Dear friends,
The Asian Human Rights Commission (AHRC) has received information regarding the continual and apparent deliberate delay in seeking justice for a victim of torture against two accused police officers. Suresh Pradeep Kumara, who was alleged tortured by IP Indrajith of the Mt. Lavinia police station, and PS Bandara of the Kantale police station, has now had his inquiry into this torture delayed on nine occasions. Each time he has appeared for the inquiry, he has been told, after several hours of waiting, that inquiries need to be postponed because of either the absence of the accused, the absence of the inquiring officer, or the absence of the defence officers of the accused. Despite this delay, on each occasion that Mr Kumara has fronted for the inquiry, the police have taken the opportunity to coerce and threaten him, his mother and other complainants to withdraw the charges against the accused. Disillusioned with such delay, Mr Kumara has informed the inquiring police officer that he will no longer appear for the inquiry. Such a decision, however, will not bring justice to either Mr Kumara or the two police officers accused of torturing him.
We ask for your immediate intervention in this matter. Please write to the relevant officials listed below seeking immediate redress to this situation. The inquiry must go ahead immediately with no further delay tolerated. A full and independent inquiry must be conducted into Mr Kumara’s torture claim, and if found guilty, justice should be brought to the two police officers. Protection must be provided to Mr Kumara and his family while investigations are underway, as they must not be subjected to threat for the course of action they are taking.
Urgent Appeals Desk
Asian Human Rights Commission (AHRC)
———————————————————-
DETAILED INFORMATION
Name of the victim: Suresh Pradeep Kumara Address: 36, Miriswatte, Mahavila, Panadura.
Perpetrators: IP Indrajith of the Mt. Lavinia police station, and PS Bandara of the Kantale police station.
Background of the case:
This case is with reference to a departmental inquiry (No. S/233/03) conducted by the Assistant Superintendent of Police (ASP) — Motor Traffic Division of the Western Province (South), R.A.C. Ranjit into the alleged torture committed by two perpetrators against several persons including the victim-complainant, Suresh Pradeep Kumara.
Mr Kumara says that the aforesaid inquiry was to be held on 28 March 2005 at 10 a.m. at the ASP’s office at Mt. Lavinia, but it was postponed to another day. He claims that this is the ninth time the said inquiry had been fixed for a certain date, but postponed, for one of the following reasons:
(a) Absence of the accused;
(b) Absence of the inquiring officers;
(c) Defence officers of the accused.
On each of these days, Mr Kumara would usually be kept waiting for several hours before being informed of the postponement. Furthermore Mr Kumara states that on each of these days (on which the inquiry was to be held but was not) the accused police officers took the opportunity to coerce and threaten him, his mother and the other complainants to withdraw the charges of torture made against the accused – including the Magistrate’s Court case pending against them.
Unable to withstand this pressure, all the complainants, except Mr Kumara, have now withdrawn their complaints against the accused and have handed in letters to this effect to the inquiring ASP. Mr. Kumara claims that when this was notified to the ASP on 3 January 2005 he postponed the disciplinary inquiry to the 28 March 2005.
On March 28, the ASP arrived one hour late for the inquiry. When he realised that only Mr. Kumara was present he once again postponed the inquiry to 19 April 2005. When the complainant mentioned that the other witnesses might not have been sent notices, the ASP said, “You bring them if you can!”
It is thus the opinion of Mr Kumara that there is a sinister attempt on the part of the police hierarchy to prevent the 2 accused from being made accountable for their illegal actions. He also states that the inquiry has been dragged on for so long intentionally, in order to frustrate the complainants out of pursuing their complaints.
Angered by the treatment meted out to him by the police – first in torturing him, and then treating his complaint lightly – he has now informed the inquiring police officer that he will no longer appear for the inquiry. He has also notified the same to the Inspector General of Police, the head of the police legal division, DIG Thangavelu and the Chairperson of the National Human Rights Commission.
SUGGESTED ACTION:
Please send letters to the relevant authorities listed below to raise your serious concerns on this matter.
Dear _______,
Re: SRI LANKA: Torture victim disillusioned as police departmental inquiry against torturers is repeatedly delayed
Name of the victim: Suresh Pradeep Kumara Address: 36, Miriswatte, Mahavila, Panadura.
Perpetrators: IP Indrajith of the Mt. Lavinia police station, and PS Bandara of the Kantale police station.
I am deeply concerned by the repeated delay in the police departmental inquiry of torture committed by two police officers against several persons. I specifically write in regards to torture victim Mr Suresh Pradeep Kumara, who was alleged tortured by IP Indrajith of the Mt. Lavinia police station, and PS Bandara of the Kantale police station, and who has now had his inquiry into this case delayed on nine occasions. Each time he has appeared for the inquiry, he has been told, after several hours of waiting, that inquiries need to be postponed because of either the absence of the accused, the absence of the inquiring officer, or the absence of the defence officers of the accused. Despite this delay, on each occasion that Mr Kumara has fronted for the inquiry, the police have taken the opportunity to coerce and threaten him, his mother and other complainants to withdraw the charges against the accused. Disillusioned with such delay, Mr Kumara has informed the inquiring police officer that he will no longer appear for the inquiry. Such a decision, however, will not bring justice to either Mr Kumara or the two police officers accused of torturing him.
I therefore call for your immediate intervention in this matter. I urge you to take steps to ensure that the inquiry goes ahead immediately, with no further delay tolerated. A full and independent inquiry must be conducted into Mr Kumara’s torture claim, and if found guilty, justice should be brought to the two police officers. Protection must be provided to Mr Kumara and his family while investigations are underway, as they must not be subjected to threat for the course of action they are taking. Investigations should also be conducted into the behaviour of the Assistant Superintendent of Police and as to why he has allowed this case to drag on for so long.
I look forward to your immediate intervention in this case.
Yours truly,
————-
SEND A LETTER TO:
1. Mr. Mahinda Rajapakse
Prime Minister
Temple Trees
Galle Road, Colombo 03
SRI LANKA
Tel: +94 11 2 543938-42 / 437676
Fax: +94 11 2 384916
E-mail: pm_sec@slt.lk
2. Mr. K. C. Kamalasabesan
Attorney General
Attorney General’s Department
Colombo 12
SRI LANKA
Fax: +94 11 2 436 421
Email: attorney@sri.lanka.net or counsel@sri.lanka.net
3. Mr. Chandra Fernando
Inspector General of Police (IGP)
New Secretariat
Colombo 1
SRI LANKA
Fax: +94 11 2 440440/327877
4. Mr. Ranjith Abeysuriya PC
Chairperson
National Police Commission
69-1 Ward Place, Colombo 7
SRI LANKA
Fax: +94 11 2 669 528
Fax HOME: +94 11 2 674148
E-mail: polcom@sltnet.lk
5. Dr. Radhika Coomaraswamy
Chairperson
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
6. Prof. Manfred Nowak
Special Rapporteur on the Question of Torture
Attn: Mr. Safir Syed
C/o OHCHR-UNOG
1211 Geneva 10
SWITZERLAND
Tel: +41 22 917 9230
Fax: +41 22 917 9016 (general)
Thank you.
Urgent Appeals Programme
Asian Human Rights Commission (AHRC)
To support this case, please click here: SEND APPEAL LETTER
SAMPLE LETTER
