Report on torture in Sri Lanka (September 2006/7)
Compilation of Sri Lankan torture (by State agents) September 06 to Date.
1. SRI LANKA: Man brutally tortured by police after allegedly being implicated with false charges
URGENT ACTION URGENT ACTION URGENT ACTION URGENT ACTION
ASIAN HUMAN RIGHTS COMMISSION – URGENT APPEALS PROGRAMME
Urgent Appeal
27 September 2006
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UA-319-2006: SRI LANKA: Man brutally tortured by police after allegedly being implicated with false charges
SRI LANKA: Torture; illegal arrest and detention; fabrication of charges; un-rule of law
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Dear friends,
The Asian Human Rights Commission (AHRC) wishes to inform you of the severe torture of Mr. Illukumbura Mudiyanselage Mudiyanse, a 49-year-old trader, by the Thalathuoya police on 9 June 2006. Due to torture, the victim received considerable injuries over most parts of his body and suffered complete loss of hearing in his left ear. According to the victim, the Thalathuoya police falsely charged him with selling cannabis due to his complaint against a timber mill owner who has good connections with the Officer-In-Charge (OIC) of the Thalathuoya police. Despite his complaint to the Human Rights Commission of Sri Lanka, no serious action has yet been taken against the alleged perpetrators.
According to the victim, he got into a heated disagreement with the owner of the local "Sugath Timber Mills", who refused to pay him his due broker fee of Rs. 9000 (approx. USD 100), plus the additional cost of damages to the culvert and the road due to the transportation of timber logs. Mr. Mudiyanse lodged a formal complaint against the owner with the Thalathuoya police station on 8 June 2006, but they took no action in the matter.
At around 1:30pm on the following day (June 9), Police Sergeant Thushara visited Mr. Mudiyanse at his family home, where he then proceeded to shout at him, using extremely abusive language. That same night, at around 8:00 pm, two Thalathuoya police officers in civilian dress entered Mr. Mudiyanse's home. They stated that the Officer-In-Charge (OIC) of the Thalathuoya police station wished to get a formal statement from him, following his complaint. They then took Mr. Mudiyanse in a jeep to the police station. Upon arrival, Mr. Mudiyanse claims that he saw the timber mill owner with whom he had had a disagreement the previous day.
The OIC arrested Mr. Mudiyanse on the charges of selling ganja - an allegation which Mr. Mudiyanse ardently denies, and which was not substantiated by the local police with any conclusive evidence. According to Mr. Mudiyanse, the OIC took a green hose-pipe and proceeded to beat him over the head with it at least 20 times. He then placed a small packet wrapped in paper in Mr. Mudiyanse's hands, saying “Here is the ganja!”. Mr. Mudiyanse threw the packet onto the officer's table.
Some hours later, another police officer ordered Mr. Mudiyanse to place his fingerprints on the packet of ganja. Mr. Mudiyanse out rightly refused to do so; and was again taken to the OIC, who allegedly ordered the police officer to obtain Mr. Mudiyanse's fingerprints on heated lacquer. The police officer did as requested; severely burning Mr. Mudiyanse's fingers in the process. Mr. Mudiyanse was then detained overnight at the police station.
The following day (June 10), the Assistant Superintendent of Police (ASP) made one of his routine inspection visits to the Thalathuoya police station. When he came to the detainee lock-up, Mr. Mudiyanse told him of his ordeal, and that he was completely innocent of the charges that had been brought against him. The ASP questioned the Thalathuoya OIC on this. After the ASP left, the OIC came to the lock-up and verbally abused Mr. Mudiyanse.
Mr. Mudiyanse was later examined by the Judicial Medical Officer (JMO) of the Thalathuoya Government Hospital, and the following day, was presented before the additional magistrate of Kandy, who remanded him to the Bogambara prison. Mr. Mudiyanse was subsequently released on the June 15, on bail of Rs. 1000 (approx. 10 USD).
Mr. Mudiyanse incurred injuries to his head and most other parts of his body, and burns on his left thumb, and suffered complete loss of hearing in his left ear as a result of his torture. He lodged a complaint with the Human Rights Commission of Sri Lanka regarding the incident with the help of a local human rights organization in June 2006 (Reg. No.:- FR/KD/T/124/06/II).
SUGGESTED ACTION:
Please write to the relevant authorities listed below, expressing your grave concern and moral indignation of the completely unlawful, unwarranted and unethical behaviour of the officers of the Thalathuoya police station in the illegal arrest and detention and brutal torture of Mr. Mudiyanse.
Name of victim: Mr. Illukumbura Mudiyanselage Mudiyanse; A 49-year-old trader and resident of Thalathuoya, Kandy district III, Kandy division, Sri Lanka
Alleged perpetrators:
1. Owner of the local "Sugath Timber Mills" in Thalathuoya
2. Officer-In-Charge (OIC) of the Thalathuoya police station in Kandy
3. Police Sergeant Thushara attached to the Thalathuoya police station
4. Other police officers attached to the Thalathuoya police station
Date of incident: 9 June 2006
Place of incident: Thalathuoya police station
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2. Sri Lanka: A man's life is in grave danger due to torture
URGENT ACTION URGENT ACTION URGENT ACTION URGENT ACTION URGENT ACTION
ASIAN HUMAN RIGHTS COMMISSION - URGENT APPEALS PROGRAMME
Urgent Appeal
27 September 2006
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UA-318-2006: Sri Lanka: A man's life is in grave danger due to torture
SRI LANKA: Torture; denial of adequate medical treatment; impunity; un-rule of law
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Dear friends,
The Asian Human Rights Commission (AHRC) calls for your urgent intervention into the alleged torture of a 25 year-old man named Lalith Rajapakse from Kirigallewa by the Medawachchiya police and Anuradhapura prison officials in Anuradhapura district, Anuradhapura division, Sri Lanka on 21 September 2006. The victim's condition become very critical and now is in grave danger of losing his life.
Mr. Rajapakse had surrendered himself voluntarily to the police via his lawyer once he learned that a complaint was lodged against him at the local police station on 21 September 2006. Once he was detained, the Medawachchiya police allegedly began to mercilessly beat him. The torture was so severe that Mr Rajapakse lost consciousness, which forced the police to bring the victim to the Medawachchiya hospital where he was then administered saline. However, later that day and against the doctors orders, the police allegedly discharged the victim from the hospital and forced him to take 6 Panadol (aspirin) pills so that he could be presented before the Magistrate's court. Mr. Rajapakse's family claims that he was in so much pain that he vomited blood in the courtroom.
Once the Magistrate witnessed the victim's condition, he ordered the Anuradhapura prison guards to immediately take him to a medical facility. However, in a direct contravention of the court's orders, the guards allegedly returned the victim to the remand prison where they once again brutally assaulted him. As a consequence, Mr. Rajapakse's condition has deteriorated and he now is in grave danger of losing his life. He is still being detained at the remand prison without adequate medical treatment.
