SRI LANKA: arbitrary arrest and detention; torture; abuse of police power; collapse of the rule of law; forced disappearances
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Dear friends,
The Asian Human Rights Commission (AHRC) is calling for your immediate intervention into the alleged arbitrary detention of a 49 year-old man, Weligoda Ananda in the Welikada Magazine prison in Sri Lanka. It has been reported that the victim was severely tortured by while he was interrogated by police officers. Mr. Ananda was taken by police and arrested without being informed of the charges laid against him. He had been held in so called “secret detention” since police took him on November 8, and his family had not known his whereabouts until recently.
CASE DETAILS:
In the past Urgent Appeal issued in November (UA-378-2006), the AHRC had reported the case of illegal arrest and detention of Mr. Weligoda Ananda that had happened on November 8 at the victim’s house in the District of Gampaha, Western province. Mr. Ananda was arrested by 10 police officers in plain clothes from the Criminal Investigation Division (CID) of the Peliyagoda and Divulapitiya detachments at around 11:30am on November 8. The family members were forced to leave the room by the police officers and went upstairs after they saw Mr. Ananda was handcuffed, however they heard the police officers questioning the victim and asking about some information on a telephone number. They also heard the sounds of the victim being tortured.
Despite the family’s pleadings to the police on the reason why the victim was arrested and where he will be taken for, the police did not give any answer to the family when they left the victim’s house. The family had lodged complaints with several local police offices and the CID office asking them to search the victim. However, the police never treated their complaint seriously and they could never find his whereabouts.
A few days after the arrest, Indra Kanthi, the wife of the victim, received a telephone call from her husband saying that he was safe and that the police were treating him well and that he would be home soon. On November 15, she received another message from her husband via an unknown messenger. While on November 16, the Divulapitiya Police finally agreed to enter a complaint and went to Indra Kanthis residence to take a statement the following day.
The victim’s whereabouts had not been known by the family since then until the Magistrate ordered the victim’s wife to go to the Welikada Magazine Prison which is where the police indicated as the place where the victim had been detained.
The victim’s wife visited the designated prison recently, and saw that her husband had wounds all around his body and had difficulty walking. The victim told his wife that he was tortured severely by police when he was arrested. Now the case was brought to the High Court in Negombo from the Magistrate Court, and we will be closely monitoring the trials.
BACKGROUND INFORMATION:
Mr. Ananda has been arrested by police twice since 2005 including the arrest on 8 November 2006. The earlier arrest came after it was believed Mr. Ananda was involved in the murder of provincial council member Mr. Sunil Mendis of Ragama, Western Province. Mr. Anandas mobile phone was allegedly found at the scene of the crime. Although not charged with the murder, Mr. Ananda is accused of being an accomplice and was awarded bail on 2 September 2005.
The AHRC condemns that the arrest without notifying the reasons and charges, detention in unknown place for over two weeks without being given complete legal access including access to the magistrate, and severe torture of Mr. Ananda consists of serious violations of rights. We therefore urge the concerned authorities to release Mr. Ananda immediately and make an investigation into the police officers who involved in his illegal arrest, detention and torture case. This is another example of the Sri Lankan police abusing their powers and violating the laws of the country. Secret detention is illegal and those responsible must be held accountable.
SUGGESTED ACTION :
Please write to the relevant authorities listed below calling for the immediate release of Mr. Ananda. The AHRC also urges you to express your concern over the continuing use of illegal detention and abuse of power by the police in Sri Lanka.
To support this case, please click here: SEND APPEAL LETTER
SAMPLE LETTER
Dear ________,
SRI LANKA: 49 year-old male victim of illegal arrest allegedly being tortured and still under detention
Name of the victim: Weligoda Ananda, 49 year-old welder
Alleged perpetrators: Criminal Investigation Division (CID), Peliyagoda and Divulapitiya police detachments
Place of illegal arrest: The victim’s house at ‘Sevana’ (house) Induragara, at Dunagaha in the District of Gampaha, Western Province, Sri Lanka
Period of illegal arrest and detention: from 8 November 2006 to date
I am writing to express my deepest concern over the arbitrary detention of a 49 year-old man, Weligoda Ananda who was arrested by police on 8 November 2006 from his house in the District of Gampaha, Western Province, Sri Lanka. I have learned that Mr. Ananda was arrested by police without knowing the charges filed against him and had since been held in secret detention, with his whereabouts remaining unknown.
