Dear friends,
The Asian Human Rights Commission (AHRC) writes to inform you of yet another torture case in Sri Lanka. On this occasion the victim was arbitrarily detained by the Katupotha police, who accused him of stealing jewellery and money. Though these were not found in the possession of the victim, the police proceeded to threaten and torture the victim into confessing to the crime of theft. The victim, however, maintained his innocence, which only infuriated the police further. It was not until two days later that the victim was finally released from police custody, carrying injuries from the torture inflicted upon him and minus Rs. 500 that was stolen by the police from his wallet. Following his release, the victim was hospitalised for one week to receive treatment for his injuries.
On 8 April 2006, at around 1am, Mr. Dharmasiri and his family went for a musical programme at the Colombogama School. About one hour later Mr. Dharmasiri went home to collect some clothes in a bag (because he wanted to go to Colombo the next day) and returned to the musical festival. On his return to the musical a policeman walked up to him and demanded to examine his bag. About seven policemen followed. They escorted Mr Dharmasiri to the side of the road where he showed them the contents of his bag.
Then a policeman named Pushpakumara slapped him and told him to close his bag. He forced Mr. Dharmasiri into a police jeep nearby and took him to the Katupotha police station. At the station Pushpakumara told him, get down, I will find the goods on you. Then as Mr. Dharmasiri was climbing up the steps to the police station he viciously assaulted him with a club.
Inside the police station Pushpakumara and others began harassing and assaulting him. Several times they got him to empty the contents of his bag on the floor and then put them back again. It was at this time that Mr. Dharmasiri learnt that the reason for this was that he was suspected of stealing jewellery and money from a nearby home. Although he vehemently denied this accusation, they did not believe him. Pushpakumara then grabbed him by his collar, raised him and pushed him down on the bare cement floor, where he says he slammed his spine on the floorcausing him severe pain. They then wanted to see his wallet. When Pushpakumara saw Rs. 500 inside, he demanded to know where he got the money from. Pushpakumara then took the money and promised to return it later.
Once again Pushpakumara began slapping him into confessing to the theft. Mr. Dharmasiri was told that if he did not confess, he would be hung from the ceiling and mercilessly tortured. He was then assaulted and slapped for about 20 minutes before falling to the ground due to the force of the blows. He was told to stand up and he obeyed with the greatest of difficulty. However Pushpakumara then kicked him viciously on the right side of his chest. He then exclaimed aloud, This devil wont confess, no matter how hard I hit him. Now my arms are paining. With that, Mr. Dhamasiri was locked inside a cell.
The police continued to threaten and harass him to confess to the theft. The following morning the police fingerprinted him and locked him up again. His family members also visited him and begged the police to release him, but they refused. Then, on April 10 at about 8.30pm they recorded his statement and told him to leave. He told Pushpakumara that his chest was hurting but the policeman merely told him to get some medicine.
Mr. Dharmasiri went home but as he suffered severe pains the entire night, he visited the Wariyapola hospital and was warded there for more than one week.
SUGGESTED ACTION:
Please write to the relevant authorities listed below seeking their intervention in bringing justice to this case. Of the utmost importance is that an immediate investigation be launched into this case, and that those police officers allegedly involved in it, are suspended from their duties while enquiries are underway. If it is established that the police did torture the victim in trying to get him to confess to the crime of theft, then full legal action must proceed against them.
To support this case, please click here: SEND APPEAL LETTER
SAMPLE LETTER
Dear ______________,
SRI LANKA: Tortured to confess to a crime by the Katupotha police
Name of victim: E. P. Dharmasiri, 45 years old; married with 2 children; Occupation Mason; Address Kanaththeruwa, Kurunegala.
