Dear Friends
Inhuman Assault by the Bagawantalawa police of three young men
The victims are;
Name : Ramaiya Dhanapala Singham
Age : 23 years
Civil status : married with one child
Address : Chapelton Estate, T.V. Division Bagawantalawa
Employment : estate worker in Chapelton
Name : Ramaiya Saravanaraj
Age : 26 years
Civil status : unmarried
Address : Chapelton Estate, T.V. Division Bagawantalawa
Employment : helper at the restaurant (Ariyabavan Hotel, Matale)
Name : Muragaiya Prabhakaran
Age : 25 years
Civil status : unmarried
Address : Chapelton Estate, T.V. Division Bagawantalawa
Employment : tourist restaurant (Dynamo Restaurant)
Period of detention and torture : 7th July 2003 between 5 and 6 in the evening
The Location : Bagawantalawa town
Relevant police station : Bagawantalawa
Suspected police officers : group of officers and the Officer in Charge -OIC of the Bagawantalawa police.
Courts : Hatton magisterial courts
Eye Witnesses : Rama Chrisnan and Devum Nadaraja (both from Chapelton Estate)
Persons from whom further evidence can be got are;
Thuraisamy Murugaiya (the father of Prabhakaran)
Thangaiya Ramaiya and Sevana Muttu Kumari (the parents of Ramaiya Dhanapala Singham and Ramaiya Saravanaraj)
Loganathan : the president of the Pradeshiya Sabha (provincial council)
Uththran : trade union representative of C.W.C
Bala : a resident of Bogawantalawa
Three-wheeler drivers of the town, and others.
Description of the Incident:
While the three of them, Ramaiya Dhanapala Singham, Ramaiya Saravanaraj and Muragaiya Prabhakaran were walking from the town of Bogawantalawa towards Chapelton in the evening between 5 and 6pm on 7th July 2003, two three-wheelers came at high speed from the opposite direction. The first one hit Ramaiya Dhanapala Singham, resulting in him being thrown off the road. Since the three-wheeler failed to stop after the accident, the three of them turned back to go and make a complaint at the Bogawantalawa police station. In Bogawantalawa town there is a cinema hall by the side of the R.G.K. shop where cassettes are sold. As the three of them approached the shop, they were severely assaulted by three people in civilian clothing who got down from a jeep with batons and poles. It is from their conversation and the way that they addressed each other that the three victims learnt that these were police officers and the OIC of the Bogawantalawa police.
Following the assault in the town, they were then taken to the Bogawantalawa police station and then beaten again by the person identified as the OIC.
At about ten at night, on a request made by phone by the OIC, a certain officer by the name Karunakaran and a worker at the hospital, the doctor arrived at the hospital and after a discussion with the OIC, Ramaiya Saravanaraj was examined. According to Ramaiya Saravanaraj, he was warned by the OIC not to tell the doctor that he was assaulted by him but by the three-wheeler driver. While he was being examined by the doctor, the OIC held a pistol against his brother and threatened to shoot him if he told the doctor that he had been assaulted by him.
As well as this, according to Ramaiya Saravanaraj, the doctor did not ask him anything and did not examine the wounds that were on his back which had been caused by the beatings with a pole, nor the injuries of his brother, Muragaiya Prabhakaran.
While these three people were in hospital, they were visited by Thangaiya Ramaiya and Sevanu Muttukumari, the parents of Ramaiya Danapala Singham and Ramaiya Savanaraj, Thuraisamy Murugaiya the father of Murugan Prabhakaran, Mr.Logan the Chairperson of District Council, and Mr. Uthran, the representative of the trade union C.W.C. They were all chased away by the OIC of the police and were told that they could see things at the local courts.
They were then taken to the police station and remanded. Mr. Bala who came with food for the night for the three of them was chased away by the OIC and the hot water that was brought was also thrown at him, resulting in his hands being burnt.
The following day, 8th July 2003, the OIC got their signatures on a document and it was learnt that the same document was later submitted to the Magistrate in Hatton.
In the complaint made by the police to the magistrate regarding the three persons, they were accused of having assaulted the three-wheeler driver. The lawyer appearing for the defendants pointed out that the three of them were actually assaulted by the police. Besides, the wounds sustained on Ramaiya Saravanraj’s back was shown to the magistrate (by lifting the T-shirt that he was wearing), the magistrate was not interested. Instead, the magistrate asked the police officer why the guns given to them were not used on such occasions. Then they were ordered to be remanded for a further 14 days.