The AHRC deplores this incident and urges that the relevant authorities take immediate action to ensure that the victim receives proper medical attention. The AHRC also demands that a thorough independent investigation is conducted into this shameful incident and that immediate legal action is taken against the alleged perpetrators. It is also necessary that the Human Rights Commission of Sri Lanka to conduct their own investigation and that the victim is awarded adequate compensation for the physical and mental trauma that he has suffered. The AHRC also urges the Inspector General of Police (IGP) to promptly take the necessary remedial measures to ensure that torture is never committed again.
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3. SRI LANKA: Brutal torture of a fisherman by Weligama police
URGENT ACTION URGENT ACTION URGENT ACTION URGENT ACTION
ASIAN HUMAN RIGHTS COMMISSION – URGENT APPEALS PROGRAMME
Urgent Appeal
29 September 2006
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UA-323-2006: SRI LANKA: Brutal torture of a fisherman by Weligama police
SRI LANKA: Torture; police brutality and corruption; illegal arrest; un-rule of law
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Dear friends,
The Asian Human Rights Commission (AHRC) has received information regarding the illegal arrest and brutal torture of Mr. P. Gnanasiri and the vicious assault of members of his family, by officers of the Weligama police in Matara district II, Matara division, Sri Lanka on 13 September 2006.
Mr. Gnanasiri, a fisherman in the southern coastal town of Weligama, was internally displaced by the tsunami of December 2004. Since then, he, his wife Mallika and their five children have been living in the ramshackle Weligama camp for internally displaced persons (IDPs).
On 13 September 2006, Mr. Gnanasiri had a heated argument with one of his neighbours in the camp. That same evening, at around 7:30pm, two policemen attached to the Traffic Division of the Weligama Police Station visited his tent. The officers verbally abused him, using foul and offensive language, and then arrested him- without producing a valid warrant.
Mr. Gnanasiri claims that he requested the officers not to use such abusive and offensive language in the presence of his family. In response, one of the policemen is reported to have said; "We will teach you a lesson not in word, but by deed", and started to severely beat Mr. Gnanasiri. The policemen then handcuffed him to a tent pole, and continued in their inhumane assault of Mr. Gnanasiri for a period of around 20 minutes. Then, Mr. Gnanasiri claims that he saw one of the policemen making a telephone call to the Weligama Police Station. A few minutes later, several policemen arrived at the scene, in police jeeps, and joined in the brutal assault of Mr. Gnanasiri.
Mr. Gnanasiri's wife Mallika, seeing this merciless attack on her husband, began to weep profusely, begging the police officers to desist in their assault. In response, one of the officers viciously assaulted Mrs. Gnanasiri, kicking her hard on her spinal cord. Seeing their parents being viciously beaten by so-called law-enforcement officers, their children too began to cry. The police officers then allegedly assaulted the children; one of their daughters, a twelve-year-old girl was also kicked in her spine and then thrown over a table to the ground, while their nine-year-old son was aggressively slapped several times on his face.
Mallika's sister, Chandralatha, seeing this inhumane assault, bravely questioned the police officers as to what her sister and family could possibly have done to deserve such a brutal attack. An officer then began to beat her severely, and dragged her by her hair into one of the police jeeps. They then forced Mr. Gnanasiri into the jeep, before proceeding to the nearby Weligama Police Station. Inside the jeep, Mr. Gnanasiri claims that he was pushed to the ground while several officers aggressively trampled and kicked him with their heavy boots- all the way to the station.
At the station, Chandralatha, was forced to sit on a bench and witness the further brutal attack and torture of her brother-in-law; this time with heavy wooden poles. Apparently, Mr. Gnanasiri repeatedly told the officers that he was still slowly recovering from prior injuries suffered in a motorcycle accident, but they continued in their wreaking of terror and torture nonetheless.
The police officers later removed Mr. Gnanasiri's handcuffs and pushed him into a police holding-cell overnight, where he was deprived of food, water and medication. In addition, the police did not allow any of his family members to visit him- even though they had come to the station with that very same purpose.
The next day- 14 September 2006- at around 10:00am, officers took both Mr. Gnanasiri and Chandralatha to the Matara Magistrate's Court, by police van. On their way to the Magistrate's court, they passed by Mr. Gnanasiri's wife and told her to also get into the vehicle- but officers later demanded money from the wife for the van journey.
At the Magistrate's court, Mr. Gnanasiri was fined Rs. 5000 (USD 50) by the Magistrate. But he insists that at no time during his arrest, torture, detention and court-visit, was he informed of the charges filed against him, nor was he asked at the Magistrate's court whether he wanted to plead guilty, or not-guilty; two of the most basic fundamental rights of any civilian facing legal prosecution. Meanwhile, his sister-in-law, Chandralatha was charged with 'obstruction of police duty'; her case is scheduled for 17 January 2007.
On 15 September 2006, Mr. Gnanasiri's condition took a turn for the worse, and he was rushed to the nearby Matara Hospital, where he was warded in Ward no. 22, for a period of several days. That same night, his statement in which he detailed his ordeal, was recorded by the Matara Hospital Police. The Judicial Medical Officer (JMO) also recorded his statement, but did not perform any further medical examination of Mr. Gnanasiri's torture-inflicted injuries. His wife, Mallika was also warded in the same hospital for the grievous assault-injuries caused to her by the accused Weligama police officers.
Mr. Gnanasiri is adamant that the reason for his torture and unwarranted arrest is because the neighbour with whom he had had a dispute in the Weligama IDP camp, has close personal associations with officers of the Weligama police. Thus, he believes that the police officers of the Weligama Police Station manipulated their positions of state-appointed authority and power in settling a personal score, on behalf of their close, personal friend.
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4.SRI LANKA: Farmer brutally tortured and systematically intimidated by police
URGENT ACTION URGENT ACTION URGENT ACTION URGENT ACTION
ASIAN HUMAN RIGHTS COMMISSION – URGENT APPEALS PROGRAMME
Urgent Appeal
6 October 2006
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UA-332-2006: SRI LANKA: Farmer brutally tortured and systematically intimidated by police
SRI LANKA: Arbitrary arrest and torture; police corruption and brutality; intimidation; Need for witness protection; failure of rule of law
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Dear friends,
The Asian Human Rights Commission (AHRC) has received information regarding the arbitrary arrest, detention and subsequent brutal torture of Mr. Suddage Sirisena, a fifty-year-old rural farmer on 24 August 2006 the Kekirawa police in Anuradhapura district, Anuradhapura division, Sri Lanka; and the inexcusable coercion tactics employed by the accused officers in preventing the application of the process of due justice.
On 24 August 2006, Mr. Sirisena was forcibly taken by arresting officers to the Kekirawa Police Station, where he was brutally tortured by two senior officers; sustaining grievous bodily injuries, a fractured nose and the loss of five front teeth. He was later hospitalized at the local government hospital for a period of several days, during which time, he was also informed that his two torturers had been suspended from duty.