According to the information I have received, at 11:30am on 8 November 2006, Mr. Ananda’s home was raided by 10 plain clothed police officers from the Criminal Investigation Division (CID) of the Peliyagoda and Divulapitiya detachments. The victim was immediately handcuffed, while his wife Dissanayake Mudiyanselage Indra Kanthi, his child and his mother-in-law were forced to leave the room and go upstairs. Mr. Anandas family then heard him being tortured by the police over information regarding a telephone number.
When the police removed Mr. Ananda from his house for questioning, Indra Kanthi pleaded with the officers as for the reason of arrest and where her husband was being taken. However the police did not give any answer to her and Indra Kanthi went to all the local police stations in order to inquire about her husbands whereabouts including Divulapitiya, Negombo, Peliyagoda, Police Headquarters and the CID offices. She could not receive any information on her husband’s abduction at any above mentioned police stations.
The victim’s wife once received a telephone call from her husband few days after his arrest, saying that he was safe and that the police were treating him well and that he would be home soon. Also on November 15, she received another message from her husband via an unknown messenger. While on November 16, the Divulapitiya Police finally agreed to enter a complaint and went to Indra Kanthis residence to take a statement the following day.
I have learned that Indra Kanthi found the whereabouts of her husband recently when she visited the Welikada Magzaine Prison as the police indicated in response to the magistrate’s order. Indira saw her husband with wounds in all over his body and that it was difficult for him to walk. The victim told his wife that he was severely tortured by police when he was arrested.
Now the case was brought to the High Court in Negombo from the Magistrate Court, and I strongly condemn that the arrest and detention without notifying the whereabouts of the detainee to the family is illegal. The brutal abuse of powers by Sri Lankan police has been well known by now, and this is another example of such abuse of power that severely violates rights of the people.
In light of the above, I would like to urge your immediate intervention into the case that it would be lawfully examined with thorough and impartial investigation into the arrest and the alleged torture of Mr. Ananda. Moreover, I urge your intervention to the release of Mr. Ananda due to the fact that he had been detained in an unknown place for over two weeks without being brought before a magistrate.
Yours sincerely,
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PLEASE SEND YOUR LETTER TO:
1. 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
Email: secretary@presidentsoffice.lk
2. Mr. Victor Perera
Inspector General of Police
New Secretariat
Colombo 1
SRI LANKA
Fax: +94 11 2 440440/327877
E-mail: igp@police.lk
3. Mr. K. C. Kamalasabesan
Attorney General
Attorney General’s Department
Colombo 12
SRI LANKA
Fax: +94 11 2 436421
Email: attorney@sri.lanka.net
4. Secretary
National Police Commission
3rd Floor, Rotunda Towers,
109 Galle Road
Colombo 03
SRI LANKA
Tel: +94 11 2 395310
Fax: +94 11 2 395867
E-mail: npcgen@sltnet.lk
5. Secretary
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. Ms. Leila Zerrougui
Working Group on arbitrary detention
OHCHR-UNOG
1211 Geneva 10
SWITZERLAND
Fax: +41 22 917 9006 (ATTENTION: WORKING GROUP ARBITRARY DETENTION)
7. Prof. Manfred Nowak
Special Rapporteur on the Question of Torture
Attn: Safir Syed
c/o OHCHR-UNOG
1211 Geneva 10
SWITZERLAND
Tel: +41 22 917 9230
Fax: +41 22 917 9016 (ATTN: SPECIAL RAPPORTEUR TORTURE)
Thank you.
Urgent Appeal Programme
Asian Human Rights Commission (ahrchk@ahrchk.org)