After being imprisoned at Bogambara prison, Ramaiya Dhanapalasingham was in a ward in the prison hospital for three days for treatment of the wounds sustained at the hands of the police.
Then the lawyer, Mr.Rajendran, on a motion made to the magistrate got them bailed out. Despite the fact that torture by police was mentioned in the application for bail, the magistrate requested them to make a complaint to the police.
Later they were admitted to the Nuwaraeliya hospital and remained there for four days during which time a statement was recorded by an officer bearing the number R 7957, who was attached to the hospital police. The next hearing at the Hatton magistrate court was fixed for 19th August 2003.
UPDATED INFORMATION
Even the efforts made by the victims to make a complaint to the Superintendent of Police – SP for Hatton, regarding the failure on the part of the police to inquire into their torture, met with no success.
Through the mediation of the Kandy Justice, Peace and Human Development committee, the victims were able to meet with the SP Mr. R. Kumarasinghe and make a complaint.
The Assistant Superintendent of Police refused to accept their complaint but later on the evidence provided by the representative of the Human Rights Committee he recorded separate statements from each of the three tortured persons. Unfortunately so far no investigations have been conducted regarding this complaint.
In the meantime, the complaint made by the police against these three persons were to be heard on the 19th August, but due to the absence of the magistrate the case was postponed for 9th September. It also must be mentioned that so far the police have not been able to produce any charges against them.
Case No. B – 337/03
MC – Hatton
The case has been reported to the National Police Commission and the National Human Rights Commission by the Justice, Peace and Human Development Committee.
SEND LETTERS/FAXES/EMAIL TO:
1. Mr. John Amaratunge
Minister of Interior
P.O. Box 572, No. 15/5, Baladaksha,
Mawatha, Colombo 3,
SRI LANKA
Tel: 941 2 430-860
Fax: 00941 2 -385526
Email: interior@sltnet.lk
2. Hon. Mr. K. C. Kamalasabesan
Attorney General
Attorney General’s Department
Colombo 12
SRI LANKA
Fax: +94 1 2 436 421
Email: attorney@sri.lanka.net or counsel@sri.lanka.net
3. Mr. Ranjith Abeysuriya PC
Chairman National Police Commission
69-1 Ward Place, Colombo 7
Sri Lanka
Fax: +94 1 2 691 926
Fax HOME: +941 2 674148
4. National Human Rights Commission of Sri Lanka
No. 36, Kynsey Road, Colombo 8
SRI LANKA
Tel: +94 1 2 694 925 / 673 806
Fax: +94 1 2 694 924
E-mail: sechrc@sltnet.lk
5. Mr. Theo C. van Boven
Special Rapporteur of the Commission on Human Rights on the Question of Torture
OHCHR-UNOG
8-14 Avenue de la Paix
1211 Geneva 10
SWITZERLAND
Fax: +41 22 917-9016
E-mail: secrt.hchr@unog.ch
and at:
International Relations
Maastricht University
The Netherlands
Tel: 31-43-3883233 (Assistant: Chantal Kuipers)
Email: th.vanboven@ir.unimaas.nl
To support this case, please click here: SEND APPEAL LETTER
SAMPLE LETTER
Dear
RE: Torture and Inhuman Assault of three young men by the Bagawantalawa police
I write regarding the unmitigated incident of assault, Torture and illegal detention of Ramaiya Dhanapala Singham, Ramaiya Saravanaraj and Muragaiya Prabhakaran. The three men were walking from the town of Bogawantalawa towards Chapelton in the evening between 5 and 6pm on 7th July 2003. They were severely assaulted by three people in civilian clothing with batons and poles who got down from a jeep. It is from their conversation and the way that they addressed each other that the three victims learnt that these men who assaulted them were police officers, including the OIC of the Bogawantalawa police. The three victims were further assaulted and Tortured when they were held illegally in jail.
I urge you to allow a medical doctor access to Ramaiya Dhanapala Singham, Ramaiya Saravanaraj and Muragaiya Prabhakaran, to give them the medical attention they require. I also strongly urge you to order an impartial and urgent investigation into this incident of the inhuman treatment of the three victimes, and to bring disciplinary action against the perpetrators.
Thank you.
Yours faithfully
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Thank you.
PAMELA APPS
Urgent Appeals Programme
Asian Human Rights Commission