Then, 22 September 2006, at about 1:30pm, Police Sergeant Keerthi from the same police station visited Mr. Sirisena at his home, and told him that the Anuradhapura Senior Superintendent of Police (SSP) wished to record Mr. Sirisena's formal statement. Mr. Sirisena was then told to come to the Kekirawa Police Station- the place of his torture- that very same day at around 4:00pm.
At around 3:45pm, Mr. Sirisena together with his nephew arrived at the Kekirawa Police Station as instructed. Sergeant Keerthi was not present at that time. The police officers claimed that they knew nothing of the SSP's supposed visit to the station, and instructed Mr. Sirisena and his nephew to wait until Sergeant Keerthi's return. When Sergeant Keerthi did finally arrive, and was asked by Mr. Sirisena as to the whereabouts of the SSP, Sergeant Keerthi simply replied that he tricked Mr. Sirisena into coming to the station, so that he could arrest him. It was later revealed that Sergeant Keerthi had obtained a warrant for Mr. Sirisena's arrest from the Thambuththegama Magistrate's Court for failure to appear in court.
Mr. Sirisena was subsequently detained in the police lock-up. It is appropriate to draw the reader's attention at this point to prior charges brought against Mr. Sirisena over four years ago, for the alleged illicit felling of timber. He had been unable to appear before the court to face these charges on a number of occasions, and on 12 June 2006, was arrested by the Kekirawa police and produced before the Thambuththegama Magistrate, who fined Mr. Sirisena Rs. 1500 (USD 14). Unable to pay this amount, he was imprisoned. Later however, Mr. Sirisena's brother paid off the outstanding fine, and obtained his release from prison.
However, Mr. Sirisena claims that he cannot comprehend the reason behind his latest arrest, as his prior criminal case has been long concluded.
During his detention, Mr. Sirisena also alleged that the security guard of a local politician, and several policemen visited him in the lock-up, and urged him to "forgive" one Police Constable (PC) Jinadasa (one of his torturers, and who is currently serving his suspension). Mr. Sirisena's nephew had also received a telephone call from the same security guard, pressing him to immediately withdraw his uncle's criminal case against PC Jinadasa.
At around 1:00 pm of the next day (September 23), Mr. Sirisena was taken from the lock-up, and sat on a bench, where he was then told that he was going to be produced before the Magistrate. Mr. Sirisena's lawyers tried several times to dissuade the police from taking such an extreme measure in the absence of a clear-cut case against him. At around 1:45pm, Mr. Sirisena was produced before the Kekirawa Magistrate's Court and released on bail.
To this day, Mr. Sirisena has not been informed of the reason behind his arrest, detention and torture, but is of the strong opinion, that this was all a ruse on the part of the Kekirawa police to scare him into withdrawing his complaints against the two senior police officers who severely beat and tortured him.
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5. UPDATE (Sri Lanka): Alleged attempt to harm a torture victim by the perpetrators
UPDATE ON URGENT APPEAL UPDATE ON URGENT APPEAL UPDATE ON URGENT APPEAL
ASIAN HUMAN RIGHTS COMMISSION - URGENT APPEALS PROGRAMME
Update on Urgent Appeal
9 October 2006
[Re: UA-50-2003: Torture of 14 year old child by police officers, UP-37-2003: The family of 14-year-old torture victim threatened by the police and a local politician; UP-47-2003: SRI LANKA: Torture victim's family flees home due to police threats; UP-12-2005: SRI LANKA: Death threats to a torture victim's family from accused police officers]
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UP-193-2006: SRI LANKA: Alleged attempt to harm a torture victim by the perpetrators
SRI LANKA: Intimidation to torture victim; urgent need for protection to the victim; impunity
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Dear friends,
The Asian Human Rights Commission (AHRC) has received information concerning yet another alleged attempt to harm the torture victim Duwandage Pushpakumara by the alleged perpetrators on 26 September 2006, when his case was heard at Chilaw High Court. This is not the first incident of intimidation made by the alleged perpetrators. Since filing the complaint against the accused officer, Pushpakumara and his family have been constantly threatened and have had to flee his home (UP-37-2003, UP-47-2003 and UP-12-2005). The victim, who was a 14-year-old boy at the time of the incident, was tortured by the then Officer-in-Charge and other officers of the Saliyawewa Police Post in Putlam on 1 September 2003 (UA-50-2003).
On 26 September 2006, D. Pushpakumara was accompanied by a few others to attend the Chilaw High Court from Kandy for the purpose of which they traveled in a van. He had filed the complaint against Sub Inspector (SI) Samarakoon who was responsible for his torture in September 2003 (Case No. 24/2004 Chilaw High Court). On their way, they found that the son of the accused SI, who is also a police officer, with a gang of about ten to fifteen persons wearing civilian clothes followed their vehicle from Kandy in two vehicles. The two vehicles bore the registration numbers W.P.U.9562 and 262-9177 and there were also two motorcycles. These persons came to court and the friends who accompanied the D. Pushpakumara noticed their presence and heard some of their conversations.
On the way back to Kandy after the court hearing, D. Pushpakumara and his group decided to take a different route so as to escape the gang that was following them. However, the group of persons in the aforementioned vehicles kept following them. Fortunately, D. Pushpakumara's driver was able to change some routes and to go to Colombo instead of towards Kandy and thus avoided the gang that was following them.
The victim's case against the concerned SI has been before the Chilaw High Court for a long time and there have been many attempts in the past to pressurize the victim and his family to withdraw his complaints. For example, police officers of the Saliyawewa Police Post, as well as prominent politicians, are threatening to burn the family's house if they pursue the complaint on this matter (UP-37-2003). Later on, D. Pushpakumara and his parents had to flee due to threats from the police (UP-47-2003). Moreover, He also received several death threats from the accused SI and other police officers before the first hearing of the criminal case against the concerned SI at the Chilaw High Court on 9 February 2005 (UP-12-2005).
The AHRC was also informed that there was also pressure on the human rights groups who are supporting the victim. We brought this to the notice of the police and other Sri Lanka authorities on earlier occasions but no serious action has yet taken to stop constant threats to D. Pushpakumara. Considering previous threats and harassment, we strongly believe that this was an attempt to kidnap the victim or do him harm. The AHRC therefore urges the Sri Lankan authorities to provide immediate and effective protection to the victim and take urgent action against those responsible for the threats to the victim.
Meanwhile, the accused SI is trying to prevent the case from being taken up in court. On many occasions when the case was to be taken up, he disappeared from the premises of the court and later sent in medical reports.
