Dear friends,
The Asian Human Rights Commission (AHRC) is deeply concerned by the alleged torture of a local council member by a Sub Inspector on 21 June 2007. The sub inspector belongs to the Hasalaka police station located in Theldeniya district, Kandy division, Sri Lanka. At the time of the incident the victim was inquiring the allegation of the concerned SIs involvement in illegal liquor business. The AHRC is particularly concerned that the Hasalaka police have not yet initiated any investigation into this case to date after registering the victim’s complaints. As a result, the alleged perpetrator is still free and serving at the police station. The victim demands an impartial investigation of his case by an independent investigating agency to ensure the transparency of the investigation.
CASE DETAILS: (based on the victims testimony)
On 21 June 2007, Jayarathne, a 45-year-old member of Hasalaka local council (Pradeseey Saba), visited the Hasalaka police station in Theldeniya district, Kandy division, Sri Lanka. The purpose of his visit was to inquire an allegation about Sub Inspector (SI) Nuwan Wickramasinghes involvement in selling illegal liquor.
Being questioned, the SI Nuwan Wickramasinghe allegedly started abusing Jayarathne in filthy language and physically assaulted him in front of others in the police station. While assaulting Jayarathne, the SI further was reported to say, “We, the police, have all powers to arrest, torture and kill anybody.” The Officer-In-Charge (OIC) of the Hasalaka police station later intervened and stopped the beating.
On following day, June 22, Jayarathne went to the same police station to lodge a complaint of assault against the said SI. However, the police refused to register his complaint. On June 23, Jayarathne again went to the police station and finally registered his complaint under case number C.I.B (12) 152/282 dated 23/06/07.
However, Jayarathne complains that the police have not yet initiated any investigation or arrest the responsible SI to date. The victim is skeptical about the investigation as the investigating officer is the fellow colleague of the alleged perpetrator working at the same police station.
This case clearly illustrates what makes torture endemic in police stations in Sri Lanka; failure of proper investigation into torture cases and actual protection of the alleged torture perpetrators which result in the widespread impunity in police forces. There is no doubt what an ordinary person’s fate will be at the hands of the policemen in the country where the public servant can be assaulted and threatened by the police without any hesitation.
The AHRC therefore demands that an impartial investigation to the case by the independent investigation agent excluding the local police, and the SI concerned should be arrested and prosecuted under the CAT Act No 22 of 1994 with the charge of torture.
ADDITIONAL COMMENTS:
The AHRC has recently reported similar cases that the police delayed to conduct investigations. For details, please see our previous appeals: UA-218-2007 and UA-093-2007.
As a state party to the International Covenant on Civil and Political Rights (ICCPR) and Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (CAT), the government of Sri Lanka has responsibilities to prohibit all acts of torture as stated in the two international laws.
In terms of domestic mechanisms to prevent and punish the acts of torture, the punishment in the corresponding CAT Act (No 22 of 1994) is a period of seven to ten years of rigorous imprisonment and a fine of 10,000 to 50,000 rupees.
In addition, National Police Commission has recently created a speedy inquiry mechanism into the alleged crimes committed by the police in accordance with the Rules of Procedure (Public Complaints) 2007. According to the Rules, the NPC should complete the investigation within a month after receiving the complaint.
SUGGESTED ACTION:
Please write a letter to the authorities below and urge them to take legal and disciplinary action against those responsible for assaulting Jayarathne and refusing to register the complaint. Please also urge them to investigate the complaint lodged against the police without further delay.
To support this case, please click here: SEND APPEAL LETTER
SAMPLE LETTER
Dear __________,
SRI LANKA: No investigation into the alleged police torture of a local council member in Kandy
Name of victim: Mr. Jayarathne, 45 years old, a member of Hasalaka local council (Pradeseey Saba), resident of 335 Hathe Ela, Hasalaka
Alleged perpetrator: Sub Inspector (SI) Nuwan Wickramasinghe from Hasalaka police station, Theldeniya Dist. Kandy Division
Date of incident: 21 June 2007
Place of incident: Hasalaka Police station, Theldeniya District, Kandy Division
I am writing to voice my deep concern regarding the assault, inhuman and degrading treatment of a local council member by the Hasalaka police on 21 June 2007.