Name of alleged perpetrators: Policeman Pushpakumara and others of the Katupotha police station
Date of incident: 8 to 10 April 2006
I write to inform you of yet another torture case in Sri Lanka. On this occasion the victim was arbitrarily detained by the Katupotha police, who accused him of stealing jewellery and money. Though these were not found in the possession of the victim, and the victim denied ever taking them, the police proceeded to threaten and torture the victim into confessing to the crime of theft. The victim, however, maintained his innocence, which only infuriated the police further. It was not until two days later that the victim was finally released from police custody, carrying injuries from the torture inflicted upon him and minus Rs. 500 that was stolen by the police from his wallet.
On 8 April 2006, at around 1am, Mr. Dharmasiri was stopped by approximately eight personnel from the Katupotha police who demanded to examine a bag, which was in the possession of the victim. After doing this a policeman named Pushpakumara slapped him and told him to close his bag. He forced Mr. Dharmasiri into a police jeep nearby and took him to the Katupotha police station.
Inside the police station Pushpakumara and others began harassing and assaulting him. Several times they got him to empty the contents of his bag on the floor and then put them back again. It was at this time that Mr. Dharmasiri learnt that the reason for this was that he was suspected of stealing jewellery and money from a nearby home. Although he vehemently denied this accusation, the police did not believe him. Pushpakumara then grabbed him by his collar, raised him and pushed him down on the bare cement floor, where he says he slammed his spine on the floorcausing him severe pain. They then wanted to see his wallet. When Pushpakumara saw Rs. 500 inside, he demanded to know where he got the money from. Pushpakumara then took the money and promised to return it later.
Once again Pushpakumara began slapping him into confessing to the theft. Mr. Dharmasiri was told that if he did not confess, he would be hung from the ceiling and mercilessly tortured. He was then assaulted and slapped for about 20 minutes before falling to the ground due to the force of the blows. He was told to stand up and he obeyed with the greatest of difficulty. However Pushpakumara then kicked him viciously on the right side of his chest before forcing him into a police cell.
The police continued to threaten and harass him into confessing to the theft. The following morning the police fingerprinted him and locked him up again. His family members also visited him and begged the police to release him, but they refused. Then, on April 10 at about 8.30pm they recorded his statement and told him to leave. The victim told Pushpakumara that his chest was hurting but the policeman merely told him to get some medicine.
Mr. Dharmasiri went home but as he suffered severe pains the entire night, he visited the Wariyapola hospital and was warded there for more than one week.
The number of torture cases from Sri Lanka in recent times is entirely unacceptable and requires urgent intervention. In this particular case, of utmost importance is that an immediate investigation be launched into this case, and that those police officers allegedly involved in it, are suspended from their duties while enquiries are underway. If it is established that the police did torture the victim in trying to get him to confess to the crime of theft, then full legal action must proceed against them; this involves complying to the provisions of the CAT Act.
Yours sincerely,
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PLEASE SEND YOUR LETTERS TO:
1. Mr. K. C. Kamalasabesan
Attorney General
Attorney General's Department
Colombo 12
SRI LANKA
Fax: +94 11 2 436421
2. Mr. Chandra Fernando
Inspector General of Police (IGP)
New Secretariat
Colombo 1
SRI LANKA
Fax: +94 11 2 440440/327877
3. 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. Mr. J Thangawelu
DIG Legal
Police Headquarters
Colombo 1
SRI LANKA
Fax: 94 11 2381 394
Email: legaldiv@police.lk
5. 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: polcom@sltnet.lk
6. 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
C/o OHCHR-UNOG
1211 Geneva 10
SWITZERLAND
Tel: +41 22 917 9230
Fax: +41 22 917 9016 (general)
E-mail: ssyed@ohchr.org
8. Ms Leila Zerrougui
Chairperson
Working Group on Arbitrary Detention
Attn: Mr Miguel de la Lama
OHCHR-UNOG
1211 Geneva 10
SWITZERLAND
Fax: +41 22 917 9006 (ATTENTION: WORKING GROUP ARBITRARY DETENTION)
Email: mdelalama@ohchr.org
Thank you.
Urgent Appeal Programme
Asian Human Rights Commission (ahrchk@ahrchk.org)