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6. SRI LANKA: A torture victim is threatened by police to withdraw his complaint
URGENT ACTION URGENT ACTION URGENT ACTION URGENT ACTION
ASIAN HUMAN RIGHTS COMMISSION – URGENT APPEALS PROGRAMME
Urgent Appeal
12 October 2006
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UA-338-2006: SRI LANKA: A torture victim is threatened by police to withdraw his complaint
SRI LANKA: Torture; intimidation to witness; failure of investigation; impunity; failure of rule of law
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Dear friends,
The Asian Human Rights Commission (AHRC) has received information that a man from Galle, Sri Lanka, who tried to register the case of robbery, rather brutally assaulted by one sub inspector (SI) of the Deputy Inspector General (DIG)-Galle Office on 24 August 2006. The victim is receiving threats from the Assistance Superintendent Police (ASP), who inquired about his complaint, after he attempted to lodge a complaint against the concerned SI. It is alleged that the ASP further threatened victim that he would be abducted and subsequently disappeared if he pursue the case.
A robbery case took place at the house of Mr. Wasantha Kumara's aunt in Pamunugamuwa, Tal-ambara, Matara, Sri Lanka. On 29 June 2006, Mr Kumara complained with the Weligama police regarding the incident station about the incident (Case ref. no.: MOIB 169/25). Although the police had an eyewitness who identified a suspect, the officer of the Crime Investigation Department (CID) in the Wasantha police station allegedly suggested the victim to drop the case. Disturbed by the police inaction, Mr. Kumara and his aunt complained the case with the Assistant Police Superintendent of Akuressa on 4 July 2006, then with the assistant police superintendent of Matara on 27 July 2006, and to the Police Headquarter in Colombo on 28 July 2006. When he visited the police HQ second time to inquire about the case, Deputy Inspector General (DIG) Jayasundara advised Mr. Kumara and his aunt to complaint to the Galle GIC, Mr. Jayantha Gamage.
On 24 August 2006, Mr. Kumara accompanied by his aunt went to the office of the South province Deputy Inspector General (DIG) Mr. Jayantha Gamage in Galle to lodge the complaint. However, there they were kept waiting for more than 6 hours from 9:30am to 3:45pm, while some other people who came late were allowed to go in. Mr. Kumara then inquired from Sub Inspector Nishanka why they were kept waiting for so long and informed him that he came here upon the instruction from the police HQ. However, the SI Nishanka became abusive and shouted at Mr. Kumara to go back to Colombo and settle the matter on his own. He also refused to let Mr. Kumara and his aunt meet with the DIG. When Mr. Kumara protested this unjust act, SI Nishanka punched hard Mr. kumara's face and continued to beat his face several times. Mr. Kumara felt faint and his aunt escorted him outside the office.
Later Mr. Kumara was warded at the Karapitia Hospital due to severe pain caused by the assault. In hospital, he was examined by the Judicial Medical Officer (JMO) and later Chief Inspector (CI) Pushpakumara from the Galle police station visited the victim in the hospital and recorded his statement regarding the police assault. The CI then asked the victim's aunt to bring him to the police station as soon as he was discharged from the hospital. Upon instruction, on 31 August 2006, Mr. Kumara along with his aunt went to the Galle police station where CI Pushpakumara referred them to ASP Mr. Kumaratunga of Range III.
While inquiring the incident, the ASP Kumaratunga allegedly told Mr. Kumara, "I will find the stolen goods for you; I will also give a warning to the policeman who assaulted you; but are you willing not to pursue the matter any further?" When Mr. Kumara refused to do so, the ASP got angry and ordered his aunt to leave the room. He then threatened Mr Kumara not to get on the wrong side of the police and warned that it was not a good thing to antagonize police because the ASP was even empowered to cause the abduction and disappearance of a person like him. The ASP then called a typist and dictated a written statement himself to which Mr. Kumara was forced to sign. Mr. Kumara did so as he feared for further assault by the senior police officer. Till date, no progress happened any of the robbery case as well as his torture case.
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7. UPDATE (Sri Lanka): Police investigation of a severe torture case drags on with no transparency
UPDATE ON URGENT APPEAL UPDATE ON URGENT APPEAL UPDATE ON URGENT APPEAL
ASIAN HUMAN RIGHTS COMMISSION - URGENT APPEALS PROGRAM
Update on Urgent Appeal
18 October 2006
[RE: UA-141-2004: SRI LANKA: A man arbitrarily assaulted by the SI of the Horana Police Station without any reason, UP-051-2006: SRI LANKA: Justice continues to evade victim one and a half years after his assault and UP-165-2006: SRI LANKA: Authorities fail to prosecute perpetrator, while the HRC recommends derisory compensation]
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UP-197-2006: SRI LANKA: Police investigation of a severe torture case drags on with no transparency
SRI LANKA: Undue delay in police investigation; no impartiality and transparency of the investigation; denial of justice; impunity
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Dear friends,
The Asian Human Rights Commission has received updated information concerning the fact that a torture victim is suffering from denial of justice due to the lack of an impartial police investigation into his case. As far as we have confirmed, the inquiry officer in this case is the person in charge of the police station where the victim had been tortured, and the prosecution officer is from the same division where the concerned police station is located. The police inquiry into this case has dragged on. Two years have passed since the actual torture incident and the victim says that he has lost all hope of getting justice in this case due to this undue delay and the lack of transparency of the investigation.
Mr. Rathnasiri Senadheera was brutally tortured by Sub Inspector Saliya, the then Officer-in-Charge (OIC) of the Horana police station, on 29 September 2004, while visiting his brother who was in police custody (See further: UA-141-2004). After the incident, he complained to the Human Rights Commission of Sri Lanka, the National Police Commission (NPC) and Attorney General (AG) regarding his arbitrary arrest and torture by the said SI.
The HRC conducted an inquiry into the incident (inquiry no. HRC/5048/04/I(iv)) and on July 4, 2006, recommended that derisory compensation - Rs. 5000 (USD 50) - be provided by the respondent, SI Saliya, to the petitioner (the victim). A copy of HRC's recommendation was sent to the Inspector General of Police (IGP), the AG and the NPC for suitable disciplinary and legal action to be taken against the concerned SI. However, to date, no action has been taken by any of the aforementioned authorities and the alleged perpetrator continues to enjoy complete impunity (see further: UP-165-2006).
Meanwhile, the police inquiry into Mr. Senadheera's case is being dragged on and on and has not been completed even though two years have passed since the actual incident (UP-051-2006). The victim suspects that the undue delay of the police inquiry is due to the biased behavior of the inquiry and prosecution officers of his case. He reported that the inquiry officer working on his case is the Assistant Superintendent of Police (ASP) in charge of supervising the Horana police station where he had been tortured, and the prosecution officer is the Headquarters Inspector (HQI) of the Panadura police station which is in the same division as that of the Horana police station. Considering the fact that the concerned SI was the former OIC of the Horana police station, it can be assumed that the inquiry and prosecution officers are colleagues of the alleged perpetrator.
