Dear friends,
The Asian Human Rights Commission (AHRC) has received information regarding the arbitrary arrest, detention and subsequent brutal torture of Mr. Suddage Sirisena, a fifty-year-old rural farmer on 24 August 2006 the Kekirawa police in Anuradhapura district, Anuradhapura division, Sri Lanka; and the inexcusable coercion tactics employed by the accused officers in preventing the application of the process of due justice.
On 24 August 2006, Mr. Sirisena was forcibly taken by arresting officers to the Kekirawa Police Station, where he was brutally tortured by two senior officers; sustaining grievous bodily injuries, a fractured nose and the loss of five front teeth. He was later hospitalized at the local government hospital for a period of several days, during which time, he was also informed that his two torturers had been suspended from duty.
Then, 22 September 2006, at about 1:30pm, Police Sergeant Keerthi from the same police station visited Mr. Sirisena at his home, and told him that the Anuradhapura Senior Superintendent of Police (SSP) wished to record Mr. Sirisena’s formal statement. Mr. Sirisena was then told to come to the Kekirawa Police Station- the place of his torture- that very same day at around 4:00pm.
At around 3:45pm, Mr. Sirisena together with his nephew arrived at the Kekirawa Police Station as instructed. Sergeant Keerthi was not present at that time. The police officers claimed that they knew nothing of the SSP’s supposed visit to the station, and instructed Mr. Sirisena and his nephew to wait until Sergeant Keerthi’s return. When Sergeant Keerthi did finally arrive, and was asked by Mr. Sirisena as to the whereabouts of the SSP, Sergeant Keerthi simply replied that he tricked Mr. Sirisena into coming to the station, so that he could arrest him. It was later revealed that Sergeant Keerthi had obtained a warrant for Mr. Sirisena’s arrest from the Thambuththegama Magistrate’s Court for failure to appear in court.
Mr. Sirisena was subsequently detained in the police lock-up. It is appropriate to draw the reader’s attention at this point to prior charges brought against Mr. Sirisena over four years ago, for the alleged illicit felling of timber. He had been unable to appear before the court to face these charges on a number of occasions, and on 12 June 2006, was arrested by the Kekirawa police and produced before the Thambuththegama Magistrate, who fined Mr. Sirisena Rs. 1500 (USD 14). Unable to pay this amount, he was imprisoned. Later however, Mr. Sirisena’s brother paid off the outstanding fine, and obtained his release from prison.
However, Mr. Sirisena claims that he cannot comprehend the reason behind his latest arrest, as his prior criminal case has been long concluded.
During his detention, Mr. Sirisena also alleged that the security guard of a local politician, and several policemen visited him in the lock-up, and urged him to “forgive” one Police Constable (PC) Jinadasa (one of his torturers, and who is currently serving his suspension). Mr. Sirisena’s nephew had also received a telephone call from the same security guard, pressing him to immediately withdraw his uncle’s criminal case against PC Jinadasa.
At around 1:00 pm of the next day (September 23), Mr. Sirisena was taken from the lock-up, and sat on a bench, where he was then told that he was going to be produced before the Magistrate. Mr. Sirisena’s lawyers tried several times to dissuade the police from taking such an extreme measure in the absence of a clear-cut case against him. At around 1:45pm, Mr. Sirisena was produced before the Kekirawa Magistrate’s Court and released on bail.
To this day, Mr. Sirisena has not been informed of the reason behind his arrest, detention and torture, but is of the strong opinion, that this was all a ruse on the part of the Kekirawa police to scare him into withdrawing his complaints against the two senior police officers who severely beat and tortured him.
SUGGESTED ACTION:
Please write to the relevant authorities listed below, expressing your grave concern and ethical denunciation of the flagrant abuse of positions of state-appointed authority in the brutal torture and systematic intimidation of Mr. S. Sirisena by officers of the Kerikawa Police Station.
To support this case, please click here: SEND APPEAL LETTER
SAMPLE LETTER
Dear __________,
SRI LANKA: Farmer brutally tortured and systematically intimidated by police
Name of victim: Mr. Suddage Sirisena; fifty-year-old farmer, married with two children
Alleged perpetrators:
1. PC Jinadasa; one of the two alleged torturers, and who was later suspended following Mr. Sirisena’s formal complaint
2. Sergeant Keerthi; falsely arrested Mr. Sirisena as part of an intimidation ploy
3. Unidentified security guard of local politician
4. Officers of the Kerikawa police station
Date of incident: Tortured on 24 August 2006 and arbitrarily arrested on 22 September 2006
Place of incident: Kerikawa Police Station, Anuradhapura district, Anuradhapura division, Sri Lanka
I am writing to voice my deep concern regarding the unlawful arrest, detention and subsequent brutal torture of Mr. Suddage Sirisena, a fifty-year-old rural farmer on 24 August 2006 by officers of the Kekirawa Police Station; and also, the inexcusable coercion tactics subsequently employed by the accused officers in preventing the application of the process of due justice.
