Dear friends,
The Asian Human Rights Commission (AHRC) has received information that a man from Galle, Sri Lanka, who tried to register the case of robbery, rather brutally assaulted by one sub inspector (SI) of the Deputy Inspector General (DIG)-Galle Office on 24 August 2006. The victim is receiving threats from the Assistance Superintendent Police (ASP), who inquired about his complaint, after he attempted to lodge a complaint against the concerned SI. It is alleged that the ASP further threatened victim that he would be abducted and subsequently disappeared if he pursue the case.
A robbery case took place at the house of Mr. Wasantha Kumara’s aunt in Pamunugamuwa, Tal-ambara, Matara, Sri Lanka. On 29 June 2006, Mr Kumara complained with the Weligama police regarding the incident station about the incident (Case ref. no.: MOIB 169/25). Although the police had an eyewitness who identified a suspect, the officer of the Crime Investigation Department (CID) in the Wasantha police station allegedly suggested the victim to drop the case. Disturbed by the police inaction, Mr. Kumara and his aunt complained the case with the Assistant Police Superintendent of Akuressa on 4 July 2006, then with the assistant police superintendent of Matara on 27 July 2006, and to the Police Headquarter in Colombo on 28 July 2006. When he visited the police HQ second time to inquire about the case, Deputy Inspector General (DIG) Jayasundara advised Mr. Kumara and his aunt to complaint to the Galle GIC, Mr. Jayantha Gamage.
On 24 August 2006, Mr. Kumara accompanied by his aunt went to the office of the South province Deputy Inspector General (DIG) Mr. Jayantha Gamage in Galle to lodge the complaint. However, there they were kept waiting for more than 6 hours from 9:30am to 3:45pm, while some other people who came late were allowed to go in. Mr. Kumara then inquired from Sub Inspector Nishanka why they were kept waiting for so long and informed him that he came here upon the instruction from the police HQ. However, the SI Nishanka became abusive and shouted at Mr. Kumara to go back to Colombo and settle the matter on his own. He also refused to let Mr. Kumara and his aunt meet with the DIG. When Mr. Kumara protested this unjust act, SI Nishanka punched hard Mr. kumara’s face and continued to beat his face several times. Mr. Kumara felt faint and his aunt escorted him outside the office.
Later Mr. Kumara was warded at the Karapitia Hospital due to severe pain caused by the assault. In hospital, he was examined by the Judicial Medical Officer (JMO) and later Chief Inspector (CI) Pushpakumara from the Galle police station visited the victim in the hospital and recorded his statement regarding the police assault. The CI then asked the victim’s aunt to bring him to the police station as soon as he was discharged from the hospital. Upon instruction, on 31 August 2006, Mr. Kumara along with his aunt went to the Galle police station where CI Pushpakumara referred them to ASP Mr. Kumaratunga of Range III.
While inquiring the incident, the ASP Kumaratunga allegedly told Mr. Kumara, “I will find the stolen goods for you; I will also give a warning to the policeman who assaulted you; but are you willing not to pursue the matter any further?” When Mr. Kumara refused to do so, the ASP got angry and ordered his aunt to leave the room. He then threatened Mr Kumara not to get on the wrong side of the police and warned that it was not a good thing to antagonize police because the ASP was even empowered to cause the abduction and disappearance of a person like him. The ASP then called a typist and dictated a written statement himself to which Mr. Kumara was forced to sign. Mr. Kumara did so as he feared for further assault by the senior police officer. Till date, no progress happened any of the robbery case as well as his torture case.
SUGGESTED ACTION:
Please write to the relevant Sri Lankan authorities listed below and demand their prompt intervention into this case. Please urge them to take strong action against the concerned SI and ASP, who are responsible for the victim’s torture and threats.
To support this case, please click here: SEND APPEAL LETTER
SAMPLE LETTER
Dear __________,
SRI LANKA: A torture victim is threatened by police to withdraw his complaint
Name of victim: Mr. Wasantha Kumara
Alleged perpetrators:
1. Mr Nishanka, Sub Inspector attached to the southern province DIG Office
2. Mr. Kumaratunga, Assistant police superintendent of Galle
Date of incident: 24 August 2006 for the victim’s torture and 31 August 2006 for threats to the victim
I am deeply concerned by a case of a man mentioned above, who brutally assaulted by one sub inspector (SI) of the Deputy Inspector General (DIG)-Galle Office on 24 August 2006, while trying to lodge the complaint. I was also informed that he was further threatened of being abducted and subsequently disappeared by the Assistant police superintendent of Galle, when he attempted to pursue his complaint against the concerned SI.
To describe the case briefly, the victim reported a robbery case that took place at his aunt’s house in Pamunugamuwa, Tal-ambara, Matara, Sri Lanka with the Weligama police station on 29 June 2006 (Case ref. no.: MOIB 169/25). Although the police had an eyewitness who identified a suspect, they allegedly suggested the victim to drop the case. Disturbed by the police inaction, Mr. Kumara visited several police departments including the Police Headquarter in Colombo where Deputy Inspector General (DIG) Jayasundara advised him to complain to the Galle GIC, Mr. Jayantha Gamage.
However, when the victim along with his aunt visited the office of the South province Deputy Inspector General (DIG) Mr. Jayantha Gamage in Galle on 24 August 2006, they were kept waiting for more than 6 hours. When Mr. Kumara then inquired from Sub Inspector Nishanka why they were kept waiting for so long, SI Nishanka became abusive and began to brutally assault the victim’s face. Later Mr. Kumara was warded at the Karapitia Hospital due to severe pain caused by the assault. In hospital where he was examined by the Judicial Medical Officer (JMO) and Chief Inspector (CI) Pushpakumara from the Galle police station recorded his statement. The CI then asked the victim’s aunt to bring him to the police station as soon as he was discharged from the hospital.
Upon instruction, on 31 August 2006, Mr. Kumara along with his aunt went to the Galle police station upon CI Pushpakumara’s instruction and the CI referred them to ASP Mr. Mumaratunga of Range III. However, while inquiring the incident, the ASP Kumaratunga allegedly threatened the victim not to pursue the case against the police, saying that he has a power to cause the abduction and disappearance of a person like him. The ASP then allegedly called a typist and dictated a written statement himself to which the victim was forced to sign. Mr. Kumara did so as he feared for further assault by the senior police officer. Till date, no progress happened any of the robbery case as well as his torture case.
I am shocked to know that the senior police officer such as ASP, apart from refusing to take any action against the concerned SI, is also threatening the victim to withdraw their complaint. I am also equally concerned about the failure of the local police to register the case on the complaint of the victim.
I am aware that the Sri Lanka has ratified the Convention against Torture (CAT) and has enacted the domestic legislation called CAT Act No. 22 of 1994 to give it effect. Therefore, I strongly urge you to order a prompt and thorough investigation into Mr. Kumara’s torture case and prosecute the concerned SI under the CAT Act No. 22 of 1994. I also urge you to inquire about the alleged threats to the victim and take strong disciplinary and legal action against the concerned ASP in connection with this matter. I further urge you to suspend the concerned SI and ASP during the investigation process to ensure the victim’s safety.
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 therefore call upon you to take immediate action in this regard. I also urge you to conduct a full inquiry into the Weligama police’s inaction into the original robbery case and take necessary action against those responsible.
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. Victor Perera
Inspector General of Police
New Secretariat
Colombo 1
SRI LANKA
Fax: +94 11 2 440440/327877
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)
