Dear friends,
The Asian Human Rights Commission (AHRC) has received information from reliable sources about the torture of a man by police personnel from the Meegahawatte Police Station of the Kelaniya Police Division, Sri Lanka.
On 6 December 2005, the victim, W.P.R.L. Nissanka was going to the grocery store next to his house when policemen in civilian clothes caught him and started beating him, asking him to hand over ganja, a banned narcotic drug that according to them he allegedly had.
They not only kicked him but also caught hold of his neck and beat his head against the ground. The police then dragged him to his sisters house where his brother-in-law was alleged to have sold the drug. The victims mother tried to intervene but in the process suffered injuries and had to be hospitalised for three days.
Nissanka lost consciousness due to all the abuse that he suffered and was taken to the National Hospital in Colombo where he was admitted to the accident ward and subsequently treated for two days.
The AHRC strongly condemns this horrific abuse by law enforcement authorities and demands that immediate action be taken against the perpetrators. Please write to the authorities listed below asking them to ensure that an immediate investigation is conducted into this case and that legal and disciplinary action is taken against the police officers involved in this offence. The victim should also be compensated for the abuse he suffered at the hands of the police.
Urgent Appeals Programme
Asian Human Rights Commission
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DETAILED INFORMATION:
Name of the victim: Wanasinghe Pedige Ranjith Lal Nissanka, 36-years-old
Address: 146/3 Golum Mahara, Delgoda
Alleged perpetrators:
1. Mr. Ananda, Police Constable
2. Two other Police personnel
(All belonging to the Meegahawatte police station)
Date and time of incident: 6 December 2005, around 8:00 pm
Case Details:
On 6 December 2005, at about 8 pm, Nissanka, a 36-year-old Buddhist and father of four children working as a casual laborer, had gone to buy provisions from a grocery store next to his house when he was caught by policemen belonging to the Meegahawatte police station. They slapped him and attacked him with their fists asking him to give up the ganja, a banned narcotic substance, which he was alleged to have.
The main perpetrator of this abuse was allegedly Police Constable Ananda. The police officers beat him with their hands and kicked him for about fifteen minutes before he fell to the ground. However, they continued to beat him and then held his neck and pounded his head against the ground several times.
The policemen then dragged Nissanka along the road and took him to his sisters place where his brother-in-law was supposed to have sold the banned narcotic substance. The victims mother rushed to the scene and tried to intervene so as to stop the beatings. However, she sustained injuries in the commotion and was hospitalised at the Biyagama hospital, where she was admitted for three days.
Nissanka soon lost consciousness due to the severe torture that was inflicted on his head, chest and backside. He began to throw up and was taken in a three wheeler vehicle by a friend to the National Hospital in Colombo. At the hospital he was admitted to the accident ward where he received treatment for two days.
SUGGESTED ACTION:
Please write to the relevant authorities listed below asking them to have this case investigated and action taken against all the policemen involved. The victim should also be compensated for the abuse he suffered.
To support this case, please click here: SEND APPEAL LETTER
SAMPLE LETTER
Dear ____________,
SRI LANKA: Man brutally tortured by the Meegahawatte police
Name of the victim: Wanasinghe Pedige Ranjith Lal Nissanka, 36-years-old
Address: 146/3 Golum Mahara, Delgoda
Alleged perpetrators:
1. Mr. Ananda, Police Constable
2. Two other Police personnel
(All belonging to the Meegahawatte police station)
Date and time of incident: 6 December 2005, around 8:00 pm
I am deeply grieved to hear about the alleged torture of a man by police personnel from the Meegahawatte Police Station in Kelaniya Police Division, Sri Lanka.
On 6 December 2005, the victim, W.P.R.L. Nissanka was going to the grocery store next to his house when policemen in civilian clothes caught him and started beating him, asking him to hand over ganja, a banned narcotic drug that according to them he allegedly had. The main perpetrator of this abuse was allegedly Police Constable Ananda
They not only kicked him but also caught hold of his neck and beat his head against the ground. The police then dragged him to his sisters house where his brother-in-law was alleged to have sold the drug. The victims mother tried to intervene but in the process suffered injuries and had to be hospitalised for three days.
Nissanka lost consciousness due to the torture that he suffered and was taken to the National Hospital in Colombo where he was admitted to the accident ward and subsequently treated for two days.
In light of this, I ask that you please take measures to ensure that the alleged violations of human rights by the police are dealt with immediately. I request that you please order a prompt and thorough investigation into the alleged conduct of the police. If it is found that the alleged perpetrators committed crimes against the victim, then they must be made accountable for their actions and if found guilty of torture, indicted under the CAT Act No. 22 of 1994. What is more, the Meegahawatte Police must compensate the victim for the injuries he suffered.
Such action by the police is common practice in many of Sri Lankas police stations. It reflects the lack of training many police officers have in terms of investigation skills, and the excessive powers they wield and abuse. Therefore, I urge you and other government officials in Sri Lanka to consider reforming your current law enforcement system by introducing better training programmes for your police officers and to make them more accountable for the abuses they have committed against ordinary citizens of Sri Lanka.
I also take this opportunity to remind the Government of Sri Lanka of its responsibilities to the latest conclusions and recommendations afforded by the Committee against Torture on matters regarding law enforcement in the country. Relevant to this case is point 12, calling for prompt and impartial investigations. The Committee expresses its deep concern about continued well-documented allegations of widespread torture and ill-treatment as well as disappearances mainly by the States police forces. It is also concerned that such violations committed by law enforcement officials are not investigated promptly and impartially by the State partys competent authorities. The State party should, therefore, ensure prompt, impartial and exhaustive investigations into all allegations of violations of torture and ill-treatment and disappearances committed by law enforcement officials. Such violations should, in particular, not be undertaken by or under the authority of the police, but by an independent body. In connection with prima facie cases of torture the accused should be subject to suspension or reassignment during the process of investigation, especially if there is a risk that he or she might impede the investigation. The Committee also stated that the State party should, try and, as appropriate, convict the perpetrators and impose appropriate sentences on them, thus eliminating any ideas of impunity that might be entertained by perpetrators of torture.
The Committee also, in point 15, states its concern about alleged reprisals, intimidation and threats against persons reporting acts of torture and ill-treatment as well as the lack of effective witness and victim protection mechanisms. In accordance with article 13, therefore, the State party should take effective steps to ensure that all persons reporting acts of torture or ill-treatment are protected from intimidation and reprisals in making such a report.
Owing to the seriousness of this case and the ongoing occurrence of custodial torture in Sri Lanka, I trust that you will take immediate action.
Yours sincerely,
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PLEASE SEND 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. Mr. Mahinda Rajapakse
President of Sri Lanka
Cambridge Place
Colombo 7
SRI LANKA
Fax: +94 11 2 682905 / 575454
E-mail: secpm@sltnet.lk or bradmanw@slt.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
c/o Miguel de la Lama
OHCHR-UNOG
1211 Geneva 10
SWITZERLAND
Fax: +41 22 917 9006 (ATTENTION: Working Group on Arbitrary Detention)
Email: mdelalama@ohchr.org
Thank you.
Urgent Appeals Programme
Asian Human Rights Commission