For example, the AHRC was informed by Mr. Senadheera that on September 4, 2006 he received a letter (ref S 34/2006) requesting him, along with other witnesses, to attend a departmental inquiry conducted against the perpetrator by ASP Nagahamulla of Horana district. The inquiry was to be conducted at the Office of the Senior Superintendent Police (SSP) of Panadura division at 10:00am on 11 September 2006. However, when Mr. Senadheera together with three other witnesses went for the said inquiry at 10 am, ASP Nagahamulla was not in his office and they waited more than 12 hours until 11:15 pm. As the inquiry officer, ASP Nagahamulla had still not arrived at the office for the inquiry. Mr. Senadheera and the other witnesses then left the police station.
Mr. Senadheera says that he no longer maintains any faith in the police inquiry and wonders what justice can be expected under the current circumstances. He complained to the SSP of the Panadura division, the IGP and the NPC regarding the negligent attitudes of the inquiry officer and also raised his concerns about the impartiality of the police inquiry with them. However, he has not received any response from these authorities to date.
SUGGESTED ACTION:
Please write a letter to the relevant officials listed below and urge them to take immediate action to ensure that the alleged perpetrator, SI Saliya of the Horana police, is made to pay adequate compensation to the victim, in line with international standards. The Human Rights Commission should re-evaluate its recommendation concerning the amount involved in this compensation and other cases to ensure that adequate standards of reparation are in place. Furthermore, the authorities must be urged to ensure that a criminal case is filed against SI Saliya in the Magistrate's Court of Horana. The IGP and NPC must take immediate disciplinary action against SI Saliya as well as the police station's Officer in Charge (OIC).
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8. UPDATE (Sri Lanka): Improper and biased manner of police inquiry into a torture case
UPDATE ON URGENT APPEAL UPDATE ON URGENT APPEAL UPDATE ON URGENT APPEAL
ASIAN HUMAN RIGHTS COMMISSION - URGENT APPEALS PROGRAMME
Update on Urgent Appeal
8 November 2006
[RE: UA-241-2006: SRI LANKA: Illegal arrest, brutal torture and fabrication of charges by the Kalutara South police]
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UP-206-2006: SRI LANKA: Improper and biased manner of police inquiry into a torture case
SRI LANKA: Poor quality of police inquiry; torture; un-rule of law
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Dear friends,
The Asian Human Rights Commission (AHRC) has received updated information regarding the completely improper and biased police inquiry into the torture case of 19-year-old Dhanuka Tisara, who was brutally tortured by the Kalutara South police on 2 July 2006 (See further: UA-241-2006). The victim and his family say that they do not expect any justice in his case after experiencing the sham that has come to be known as a 'a police inquiry'.
On 2 July.2006, Dhanuka Tisara was arbitrarily arrested by the Kalutara South Police, taken to the police station on the accusation of committing murder without any evidence to support this. He was then brutally tortured by the police who tried to extract a confession. He was later released on the same day without charges being filed against him.
After he submitted to his written complaints regarding his case to Inspector General of Police (IGP) and police department, Dhanuka Tisara received a notice to appear before the Assistant Superintendent of Police (ASP) of Horana by 10:00am on 27 October 2006 for an inquiry into the complaint. On that day, he went to the ASP's office along with his mother Malini Soysa in time but they were made to wait for 1 ½ hours.
At about 11:30am, a policeman began recording the statements of Mr. Tisara and his mother. But according to the victim's mother, the policeman, instead of inquiring into the details of the victim's brutal torture, asked questions, which were totally irrelevant and in fact degrading to them. These questions include (i) details of Ms. Soysa’s parents and her children, (ii) where she gave birth to Mr. Tisara, (iii) whether she was legally married at the time of his birth, etc.
The policeman had also perused a document written in English (that is considered to be from the AHRC) and commented, “so you are taking legal action with the help of some Asian organisation (presumably the AHRC). He also commented, “those from Pinwatte commit wrong and then run for human rights heh?” Tisara alleges that he also referred to the other children in the family in a disparaging manner. At the same time, the policeman recorded few details of the actual incident and asked them to leave.
The victim and his mother had a strong impression that the inquiry was conducted in a biased and improper manner in favour of the alleged perpetrators. They say that if a police inquiry is not held in a proper and professional manner, they will refuse to attend any of future inquiries because there is no point in doing so.
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9. SRI LANKA: Torture of a 15-year-old boy from Batuwatte by members of the police
URGENT APPEAL GENERAL URGENT APPEAL GENERAL URGENT APPEAL GENERAL
ASIAN HUMAN RIGHTS COMMISSION –
16 November 2006
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UA-372-2006: SRI LANKA: Torture of a 15-year-old boy from Batuwatte by members of the police
SRI LANKA: torture; arbitrary detention; death threats; impunity; children's rights
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Dear Friends,
The Asian Human Rights Commission (AHRC) has received information about the arbitrary and illegal detention and use of death threats and torture against a 15-year-old boy, Chamara Nuwansiri, from Batuwatte, Bangalawatte, by police officers in Balangoda. This reportedly took place following an attack on his family at their home by several people. The boy was detained at the Balangoda police station when he, his mother and two brothers went to the police station to lodge a complaint about the attack on their house. Police officers reportedly tortured him while he was in custody and forced him to confess to a theft that he had not committed. The boy has now been charged with the crime of theft based on this confession and has been released on bail. The boy was also threatened by the police not to talk about the assault after he was released.
On October 3 at around 10:15pm, several people from the Batuwatte area came to the house of Chamara Nuwansiri, a 15-year-old boy, in Batuwatte, Bangalawatte, and attacked his family, including his mother and two brothers. The father of the family, who is a soldier in the army, was not at home at that time. The people who attacked the family first attempted to set fire to Chamara’s mother, however they failed to do so. They then start assaulting Chamara.
After the attackers had left, the family rushed to the Balangoda police station to lodge a complaint about the attack. As they were approaching the police station, Chamara saw the attackers talking with police officers at the station. At the police station, the family’s complaint was not received by the police and the family was ordered to go back home, but Chamara was told to stay.
Another person - known as “Chanaka” – is also alleged to have been with the attackers when they were talking with police officers at the police station. Chamara was brought to a room in the police station along with Chanaka and both were severely assaulted by police officers. The police officers accused both of them of stealing a purse of a person called “Samantha” and demanded that they reveal where it was.
Chamara, who reportedly did not steal the purse, was subjected to harsh interrogation as a result of which he admitted to stealing the purse because he could no longer tolerate the pain. Later on, Chamara and Chanaka were taken from the room where they had been interrogated to a place near the holding cells, they were forced to kneel on the floor with their hands handcuffed together for another three hours, after which time they were offered food. After the meal they were again handcuffed together and taken to a cell.
When Chamara made a request to use the toilet outside of the cell (which is more sanitary than the one in the cell), the police officers answered him with abusive language and accused him of attempting to escape. At this point, the police officers reportedly hit Chamara using their fists and rubber hose pipes and kicked him repeatedly. Chamara was not handcuffed to Chanaka while he was being assaulted by police officers, but was again handcuffed to him after the assaults.
Chamara's father, Mr. M. Bandusiri, went to the police station later on that day, along with Chamara’s mother, to attempt to have their son released, however they failed.
