Dear friends
The Asian Human Rights Commission (AHRC) has received information about another severe torture case from Kandy, Sri Lanka. According to the information received, Shiron Jeewantha Pallekanda, 22, was severely tortured after being arrested by the police from the Katugastota Police Station on 7 December 2003. The police have not provided any medical treatment to the victim yet, nor have they produced him before a magistrate even though the Sri Lankan law requires that the police should produce any arrested person before a magistrate within 24 hours. The victim is still in custody at the police station and his family is worrying that he will face further torture by the police. Your urgent action is required to pressure the local authorities to correct this matter immediately.
Urgent Appeals Desk
Asian Human Rights Commission (AHRC)
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Name of the victim: Shiron Jeewantha Pallekanda (22 years old)
Alleged perpetrators: Some officers attached to the Katugastota Police Station
Period of arbitrary arrest, detention and torture: 7 December until now
Case details (Based on the statement of the victim’s father P. M. Hemapala):
On 6 December 2003, police officer Hemantha and other police officers from the Katugastota Police Station came to the house of P. M. Hemapala in Pallewatta, Pitawala, Nawalapitiya and searched for his son Jeewantha, who was not at home at that time. They took Jeewantha’s photo from the house and asked Hemapala to sign a statement which he knew nothing about. Then, the police officers requested him to bring his son to the Katugastota Police Station on Sunday, 7 December 2003. But Hemapala replied that Jeewantha could not go to the Katugastota Police Station because he was requested to report to the Kekirawa Police Station on Sunday. The police officers told him to bring his son to the police station on Sunday afternoon.
Around 11:00 am on 7 December 2003, Shiron Jeewantha Pallekanda with his father went to report to the Kekirawa Police Station. The police kept him until 7:30 pm at the police station on the request of the Katugastota Police Station. Around 7:30 pm the police from the Katugastota arrested Jeewantha on suspicion of vehicle stealing and took him to the Katugastota Police Station. The victim’s father followed them in a lorry.
Around 9:30 am of the next day (8 December), the victim’s father went to the Katugastota Police Station to see his son. The victim had not been until Sunday morning. However, when the victim’s brother Chandika went to the Katugastota Police Station to see his brother around 4.00 pm, he found out Jeewantha was severely beaten by the police. After he came back home, he informed it to his father.
Around 7:30 am on 9 December, the victim’s father went to the police station. When he met his son, Jeewantha told his father that the police severely beat him and he vomited because of the torture. Then, the police officers took him to a private doctor on the evening of 8 December and the doctor gave a bogus medicine named Wasantha to the police, and even that was not given to the victim. The police officers told the victim’s father that they could not produce the victim before a magistrate because their investigation was incomplete. However, the Sri Lankan law requires that the police must produce any arrested person before a magistrate within 24 hours. In addition, the police have not provided any medical treatment to the victim until now.
Around 8:30 am, the victim’s father went to the police station again with a lawyer named K.A.P.Bandara and the police officers promised the lawyer that they will produce the victim on 10 December 2003. Again, around noon, the victim’s father went to the police station to see his son. A police officer told him that Jeewantha was taken into a room to record a statement but the victim’s father has heard his son’s cry. After Jeewantha came out from the room he told his father that the police had severely beat him inside the room. When the victim’s father complained about it, the police officers threatened the father saying that they would remand the victim as well, if he comes to the police station again. The victim has not been produced before a magistrate until now and is in custody at the police station.
This is just another arbitrary arrest and torture case from Kandy, Sri Lanka. For example on 10 November 2003, torture victim Mahadura Pandula Sri Thaminda was arrested by police officers from the Kandy Police Station on fabricated charges, after he refused to withdraw his complaint against the police. Moreover, on 6 November 2003, over fifty persons demonstrated before the National Human Rights Commission (NHRC) of Sri Lanka headquarters in Colombo demanding the immediate sacking of its Kandy coordinator, saying “Sack the coordinator who is in close co-existence with police torture perpetrators”, and “The coordinator helps the perpetrators and not the victims”.
