICCPR), Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (CAT), which strongly prohibits the state practice of torture, arbitrary arrest and detention and emphasises protection of citizens from such inhuman treatments in accordance with domestic procedures.
Moreover, the Sri Lankan authority introduced a new rule on 17 January 2007 to ensure the investigation mechanism for the allegation of unconstitutional acts of police officers, especially involving human rights violations committed against ordinary citizens. According to this rule, the police authority should conduct investigation into the alleged reported case of police brutality against civilians including cases that fall under violations of human rights, allegations of torture and/or cruel, inhuman or degrading treatment as well as fabrications of cases within thirty days from the receipt of complaint.
In light of the above, I strongly urge your immediate action in ensuring that a proper investigation into the alleged case of arbitrary arrest and brutal assault is conducted. Also, I hope that you may provide all necessary assistance for the victim in pursing legal remedies and compensation. Since the victim claims that he has been implicated with fabricated charges, this matter should be looked into by the relevant authorities in a fair manner.
I look forward to hearing about your sincere response in this important matter.
Yours sincerely,
—————
PLEASE SEND YOUR LETTER 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. K. C. Kamalasabesan
Attorney General
Attorney General’s Department
Colombo 12
SRI LANKA
Fax: +94 11 2 436421
Email: attorneygen@mail.ewisl.net
3. Mr. Neville Piyadigama
Chairperson
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
4. 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
5. Prof. Manfred Nowak
Special Rapporteur on the Question of Torture
Attn: Safir Syed
c/o OHCHR-UNOG
1211 Geneva 10
SWITZERLAND
Tel: +41 22 917 9230
Fax: +41 22 917 9016 (ATTN: SPECIAL RAPPORTEUR TORTURE)
Thank you.
Urgent Appeal Programme
Asian Human Rights Commission (ahrchk@ahrchk.org)