Chamara and Chanaka were detained in the cell until around 6:00pm the next day (October 4, 2006). They were then moved to a warehouse, where they spent the night. On October 5, both of them were handcuffed together again, and locked in a holding cell. At around 3:00 pm on the same day, Samantha and several other people came to the police station and threatened Chamara. The police officers also said, “Tell the truth. If you tell the truth you can go home right now”. Chamara however did not bend to these threats and kept stating that he had been assaulted by the police and handcuffed with Chanaka in the cell.
On October 6, the police took Chamara and Chanaka's fingerprints and then produced them before the Balangoda Magistrate’s Court. At the court, they were charged with committing theft. Chamara was released on bail later the same day and his parents were told to take him to the probation office.
On October 7, Chamara was suffering from health problems and was brought to the Balangoda government hospital by his parents. Chamara complained to the medical doctor about the torture he had been subjected to by the police officers. On that evening, a police officer came to the hospital to see Chamara and threatened him by saying, “Don’t you say the police hit you; come to the police station later and sort it out; or else, we will dispose of you”. On October 8, 2006, Chamara told the Judicial Medical Officer (JMO) and the hospital police that he had been tortured by the police when the police recorded his statement, and was examined by the JMO.
The AHRC strongly condemns the arbitrary and illegal detention and use of torture and death threats on 15-year-old Chamara Nuwansiri. The AHRC recalls that Sri Lanka is party to the United Nations Conventions on Torture and on the Rights of the Child. The Sri Lankan authorities are urged to immediately launch an investigation concerning these events, notably the arbitrary detention, torture and death threats to which Chamara Nuwansiri was subjected; to bring the perpetrators to justice and ensure that adequate reparation is provided to the victim, in line with international norms and standards.
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10. SRI LANKA: Arbitrary detention and ill-treatment by the police of a man suffering from mental illness
URGENT APPEAL GENERAL URGENT APPEAL GENERAL URGENT APPEAL GENERAL
ASIAN HUMAN RIGHTS COMMISSION –
17 November 2006
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UA-373-2006: SRI LANKA: Arbitrary detention and ill-treatment by the police of a man suffering from mental illness
SRI LANKA: Arbitrary and illegal detention; ill-treatment
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Dear Friends,
The Asian Human Rights Commission (AHRC) has received information about the arbitrary and illegal detention of a man suffering from mental illness at the Wadduwa police station. His detention is thought to have been carried out because of a conversation he allegedly had that upset the Officer-In-Charge (OIC) of the police station. The victim, Nishantha Perera, was detained in one of the police station's holding cells for over 9 hours, without being issued an official warrant of detention. The detention frightened the victim, reportedly causing him to become hysterical. As a result, the OIC allegedly stripped the victim naked and insulted him, before forcing him to run back home without any clothes on. His clothes and other belongings, including his wallet and National Identity card, are still being retained by the police.
At around 1:15pm on October 29, 2006, Nishantha Perera, a 29 year old man from Wadduwa, was having a conversation with the Officer-in-Charge (OIC) Lalith Obeysekera at Wadduwa police station in the south of Sri Lanka. When Nishantha Perera reportedly made a remark about the current Sri Lankan president, OIC Obeysekera became upset and ordered other police officers to detain Mr. Perera. There was no official warrant issued for Mr. Perera’s detention.
Mr. Perera has reportedly been suffering from mental illness and has been under medication for six years. The detention affected him psychologically; frightening him and causing him to become hysterical, as a result of which he repeatedly kicked the partition between the holding cell and the toilet area.
At around 10:30pm that evening, after 9 hours of detention, Mr. Perera was released from the cell but was stripped naked and insulted by OIC Lalith Obeysekera. Subsequently, Mr. Perera was forced to run back to his home naked by Obeysekera.
Mr. M. Jayawathi Perera, the victim's father, was outraged by the illegal detention and inhuman and degrading treatment to which his son was subjected by the police, who reportedly knew of his psychological condition.
Mr. Perera has reportedly attempted to seek justice concerning the arbitrary detention and cruel and degrading treatment to which he was subjected, but his complaint has not been dealt with seriously; there has been no investigation into the case and his belongings have not been returned to him by the Wadduwa police.
The AHRC condemns the arbitrary detention and ill-treatment of Nishantha Perera, who suffers from mental illness. OIC Lalith Obeysekera, the senior officer who detained Mr. Perera without any legal basis, should immediately be investigated concerning his cruel and illegal actions.
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11. SRI LANKA: Brutal torture of a man who was wrongly arrested by police officers
URGENT APPEAL GENERAL URGENT APPEAL GENERAL URGENT APPEAL GENERAL
ASIAN HUMAN RIGHTS COMMISSION – URGENT APPEALS PROGRAMME
20 November 2006
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UA-374-2006: SRI LANKA: Brutal torture of a man who was wrongly arrested by police officers
SRI LANKA: torture in the custody: deficient investigation by police
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Dear Friends,
The Asian Human Rights Commission (AHRC) has received information about the torture of a man who was arrested falsely by police in Seeduwa, Negombo Division, Sri Lanka. The victim was arrested in relation to the charge of robbery of the house in Prasanna Sandaruwan which is under the area of control of the Seeduwa police station. The victim had allegedly claimed that he was not involved in the robbery. However the police allegedly tortured him in order to force him to confess his involvement in this crime.
CASE DETAILS:
At around 11:30 am on 27 October 2006, several police officers took Mr. Pasquelge Don Dudley Mervyn, a 56-year-old casual labourer to the Seeduwa police station in Seeduwa. Negombo District II, Negombo Division, Sri Lanka and arrested him in charge related to a robbery of a house of Prasanna Sandaruwan, which Mr. Pasquelge claims that he did not commit. The mother of the victim, Mrs. Pasquelge Dona Violet Lilian, learned of the detention of her son in the evening of the day he was arrested.
When Lilian visited her son to the Seeduwa police station with food, Dudley told her that he had been severely tortured by police officers and had been forced to admit to the robbery that he did not commit. Lilian saw the injuries on his body and realised that her son was in great pain.
On November 2 when Lilian again visited the police station to see her son, she witnessed that he was not in the holding cell but was seated on a chair in the police mess and handcuffed to a steel bed by his right hand.
Shockingly, Dudley had been detained at the police station for 7 days until November 3 without being produced before a magistrate. A person arrested must be brought before court within 24 hours after the arrest according to law. Furthermore he had allegedly been tortured constantly by the police while he was in custody.
The AHRC demands that the brutal torture of a man who has been falsely charged should never be allowed to go unchallenged. This fact reveals the inefficiency of Sri Lankan police which does not have the training and capability to conduct investigations without resulting to brutal torture.
SUGGESTED ACTION:
Please write a letter to the relevant Sri Lankan authorities listed below to urge them to conduct an inquiry into this case of wrongful arrest and severe torture of a man by the police. Please also urge the government authorities to provide necessary compensation for the victim’s mental and physical pain due to severe assaults carried by police.
