SRI LANKA: Men illegally arrested and tortured by Matale Police, and falsely charged with stealing money 

Men illegally arrested and tortured by Matale Police, and falsely charged with stealing money

SRI LANKA: Illegal arrest; torture; false charges
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It has come to the attention of the Asian Human Rights Commission (AHRC) that three men have been illegally arrested and tortured by police officers in the Matale Police custody. They were released on bail after 40 hours’ detention and they were admitted to the Matale Hospital due to the severe injuries caused by torture by the police officers.

According to the information received, one of police officers who tortured the three men, Ekanayaka, was erecting a house adjoining the estate where the victims have lived. The victims were called by the said police officer to work on the house but they didn’t go for the work. The said police officer was angry with these men and made a false accusation of theft against them.

This case reflects the ongoing fabrication of cases, torture and the lack of abiding by formal legal procedures by police in Sri Lanka. Your urgent action is required to address the issue of endemic torture and fabrication, and arbitrary illegal arrest by police officers taking place throughout Sri Lanka.

Urgent Appeal Desk
Asian Human Rights Commission (AHRC)
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DETAILED INFORMATION:

Name of the victim: 1. Balakrishnan Shiwabalan (17), residing in Fyeross Hill Estate, 5/1, Tawalankoya, Ukuwela
2. Muniyandi Neelamugam Selavakumar (17), residing in Fyeross Hill Estate, Tawalankoya, Ukuwela
3. Anthonysamy Anandakumar (19), residing in Fyeross Hill Estate, Tawalankoya, Ukuwela
Alleged perpetrators: Police officers Ekanayaka and Veeriah Vathan, and several police officers of Matale Police Station
Date of incident: 22 July 2004
Place of incident: Matale Police Station

Case details:

At about 8:30 p.m. on 22 July 2004, police officer Ekanayaka (No. 28370) came to the house of B. Shiwabalan with a group of police officers from Matale Police Station. They accused B. Shiwabalan of breaking into the house of the said police officer Ekanayaka, and stealing 12,000 rupees together with T. Parameshwaran and M.N. Selavakumar, very close friends who were helping to dig a lavatory pit in B. Shiwabalan’s house at that time. The police wanted the three young men to come to the Matale Police to make a statement, and forced them into their jeep and took them away without producing any arrest warrant or memo of arrest to the family members of the victim. After one hour the police released T. Parameshwaran but detained B. Shiwabalan and M.N. Selavakumar.

During their detention, the two men were stripped of their clothes and blindfolded, beaten with iron rods and slapped and kicked mercilessly by several police officers. While they were tortured, they were forced to accept the false accusation that they broke into Ekanayaka’s house and stole money. The police said that the victims would be released if they admitted to the crime. As they did not accept it, they were brutally assaulted repeatedly. B. Shiwabalan was beaten on his chest and soles of his feet with cricket wickets [posts] and he was made to lie down flat on his face and assaulted on the back and thighs. M.N. Selavakumar was also beaten on his thighs and back, and made to lie naked face down on a table.

On the following morning (July 23) at about 10:00 a.m. three police officers led by Veeriah Vathan from Matale Police came and took A. Anandakumar, a very close friend of B. Shiwabalan and M.N. Selavakumar, to the police station. A. Anandakumar was brought into the police station at about 11 a.m. He was beaten as other victims were and he was kicked on the lower abdomen with police boots.

After the assaults, the three persons were taken to a DMO (District Medical Officer) but no medical attention was provided, even though B. Shiwabalan complained about his chest pain caused by torture by the police officers.

When Muthiah Balakrishnan, the father of B. Shiwabalan, went to the Matale Police Station with his friends to meet his son, they observed that the victims were handcuffed and held to the benches with iron chains. They came to know his son and the two other persons were tortured by police officers in the said police station. On questioning about the victims’ release, they were told that the three victims would be released by 4:00 p.m., but they were not released. The police then said that the three young men would be released after 24 hours of their detention, at 9:00 p.m., however, nothing happened. The police told that they needed to ask more questions to the victims and also asked the father with his friends to leave the police station, threatening to assault them if they didn’t go. Since they didn’t leave the police station, at around 11:00 a.m. police officer Ekanayaka came back and threatened them to leave the police station immediately.

The men were detained over 40 hours (from 8:30 p.m. of the 22nd to 2:00 p.m. of the 24th of July) in the Matale Police Station and they were produced in the Matale magistrate’s court and released on bail on 24th July. After release, all of the victims were admitted to the Matale hospital. Even though they told both the JMO (Judicial Medical Officer) and the DMO of Matale hospital about the police assault, they were not examined seriously. Now they are seeking medical treatment regularly.

According to the information that AHRC has received, the said police officer, Ekanayaka, was erecting his house in the vicinity of the estate where the victims live. Since the victims were working as house builders, they were requested by him to work in the same manner on his house. However they didn’t go to work building the house because they had to dig a lavatory pit in the house of B. Shiwabalan. The police officer made a false accusation of theft against them and arrested them because he was angry that they refused to work.

AHRC is deeply concerned by the inhumane torture of B. Shiwabalan, M.N. Selavakumar and A. Anandakumar by the police officers of Matale Police, including Ekanayaka, and the false charges in the case, and requests the Sri Lankan government and local authorities to take immediate legal/disciplinary action against the responsible officers. Full medical treatment should be provided to the victims as well.

SUGGESTED ACTION:
Please send a letter, fax or email to the relevant authorities expressing your concern regarding this case.

1. Mr. Mahindra Rajapakse
Prime Minister
Cambridge Place
Colombo 7
SRI LANKA
Fax: +94 11 2 682905 / 575454
E-mail: secpm@sltnet.lk or bradmanw@slt.lk

2. Mr. T.I. de Silva
Inspector General of Police (IGP)
New Secretariat
Colombo 1
SRI LANKA
Fax: +94 11 2 440440/426711/327877

3. 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

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. 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

 

 

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