According to the information that I have received, on 24 August 2006, Mr. Sirisena was forcibly taken by arresting officers to the Kekirawa Police Station, where he was brutally tortured by two senior officers; sustaining grievous bodily injuries, a fractured nose and the loss of five front teeth. He was later hospitalized for a period of several days, during which time, he was also informed that his two torturers had been suspended from duty.
On 22 September 2006, at about 1:30pm, Mr. Sirisena was told by Police Sergeant Keerthi come to the Kekirawa Police Station by 4:00pm because the Anuradhapura Senior Superintendent of Police (SSP) wished to record Mr. Sirisena’s formal statement. However, when he went to the police station along with his nephew as instructed, he was arrested by Sergeant Keerthi who admitted to tricking Mr. Sirisena into coming to the station. It was later revealed that Sergeant Keerthi had obtained a warrant for Mr. Sirisena’s arrest from the Thambuththegama Magistrat’s Court for failure to appear in court. However, the victim claims that that he cannot comprehend the reason behind his arrest, as his prior criminal case for the alleged illicit felling of timber has been long concluded.
I was also informed that during his detention, the security guard of a local politician, and several policemen visited the victim in the lock-up, and urged him to “forgive” one PC Jinadasa, one of his torturers. Mr. Sirisena’s nephew had also reportedly received a telephone call from the same security guard, ordering that he immediately withdraw his uncle’s criminal case against PC Jinadasa.
At around 1:00 pm of the following day, Mr. Sirisena was produced before the Kekirawa Magistrate’s Court, where he was released on bail. To this day, Mr. Sirisena has not been informed of the reason behind his arrest, detention and torture. He believes that they were all a ruse on the part of the Kekirawa police to pressuring him to withdrawing his complaints against his two torture perpetrators.
I am utterly appalled and disgusted by the monstrous behaviour demonstrated by the accused officers of the Kerikawa police in this incident, and in particular their apparent intimidation of the victim by abusing their state-appointed power. It is my understanding that the total abuse of the law and state-appointed authority by the police has been common practice in Sri Lanka. This is simply unacceptable. As long as cases like Mr. Sirisena’s continue to fall through the cracks of the already paper-thin justice system, and state-officers continue to be immune to the very laws which they have been appointed to protect and enforce, there can be no rule of law in Sri Lanka.
Therefore, I strongly urge you to adopt all necessary measures in ensuring that Mr. Sirisena’s case receives the prompt and proper investigation that it deserves. Immediate inquiries should be made into this incident, and an official investigative inquiry must be held in coordination with the relevant judicial and investigating authorities in Sri Lanka in ensuring the proper course of justice, which is long overdue for Mr. Sirisena. More importantly, disciplinary and legal prosecutory action must be taken against the accused police officers, under the CAT Act of 1994. I also urge you to inquire about the alleged intimidation to Mr. Sirisena and bring those responsible to justice immediately. I further urge you to ensure the security of Mr. Sirisena and protect him from being intimidated by his torturer or other police officers during the investigation process.
By doing so, this will send a strong and clear message to law enforcement officers, as well as to the wider civil society, that the corruption of the rule of law and the violation of fundamental human rights will no longer be accepted, nor tolerated in Sri Lanka.
I look forward to your prompt and effective response in this matter.
Yours sincerely,
—————-
PLEASE SEND YOUR LETTER TO:
1. 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
Email: secretary@presidentsoffice.lk
2. Mr. K. C. Kamalasabesan
Attorney General
Attorney General’s Department
Colombo 12
SRI LANKA
Fax: +94 11 2 436421
Email: attorney@sri.lanka.net
3. Mr. Chandra Fernando
Inspector General of Police
New Secretariat
Colombo 1
SRI LANKA
Fax: +94 11 2 440440/327877
Email: chandralaw@police.lk
4. 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
5. 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
6. Prof. Manfred Nowak
Special Rapporteur on the Question of Torture
OHCHR-UNOG
1211 Geneva 10
SWITZERLAND
Tel: +41 22 917 9230
Fax: +41 22 9179016 (general)
Thank you.
Urgent Appeals Programme
Asian Human Rights Commission (ahrchk@ahrchk.org)