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12. UPDATE (Sri Lanka): 49 year-old male victim of illegal arrest allegedly being tortured and still under detention
UPDATE ON URGENT APPEAL UPDATE ON URGENT APPEAL UPDATE ON URGENT APPEAL
ASIAN HUMAN RIGHTS COMMISSION - URGENT APPEALS PROGRAMME
Update on Urgent Appeal
15 December 2006
[RE: UA-378-2006: SRI LANKA: Man illegally arrested and held in secret detention by police]
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UP-230-2006: SRI LANKA: 49 year-old male victim of illegal arrest allegedly being tortured and still under detention
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 Kanthi’s 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. Ananda’s 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.
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13. SRI LANKA: Alleged forced abduction of a man and brutal action against victim’s family by police
URGENT APPEAL GENERAL URGENT APPEAL GENERAL URGENT APPEAL GENERAL
ASIAN HUMAN RIGHTS COMMISSION –
15 December 2006
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UA-401-2006: SRI LANKA: Alleged forced abduction of a man and brutal action against victim’s family by police
SRI LANKA: disappearance: ill treatment of person by police: irresponsible actions by police to victim’s family
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Dear friends,
The Asian Human Rights Commission (AHRC) has received information about the forced abduction of a man from Ranala, Sri Lanka in a notorious white van incident on 23 August 2006. The family members of the victim at the location of the abduction were also beaten with rifle butts, hands and feet. Several weeks before the victim's abduction the Office-in-Charge of Navagamuwa visited the victim's family and informed them that the victim was wanted for some robbery without producing any evidence of it. After the abduction the family members went to the police station to look for the victim, but failed to locate him. The police officers have never dealt with the complaints and the family's requests to see the victim, on the contrary, they have threaten the family members and showed no willingness to conduct an investigation into the abduction.
CASE DETAILS:
On August 23 2006, I.A. Nishantha Chandrasiri was abducted while he was visiting the house of a sister by six to seven persons who had come in a white coloured van. At the moment of abduction he and his family members were beaten with rifle butts, hands and feet. The family members were blamed as to why they allowed Nishantha Chandrasiri in their house. His hands were tied with a T shirt he was wearing and he was taken out to a van.
According to the family, some weeks before the abduction on August 23, the Office-in-Charge (OIC) of Navagamuwa had visited the family house of Nishantha Chandrasiri and told them that he was wanted for some robbery. However, the family is not aware of any such involvement.
The following day, those who were subjected to the beating went to Nishantha Chandrasiri's house and informed his wife, W. Dinasha Sangeewani Kumari about what had happened. With the sufficient suspicion that the victim might have been arrested by the Navagamuwa police, the victim's wife and brother went to Navagamuwa police station. They reached the station at 9:00a.m. and complained to the OIC. The OIC shouted at them asking, "Is it now that you have thought of the police and why have you come?" The two persons explained that had come to look for Nishantha Chandrasiri.
The OIC told them that, "We have not brought him. If we get hold of him, we will kill him. Even by now there won't even be pieces of him."
The OIC did not allow a statement to be recorded from them. He told them to go to other police stations and have a look. The two family members went to the Mirihana Police, the police stations at Hanwella, Athugiriya and Pelliyagoda but could not find him.
On the same day they visited the Human Rights Commission of Sri Lanka and informed the commission that the Navagamuwa police had refused to take a statement. An officer from the commission talked to the Navagamuwa police and thereafter the victim's family members were asked to go back again to the station. At around 8:00p.m., they went and informed the officers the reason for their coming and then a statement was recorded. They left the police station at around 10:00p.m.
After about a week having received news that he was being kept at the Criminal Investigation Unit at Dematagoda the members of the family visited the place and were shown Nishantha Chandrasiri through a small peephole, seated on a bench in a dark room. They were not told any details and thereafter despite of all attempts they were unable to obtain any further information.
The family believes that the OIC of Navagamuwa is aware of what might have happened to Nishantha Chandrasiri. They visited the one-man Commission on Abductions and Disappearances appointed to look into disappearances, which is headed by Mr. Mahanama Thilakaratne, and made a complaint. The victim's aunt who had been at the incident site recorded her evidence.
All that the family has heard about this investigation is that the investigation is over and the report on it has been forwarded to the President of Sri Lanka. Despite of all the attempts by the victim's family in making complaints to the police, the Human Rights Commission of Sri Lanka and the one-man Commission on Abductions and Disappearances the family has not been given any information on the whereabouts of Nishantha Chandrasiri.
The family requests that inquiries be held into the abduction and disappearance of the victim and that the state should find the victim, wherever he is. The family also requests the one-man Commission on Abductions and Disappearances, the police authorities and the President of Sri Lanka to let them know what has happened to Nishantha Chandrasiri.
SUGGESTED ACTION:
Please write letters to the relevant Sri Lankan authorities to urge them to conduct an immediate and impartial investigation into the case of Nishantha's abduction and arrest. Also, please urge them to establish a fair investigation mechanism in order to prevent the recurrence of abductions.
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14. SRI LANKA: Man illegally arrested and assaulted by excise officers
URGENT APPEAL GENERAL URGENT APPEAL GENERAL URGENT APPEAL GENERAL
ASIAN HUMAN RIGHTS COMMISSION – URGENT APPEALS PROGRAMME
9 January 2007
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UA-009-2007: SRI LANKA: Man illegally arrested and assaulted by excise officers
SRI LANKA: arbitrary and illegal arrest, inappropriate investigation,
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Dear Friends,
The Asian Human Rights Commission (AHRC) has received information regarding the violent and arbitrarily arrest of a man being investigated by officers from the Excise Department on suspicion of being in possession of illicit liquor on 29 November 2006. The arresting officers had no warrant or evidence and proceeded to violently assault the victim in front of his family. The officials then forced the man to sign a statement without his knowledge of what the document read. It has also been reported that the victim was refused the right to lodge a complaint about the incident and has since been presented before the court on false charges laid by the alleged perpetrators.
CASE DETAILS:
About 4:00 am on 29 November 2006, five mysterious men including one in uniform began pounding on the door of Mr. R.H. Dhanapala's home while he and his family were asleep. At the sound of shouting, one of the victim’s children opened the door. The five men entered the house and identified themselves as officers from the ‘Excise Department’. One man who was wearing civilian cloths then pulled Mr. Dhanapala by his sarong and shouted, "come on, show us where the kasippu (illicit liquor) barrels are!"
Mr. Dhanapala maintained that he was not in possession of any kasippu. The officers then verbally abused him in front of his family and began assaulting him on his head. When Mr. Dhanapala's children began screaming in fear, the officers dragged him outside the house only after they had forcibly obtained the signatures of the victim and his wife without informing them of what they were signing.
The excise officers then took Mr. Dhanapala to a nearby shrubbery and pressed hard upon him, demanding to know where the barrels of kasippu were. When Mr. Dhanapala continued to insist that he had no idea, the officers grabbed him by his beard and hair. They then began to severely assault him with their fists and kicked him with their boots.
