Dear friends,
The Asian Human Rights Commission (AHRC) has received information regarding the torture and fabrication of charges, of a man by the Matale police in Sri Lanka, on 26 February 2007. He was brutally kicked and beaten by the police and fabricated charges were laid against him. Despite making a complaint to the Human Rights Commission of Sri Lanka regarding the police torture, no action has been taken.
CASE DETAILS: (Based on the victim’s testimony)
On the night of 26 February 2007, A.A.D.I.A. Attanayake, was quarrelling with his wife over some financial matters. His sister-in-law, Ms. Nilanthi Chaturani Silva, reported their argument to the police by calling the Emergency Hotline. Officers from Matale police station, including Sergeant Ekanayake, Sergeant 54332 Gunawardene, Police Constable 57156 Jayatilaka and a number of village security guards then forcibly entered Mr. Attanayake’s house, bound his hands and dragged him to a (police) jeep. While Mr. Attanayake was being taken to the jeep, he was forced to lie on the floor and was severely kicked on his chest, by the policemen with their boots.
Additionally, he was beaten by another officer with a wooden pole, at which point he lost control of his bowels. The victim was then taken to a doctor at the Matale hospital, who examined him for marks of torture. Following his complaint, the doctor made a sketch of the injuries and admitted the victim to the hospital for treatment for the wounds on his body following which Mr. Attanayake was then taken in the same jeep to the Matale police station, where he was again beaten. The victim was not given any food. He was then taken to the minor complaints section and a statement was taken. According to him, he mentioned the police torture but it was recorded in the statement that he was remanded for trespassing and stealing 15,000 rupees (USD 133) on 26 February 2007 and for threatening behaviour on 25 February 2007.
On being admitted to the section for prisoners in the Matale prison, Mr. Attanayake told a Sergeant Major of the torture inflicted by the Matale police. Consequently, the Sergeant Major examined the victim on the understanding that he would also take a statement. In Mr. Attanayake’s statement, he included that three members of the Matale police, including Sergeant Ekanayake, had severely beaten him. That night, he was taken to the Kandy prison on Raja Weediya and at around 8:30pm was examined by the Sergeant Major. After giving a statement, under section 761, the victim was then taken to the Bogambara prison. The victim was then taken to the pre-trial detention section, after being produced before the courts with the complaint number B/138/2007, on 26 February 2007, where he was remained until 5 March 2007. After his release, the photos of torture marks on his body were taken immediately. To see the photos, please click photo 1, photo 2, photo 3, photo 4and photo 5.
The victim has complained to the Human Rights Commission of Sri Lanka regarding the torture by the police but to-date no action has been taken.
The AHRC is gravely concerned by the torture of Mr. Attanayake by the Matale police station. He was beaten by the police at that time of arrest in his house, while taken to the Matale police station in a jeep and inside the police station. This case indicates how poorly trained the police are in dealing with a person. The AHRC is also concerned by the inaction in the investigation even though the victim has complained to the relevant authorities. Immediate investigation should be started without further delay.
SUGGESTED ACTION:
Please write to the relevant authorities listed below and urge them to start an investigation without delay and take immediate legal and disciplinary action against the alleged perpetrators who tortured the victim and fabricated charges against him. Please also urge them to ensure that he is paid appropriate compensation for the injuries caused and also for the violation of his fundamental rights.
To support this case, please click here: SEND APPEAL LETTER
SAMPLE LETTER
Dear __________,
SRI LANKA: Matale police tortured a man but no investigation conducted
Name of victim: A.A.D.I. A. Attanayake, married, resident of No. 39/1, Navajanapadaya Wariyapola, Katudeniya, Matale
Name of alleged perpetrators:
1. Sergeant Ekanayake
2. Sergeant 54332 Gunawardene
3. Police constable 57156 Jayatilaka and a number of unidentified village security guards
Date of incident: 26 February 2007
Place of incident: Matale police station, Matale Dist. I, Matale Division
I am writing to voice my deep concern regarding the alleged fabrication of charges and torture of A.A.D.I. A. Attanayake, by the Matale police, including Sergeant Ekanayake. According to the victim, on the night of 26 February 2007, A.A.D.I.A. Attanayake, was quarrelling with his wife over some financial matters. His sister-in-law, Ms. Nilanthi Chaturani Silva, reported their argument to the police, by calling the Emergency Hotline. The police from Matale police station including Sergeant Ekanayake, Sergeant 54332 Gunawardene, Police Constable 57156 Jayatilaka and a number of village security guards then forcefully entered Mr. Attanayake’s house, bound his hands and dragged him to a (police) jeep. While Mr. Attanayake was being taken to the jeep, he was forced to lie on the floor and was severely kicked on his chest, by the policemen with their boots.
I am informed that he was beaten by another officer by a wooden pole, at which point he lost control of his bowels. The victim was then taken to a doctor at the Matale hospital, who examined him for marks of torture. Following his complaint, the doctor, made a sketch of the injuries and admitted the victim to the hospital for treatment for the wounds on his body.
I am also informed that Mr. Attanayake was then taken in the same jeep to the Matale police station, where he was beaten again. The victim was not given any food. He was then taken to the minor complaints section and a statement was taken. Mr. Attanayake included the torture inflicted by the police in his statement. According to him, he mentioned the police torture but the statement only recorded that he was remanded for trespassing and stealing 15,000 rupees (USD 133) on 26 February 2007 and for threatening on 25 February 2007. With this complaint, he was remanded till 5 March 2007.
Even though the victim has complained to the government authorities regarding this police torture, no action has been taken by any authorities till now. Therefore on behalf of this victim of police brutality, I urge that you to conduct an immediate and impartial investigation and inquiry into the victim’s complaint against the Matale police without further delay and thereafter take severe disciplinary and legal action against the alleged perpetrators. I also urge you to afford the victim adequate compensation for the physical and mental consequences he has suffered and continues to suffer as a result of this police brutality.
I earnestly look forward to your prompt action into this matter.
Yours sincerely,
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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. C.R. De Silva
Attorney General
Attorney General’s Department
Colombo 12
SRI LANKA
Fax: +94 11 2 436421
Email: attorney@sri.lanka.net
3. 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
E-mail: npcgen@sltnet.lk
4. Secretary
Human Rights Commission
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
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)