Despite the law against torture as contained in Act No 22 of 1994, not a single officer has been brought to trial or convicted in Sri Lanka. The Sri Lankan government follows a policy of the “Tolerance of Torture” and therefore is unwilling to take action against the police. Even in cases where the Supreme Court has found police officers having had committed torture, the officers are allowed to remain as police officers and even to hold high office. The Chief Law Enforcement Officer, the Attorney General, has failed to enforce the law against torture. The National Police Commission (NPC) which has the power of disciplinary control has failed in its duty to control discipline. It has for all practical purposes refused to use its power.
SUGGESTIED ACTION:
Please send a letter, fax or email to the local authorities and express your concern of this serious case.
1. Hon. Mr. Ranil Wickremasinghe
Prime Minister
Cambridge Place, Colombo 7
SRI LANKA
Fax: +94 11 2 682905 / 575454
E-mail: secpm@sltnet.lk or bradmanw@slt.lk
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 (need to ask to change to fax mode) / 691 926
Fax HOME: +94 11 2 674148
4. Dr. Radhika Coomaraswamy
Director
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
5. 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
To support this case, please click here: SEND APPEAL LETTER
SAMPLE LETTER
Dear
Re: Arbitrary arrest and torture of 22 year old Shiron Jeewantha Pallekanda at the Katugastota Police Station
Name of the victim: Shiron Jeewantha Pallekanda (22 years old)
Alleged perpetrators: Some officers attached to the Katugastota Police Station
Period of arbitrary arrest, detention and torture: 7 December until now
I am writing to bring to your attention the severe torture of Shiron Jeewantha Pallekanda, 22, by the police officers at the Katugastota Police Station. He is illegally detained at the police station until now, and in danger of further torture against him.
According to the statement of the victim's father, Shiron Jeewantha Pallekanda was arrested by the police from the Katugastota Police Station on suspicion of vehicle stealing on 7 December 2003. The police did not give the Note of Arrest when they arrested the victim. At the police station, he was severely beaten by the police officers. Even though the victim vomited and suffered injuries because of torture, the police have not provided any medical treatment to the victim. The victim has not been produced before a magistrate yet, even though the Sri Lankan law requires that the police should produce any arrested person before a magistrate within 24 hours. The police even threatened the victim's father, who complained about the incident, saying that they would remand the victim if he comes to the police station again. The victim is still in custody at the police station.
This is just another arbitrary arrest and torture case from Kandy, Sri Lanka. For example on 10 November 2003, torture victim Mahadura Pandula Sri Thaminda was arrested by police officers from the Kandy Police Station on fabricated charges, after he refused to withdraw his complaint against the police. Moreover, on 6 November 2003, over fifty persons demonstrated before the National Human Rights Commission (NHRC) of Sri Lanka headquarters in Colombo, demanding the immediate sacking of its Kandy coordinator, saying "Sack the coordinator who is in close co-existence with police torture perpetrators", and "The coordinator helps the perpetrators and not the victims."
I strongly request you to order the immediate investigation of this serious case, and arrest and prosecute the perpetrators as soon as possible. I also urge you to ensure the victim has access to appropriate medical treatment immediately. I further urge the Sri Lankan government to take strong action to eliminate the widely spread custom of torture at the police stations.
Lastly, I bring to your notice the following recommendation made by the UN Human Rights Committee on 6 November 2003 (among several other recommendations):
'The State party should adopt legislative and other measures to prevent such violations, in keeping with articles 2, 7 and 9 of the Covenant, and ensure effective enforcement of the legislation. It should ensure in particular that allegations of crimes committed by state security forces, especially allegations of torture, abduction and illegal confinement, are investigated promptly and effectively with a view to prosecuting perpetrators. The National Police Commission complaints procedure should be implemented as soon as possible. The authorities should diligently enquire into all cases of suspected intimidation of witnesses and establish a witness protection program in order to put an end to the climate of fear that plagues the investigation and prosecution of such cases The capacity of the National Human Rights Commission to investigate and prosecute alleged human rights violations should be strengthened.'
Sincerely yours,
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Thank you.
Urgent Appeals Programme
Asian Human Rights Commission (AHRC)
