Dear friends,
It has come to the attention of Asian Human Rights Commission (AHRC) that a case of illegal arrest, detention and severe torture has taken place in Gurutalawa, Sri Lanka.
Moningal Akila Dilhara De Silva, a 17-year-old student of the St. Thomas College, Gurutalawa, was brutally arrested for no apparent reason at his home on 7 June 2004.
The police officers who arrested him later accused him of being responsible for a burglary a couple of days earlier into the home of police officer Prasanna Ginige, whose house is neighboring to that of De Silva’s.
Your urgent action is required to put an end to this abuse of law enforcement agencies in Panadura, Sri Lanka. AHRC is very concerned by this violence and abuse. This type of violence, particularly when carried out by the law enforcement agencies, must be halted immediately.
Urgent Appeals Desk
Asian Human Rights Commission (AHRC)
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DETAILED INFORMATION:
Name of the victim: Moningal Akila Dilhara De Silva 17 years
Alleged perpetrator: Prasanna Ginige (responsible) and sergeant Livera, Panadura Police
Date of incident: 7 June 2004
Place of Incident: 188/4, Palmgroue, Walana, Panadura.
Case Details:
On 7 June 2004 six officers from the Panadura Police, including sergeant Livera, arrested Moningal Akila Dilhara De Silva at his home. No reasons were given for his arrest.
The police officers made him get into the police vehicle and one of them said they needed to get a statement regarding the theft at one of his neighbors’ residence. Apparently, there had been a theft at the home of police officer Prasanna Ginige.
At the police station he was taken to the crimes branch and handcuffed while seated on the floor.
Later he was assaulted on the face, head and back by some officers. They accused him of breaking in to Prasanna Ginige’s residence.
Afterwards he was locked up in a cell, without any food to eat.
At about 1:00 am the following day, sergeant Livera took him out of the cell and handcuffed his hand together while keeping one hand over his shoulder and the other behind.
He was then beaten with a rubber hose on the head, lower part of the stomach, backside, legs and toes, for about 45 minutes. While he was beaten he was asked to confess what belongings he had stolen from Prasanna Ginige’s residence.
At about 2:10 am the victim was put back into the cell. Throughout the day he was repeatedly taken out from the cell, threatened and again handcuffed in the same manner. Sergeant Livera assaulted him multiple times with a rubber hosepipe. When in the cell, other police officers tortured him mentally by threatening to produce him in court.
Later that evening the police officers started consuming liquor and the victim was asked to join them, and was let out of the cell at about 8:00 pm.
At about 2:00 am he was taken by car to Prasanna Ginige’s residence where he was threatened by police officers that he would be chased away from the village.
Next he was taken to Egoda Uyana, as they wanted to arrest some more persons. He was however taken back to the police station alone, as the police could not arrest anyone.
At the police station the victim was asked to sign a statement and put back into the cell.
On the morning of 9 June 2004 he was finger printed and further assaulted. At 8:00 pm he was kept in the cell and later was released after getting his mother to sign a statement.
On 10 June 2004 the victim had pains all over his body and was bleeding from the nose, so he got admitted to the Kalubovila Government Hospital and was an inpatient in ward No. 27. He was examined by the J.M.O and on the following day, 11 June 2004 he was discharged from the hospital.
We request that immediate legal and disciplinary action be taken against the responsible officers of Panadura Police and Prasanna Ginige.
On 19 January 2004, the High Court of Colombo made the first conviction against the torture perpetrator M.J.T. Jayalath, a Sub Inspector attached to the Wallawatta Police Station, under the Prevention of Torture Act (CAT Act), Act No. 22 of 1994. The accused was sentenced to seven years rigorous imprisonment and a fine of 10,000 Rupees in default of the payment of which a further two years of imprisonment will be added. AHRC welcomes the High Court’s decision as a progressive move to stop the practice of torture. At the same time, AHRC urges the Sri Lankan government to keep taking its efforts to eliminate torture expediently.
SUGGESTED ACTION:
Please send a letter, fax or email to following addresses and express your concern about this serious case.
1. Ms. Chandrika Bandaranaike Kumaratunga
President
Democratic Socialist Republic of Sri Lanka
Presidential Secretariat
Colombo-1, Sri Lanka
Fax: +94 11 2 333 703
2. Hon. 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. Ranjith Abeysuriya PC
Chairman National Police Commission
69-1 Ward Place, Colombo 7
SRI LANKA
Fax: +94 11 2 669 128 / 691 926
Fax HOME: +94 11 2 674148
E-mail: polcom@sltnet.lk
4. Inspector General of Police (IGP)
New Secretariat
Colombo 1,
SRI LANKA
Fax: +94 11 2 381394/ 446174
5. Dr. Radhika Coomaraswamy
Chairperson
National 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. Mr. Theo C. van Boven
Special Rapporteur on the Question of Torture
OHCHR-UNOG, 8-14 Avenue de la Paix
1211 Geneva 10
SWITZERLAND
Fax: +41 22 917 9016
7. Ms. Manuela Carmema Castrillo
Working Group on Arbitrary Detention
OHCHR-UNOG, 1211 Geneva 10
SWITZERLAND
Fax: +41 22 917 9006
To support this case, please click here: SEND APPEAL LETTER
SAMPLE LETTER
Dear,
Re: SRI LANKA: Illegal arrest and torture
It has come to my attention that Moningal Akila Dilhara De Silva, a 17-year-old student of the St. Thomas College, Gurutalawa, was brutally arrested for no apparent reason at his home on 7 June 2004 by the Panadura Police. Followingly, he was illegally detained and severely tortured at the police station in Gurutalawa, Sri Lanka. The police officers who arrested him later accused him of being responsible for a burglary a couple of days earlier into the home of police officer Prasanna Ginige, whose house is neighboring to that of De Silva's.
I demand a thorough and expedient inquiry into this case. We demand that De Silva is given justice and that all possible measures are taken to ensure his safety and compensation. The law enforcement authorities must be properly scrutinized.
On 19 January 2004, the High Court of Colombo made the first conviction against the torture perpetrator M.J.T. Jayalath, a Sub Inspector attached to the Wallawatta Police Station, under the Prevention of Torture Act (CAT Act), Act No. 22 of 1994. The accused was sentenced to seven years rigorous imprisonment and a fine of 10,000 Rupees in default of the payment of which a further two years of imprisonment will be added. I welcome the High Court's decision as a progressive move to stop the practice of torture. At the same time, I urge the Sri Lankan government to keep taking its efforts to eliminate torture expediently.
Thank you for your attention.
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Urgent Appeals Programme
Asian Human Rights Commission (AHRC)
