Dear friends,
The Asian Human Rights Commission (AHRC) has received updated information regarding the failure to investigate the brutal assault on Rathnasiri Senadheera by Superintendent of Police Saliya, the former Officer In Charge(OIC) of the Horana police station (see further: UA-141-2004).
On 29 September 2004, Mr. Senadheera visited his brother who was in custody at the Horana police station. When SI Saliya arrived he dragged Mr. Senadheera by his shirt collar into a room. Mr. Senadheera was then severely assaulted and kicked by the Superintendent. As a result the victim had to be hosptalised for five days at the Horana hospital. The victim himself was unaware of why he was assaulted.
Subsequently, Mr. Senadheera complained about his brutal assault to the relevant authorities including the Human Rights Commission (HRC), the National Police Commission and the Attorney General. However, one and half years have now passed since the incident occurred, yet no legal action or disciplinary measures have been taken against the perpetrator. Assistant Superintendent of Police Panadura recorded a statement by Mr. Senadheera, but this too has led to no proper legal action being taken.
Although the HRC has requested several times for the perpetrator to present himself before them, to date SI Saliya has failed to do so.
As a public officer, or person working in an official capacity, the alleged perpetrator should be subjected to the provisions of the Convention Against Torture Act No 22 of 1994 (CAT). As such, according to section 2(4) of the CAT Act, if found guilty, the perpetrators act on conviction after trial by the High Court is punishable with imprisonment of a mandatory seven years.
Moreover, this is yet another example of the violence being perpetrated by the Horana police. The AHRC has previously reported several cases regarding the brutal assault by the Horana police (see further: UA-103-2005, UA-104-2006, UA-021-2006 and UP-043-2006). The policemen who are responsible for these crimes should be punished and strong disciplinary action should be taken against them to prevent further violence occurring.
SUGGESTED ACTION:
Please write a letter to the relevant officials listed below and urge them to take immediate action into this incident. The relevant authorities who were made aware of this incident, but did not take action must ensure that an investigation is conducted as soon as possible. Also adequate compensation should be given to the victim.
To support this case, please click here: SEND APPEAL LETTER
SAMPLE LETTER
Dear __________,
SRI LANKA: Justice continues to evade victim one and a half years after his assault
Name of victim: Rathnasiri Senadheera; a casual labourer
Name of alleged perpetrator: SI Saliya, former OIC of the Horana police station
Date of incident: 29 September 2004
I am writing to you with deep concern regarding the failure to investigate the brutal assault of Rathnasiri Senadheera by Superintendent of Police Saliya, the former Officer-in-Charge of the Horana police station. This failure lies with the relevant authorities in Sri Lanka who have not seen fit to ensure that justice is served in this case.
On 29 September 2004, Mr. Senadheera visited his brother, who was in custody at the Horana police station. Soon after, SI Saliya arrived at the station and dragged Mr. Senadheera by his shirt collar into a room. Mr. Senadheera was then severely assaulted and kicked by the Superintendent. As a result the victim had to be hosptalised for five days at the Horana hospital. The victim himself is unaware as to why he was assaulted.
Subsequently, Mr. Senadheera complained about his brutal assault to the relevant authorities, including the Human Rights Commission (HRC), the National Police Commission and the Attorney General. However, one and half years have now passed since the incident occurred, yet no legal action or disciplinary measures have been taken against the perpetrator. Despite Assistant Superintendent of Police Panadura having record the statement of Mr. Senadheera, no steps were taken as a result of this and therefore the victim continues to be denied justice for the crimes committed against him.
Though the HRC has requested the perpetrator on several occasions to present himself before them, to date SI Saliya has failed to do so.
I therefore am calling on you to intervene in this matter. As a public officer, the alleged perpetrator should be subjected to the provisions of the Convention Against Torture Act No 22 of 1994 (CAT). As such, according to section 2(4) of the CAT Act, if found guilty, the perpetrators act on conviction after trial by the High Court is punishable with imprisonment of a mandatory seven years. The relevant authorities who were made aware of this incident, but did not take action must ensure that an investigation is conducted as soon as possible. Also adequate compensation should be given to the victim.
That a victim is unable to seek justice one and a half years after his assault is deplorable. That the same victims case is known to all of the relevant authorities in the country, yet nothing is still done to pursue the case, speaks volumes to the collapse of rule of law in Sri Lanka and to the negligence of those authorities to ensure that justice is done.
I trust your intervention will be forthcoming in this matter
Yours sincerely,
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PLEASE SEND LETTERS TO:
1. Mr. Chandra Fernando
Inspector General of Police (IGP)
New Secretariat
Colombo 1
SRI LANKA
Fax: +94 11 2 440440/327877
2. Mr. K. C. Kamalasabesan
Attorney General
Attorney General's Department
Colombo 12
SRI LANKA
Fax: +94 11 2 436 421
3. National Police Commission
3rd Floor, Rotunda Towers,
109 Galle Road
Colombo 03
SRI LANKA
Tel: +94 11 2 395310
Fax: +94 11 2 395867
Fax HOME: +94 11 2 674148
E-mail: polcom@sltnet.lk
4. Dr. Radhika Coomaraswamy
Chairperson Human Rights Commission of Sri Lanka
No. 36, Kynsey Road
Colombo 8
SRI LANKA
Tel: +94 11 2 694925 / 673806
Fax: +94 11 2 694924 / 696470
E-mail: sechrc@sltnet.lk
5. Mr. J Thangawelu
DIG Legal
Police Headquarters
Colombo 1
SRI LANKA
Fax: 94 11 2381 394
Email: legaldiv@police.lk
6. His Excellency the Hon. Mr Mahinda Rajapakse
President Socialist Democratic Republic of Sri Lanka
C/- Office of the President
Temple Trees
150, Galle Road
Colombo 3
SRI LANKA
Fax: +94 11 2472100 / +94 11 2446657 (this is contact for Secretary to President)
Email: secretary@presidentsoffice.lk
7. 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)
E-mail: ssyed@ohchr.org
Thank you.
Urgent Appeals Programme
Asian Human Rights Commission (ahrchk@ahrchk.org)