According to the information received, Jayarathne, a member of Hasalaka local council (Pradeseey Saba) visited the Hasalaka police station to inquire about an allegation against a Sub Inspector (SI) Nuwan Wickramasinghe. He was alleged to be involved in selling illegal liquor. Being questioned, the SI started scolding Jayarathne in filthy language and assaulting him in front of others in the police station. While assaulting, the SI said, “We, the police, have all powers to arrest, torture and kill anybody.” The Officer-In-Charge (OIC) of Hasalaka police station later intervened to stop the assault and settled the matter. On following day, June 22, Jayarathne went to the same police station to lodge a complaint but the police refused. He went to the police station again on the next day, and finally made a complaint, C.I.B (12) 152/282 on June 23. However, no investigation has been conducted. It is reported that the police have been reluctant to investigate because the complaint was made against them.
I have learned that Sri Lanka is a state party to the International Covenant on Civil and Political Rights (ICCPR) and Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (CAT), Sri Lanka has responsibility to prohibit all acts which are infringed with both international laws.
Sri Lanka also has domestic mechanisms to prevent and punish acts of torture. The punishment in the corresponding CAT Act (No 22 of 1994) is a period of seven to ten years of rigorous imprisonment and a fine of 10,000 to 50,000 rupees. Besides, Human Rights Commission of Sri Lanka has adopted a ‘Zero Tolerance Policy’ against torture. The National Police Commission also has recently created a speedy inquiry mechanism into the alleged crimes committed by the police, in accordance with the Rules of Procedure (Public Complaints) 2007. According to the Rules, the NPC should complete the investigation within one month after receiving the complaint. However, those mechanisms are not employed in this case.
However, this case clearly illustrates what makes torture endemic in police stations in Sri Lanka; failure of proper investigation into torture cases and actual protection of the alleged torture perpetrators result in the widespread impunity among police forces. There is no doubt what an ordinary person’s fate will be at the hands of the policemen in the country where the public servant can be assaulted and threatened by the police without any hesitation.
In light of above, I urge your immediate action in ensuring a proper investigation into the alleged assault by Hasalaka police. I urge you to take legal and disciplinary action against those responsible for assaulting Mr. Jayarathne and refusing to register the victim’s complaint. I further urge you to launch an investigation by an independent investigating agency without delay, and in accordance to the Rules of Procedure created by National Police Commission. Compensation should be given to the victim.
Yours sincerely,
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PLEASE SEND LETTERS TO:
1. Deputy Inspector General of Police (DIG)
Central Range – West
DIG Office
Kandy
SRI LANKA
Tel: +94 81 2234288
Fax: +94 81 2223227
2. Senior Superintendent of Police (SSP)
SSP Office
Asgiriya
Kandy
SRI LANKA
Tel: +94 81 2222228
Fax: +94 81 2233004
3. Assistant Superintendent of Police (ASP)
ASP Office
Asgiriya
Kandy
SRI LANKA
Tel: +94 81 2374048
Fax: +94 81 2374048
4. Mr. Victor Perera
Inspector General of Police
New Secretariat
Colombo 1
SRI LANKA
Fax: +94 11 2 440440/327877
E-mail: igp@police.lk
5. Mr. C.R. De Silva
Attorney General
Attorney General’s Department
Colombo 12
SRI LANKA
Fax: +94 11 2 436421
6. Secretary
National Police Commission
3rd Floor, Rotunda Towers,
109 Galle Road
Colombo 03
SRI LANKA
Tel: +94 11 2 395310
Fax: +94 11 2 395867
7. 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
8. 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 Appeals Programme
Asian Human Rights Commission (ua@ahrchk.org)
