SRI LANKA: Arbitrary detention and torture of three men by the Horana police 

Dear friends,

The Asian Human Rights Commission has received information from a reliable source regarding the arbitrary detention of three men, namely Nihal Kithsiri (30) and his friends – Kumara and Sumith Haputhatri who were severely tortured following their arrest on 7 December 2005 by policemen attached to the Horana police. They have not been produced before the Magistrate’s Court nor have they been examined by the Judicial Medical Officer (JMO).

The victims were separately arrested and taken to the Horana police station. One of the victims – Nihal Kithsiri – who was first arrested was brutally assaulted by two policemen, identified as Bandara and Kaldera, while in police custody. Nihal was also suspended from the ceiling while he was beaten. The two other victims – Kumara and Sumith Haputhatri – were arrested by the same policemen in a separate incident. They were taken to the same police station where they were severely tortured.

On 11 December 2005, one of the victim’s relatives informed the Human Rights Commission (HRC) about the illegal detention and torture by calling them through their “torture hotline”. The HRC, however, have reportedly not taken any immediate action regarding the information relayed to them.

We urge your strong intervention asking for an impartial investigation into this case without delay. The three men must be released from police custody if there are no charges laid against them or any other justification for their detention. The Judicial Medical Officer (JMO) must examine the victims and conduct an inquiry on allegations of torture. The alleged perpetrators must be indicted for violation of the Convention against Torture Act No. 22 of 1994 if the allegations are found to be true.

Further, please urge the concerned Government agencies to afford medical and rehabilitation assistance to the victims without delay. The victims and their relatives must also be provided with appropriate protection if the situation requires. They must be protected from any harassment and intimidation should they file charges in a court of law against the perpetrators.

Urgent Appeals Programme
Asian Human Rights Commission
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DETAILED INFORMATION:

Name of the victims: Nihal Kithsiri (30), married with one child; occupation – casual labourer; and two of his friends, namely Kumara and Sumith Haputhatri.
Date and place of incident: 7 December 2005 at the Horana Police station
Alleged perpetrators: SI Silva, PC Bandara and Kaldera, all of the Horana police station

Case Details:

On 7 December 2005, at around 10.00am, Nihal Kithsiri was arrested by SI Silva and PC Bandara of the Horana police. He was taken to the police station where policemen Bandara and Kaldera inhumanly and brutally assaulted him. He was suspended from the ceiling and was severely beaten. When Nihal’s mother, Baby Nona and a lawyer visited him at the police station, they saw innumerable injuries on Nihal’s body. He was in severe pain at the time.

Late that day, two other friends of Nihal, namely Kumara and Sumith Haputhantri, were also arrested by the same policemen, PC Bandara and Kaldera. The two men were also taken to the police station where they were severely tortured. Kumara suffered severe burn injuries on his body. The police confiscated several items from the victim’s home, including a bicycle and a radio.

On 11 December 2005 one of the victim’s brothers informed the Human Rights Commission (HRC) by calling them through their ‘torture hotline’ regarding the illegal detention and torture of the three victims. However, despite being notified, the HRC has reportedly taken no immediate action on the case.

SUGGESTED ACTION:

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