Meanwhile, officers took a second person into custody and brought that man to the same shrubbery and brutally assaulted him and Mr. Dhanapala with a pole. At that time, Mr. Dhanapala saw that two barrels of kasippu were presented there but did not know where the police got these barrels from. The officers then took that man and Mr. Dhanapala back to the other man's house and told Mr. Dhanapala that he would be charged in court. He was then released and instructed to be present at the Ratnapura courts on 14 December 2006.
On 30 November 2006, Mr. Dhanapala who was accompanied with his employer Shantha Kumara, visited the Ratnapura Excise Department to lodge a complaint regarding the incident. They were informed that the relevant officer was not in and were told to return on 5 December 2006 at 9:00 am. When they returned on December 5, one of the officers who had arrested and assaulted Mr. Dhanapala came forward and verbally abused both Shantha Kumara and Mr. Dhanapala. Furthermore, Mr. Dhanapala's compliant was not accepted.
On 14 December 2006, Mr. Dhanapala went to the Ratnapura courts where he discovered that he had been falsely charged with the possession of illicit liquor. He pleaded not guilty to the charges against him and was enlarged on bail by the court. The case has been fixed for 18 January 2007.
According to Mr. Dhanapala, ever since the incident, his children who had seen him assaulted and dragged out of their house have been suffering from mental trauma and are now living in fear.
Mr. Dhanapala has complained in writing to the IGP, Commissioner General of Excise, the Human Rights Commission of Sri Lanka and other relevant authorities regarding the illegal arrest, assault and fabrication of charges against him. He is requesting that these authorities take immediate legal and disciplinary measures against the errant excise officers.
ADDITIONAL COMMENTS:
In similar cases involving the sale of illicit liquor reported on by the AHRC (UA-248-2006 and UA-091-2006), officers from various authorities visit the alleged person's house in the middle of the night or early morning without any warrant or evidence. Since the officers do not have any specific real evidence, the method of investigation is not through the legal process but by using violence in order to extract a confession, which is then used as the only legal evidence at trial. The officers also force the arrested persons to sign a written statement that consists of information that they are not read. Eventually, the alleged person is presented at the court in accordance with the statement which he/she has forcibly signed. This illegal process is an endemic issue that has encroached upon the entire legal system in Sri Lanka.
SUGGESTED ACTION:
Please write a letter to the relevant authorities listed below and urge them to launch an immediate and impartial investigation into this case and take action to prosecute the responsible officers as soon as possible. Also, please urge them to establish a fair investigation mechanism in order to prevent the recurrence of illegal arrests and violent investigations.
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15. SRI LANKA: A brutal killing of a pastor by the security forces in Jaffna
URGENT ACTION URGENT ACTION URGENT ACTION URGENT ACTION URGENT ACTION
ASIAN HUMAN RIGHTS COMMISSION - URGENT APPEALS PROGRAM
24 January 2007
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UA-024-2007: SRI LANKA: A brutal killing of a pastor by the security forces in Jaffna
SRI LANKA: Extrajudicial killing; impunity; un-rule of law
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Dear friends,
The Asian Human Rights Commission (AHRC) has received information about the alleged brutal killing of a young Christian pastor by the security forces in Jaffna on 13 January 2007. The army initially claimed that they killed a terrorist in self-defence. Now they have changed their version of the story claiming that the pastor was shot because he did not follow the soldiers' instruction to stop. However it is known that he is a well-known pastor in the area. No serious action has yet been taken to investigate the incident and no arrests have been made.
CASE DETAILS:
Rev. Nallathamby Gnanaseelan, 38-year-old pastor of Tamil Mission Church in Jaffna, was brutally gunned down, allegedly by Sri Lankan security forces at the road block at Library junction, Wembedy School Road, Jaffna at around 10:30am on 13 January 2007. On that fateful Saturday morning, he had gone on his motorbike to Jaffna hospital with his wife Serena and his eldest daughter who was sick. He had left the mother and daughter at the hospital at about 10:00am asking them to return home by bus after the medical treatment was over.
The killing took place at Chapel Street when Rev. Gnanaseelan was heading to his church to conduct a day long prayer-fast at the church. According to the eyewitnesses, Rev. Gnanaseelan was shot in the stomach and then as he lay on the street, shot in the head and killed by the soldiers on duty stationed at the Wembady-Library Junction. The soldiers were sauntering along Chapel Street at that time. His Bible, bag, ID card and motorcycle were taken away and he was left lying on the road. Eyewitnesses say that the pastor had not done anything provocative.
According to the online report of Sunday Leader newspaper, Rev. Gnanaseelan's body lay on the road for more than an hour till he was officially discovered by the police at around 11:30am. The acting Jaffna District Judge M. Thirunavukkarasu went to the scene for a preliminary inquiry and instructed police to trace the victim's identity. The "unidentified' body was the taken to the Jaffna hospital morgue.
On the following day, the family was looking for the missing pastor. Some parishioners were informed by the police that an unidentified body was lying at the morgue. The family members went to the morgue and found the pastor's body there.
The soldiers on duty at Wembady Road Junction reported that that Rev. Gnanaseelan was carrying explosives. On January 13, the Media Centre for National Security (MCNS) website www.nationalsecurity.lk posted a brief news item that one person, who was to be searched at the road block at Library junction, Wembedy School Road, Jaffna, attempted to hurl a hand grenade and the troops shot him dead in self-defence. It is also claimed that a grenade was found in the pastor's possession. The Defence Ministry had posted a similar story on its website www.defence.lk on January 13.
However, it is reported that the Sri Lankan military changed their claims after they discovered that the dead man was a well-known Christian pastor. Now it is claimed that the pastor was shot because he did not stop when the soldiers instructed him to do so. However, the AHRC has a view that this is a deliberate attempt by the security forces to frame Rev. Gnanaseelan and justify his killing.
The two news items mentioned above have reportedly been deleted from those websites.
It is also reported that military officials pressured the pastor's wife to sign some documents but she refused to do so.
In its statement, the National Christian Evangelical Alliance wrote "Rev. Gnanaseelan was a member of the National Christian Evangelical Alliance Clergy Fellowship in Jaffna and was not involved in any political activity. He was a law abiding citizen and the pastor to his congregation." The statement also said that "His death is not an isolated incident, but one of many, which takes place in the North East of Sri Lanka, daily."
The statement further said that "Jaffna recently has been the scene of extra judicial killings, abductions and disappearances" and appealed to the international community "to raise their voices and prevent the massacre of the innocents in this country and to establish a United Nations human rights monitoring mission in Sri Lanka is urgent need."
Rev. Gnanaseelan was survived by his wife and four children. The oldest daughter is seven years old and youngest is one year old.
SUGGESTED ACTION:
Please write to the relevant authorities listed below and express your concern about this serious case. Please urge them to order a thorough and impartial inquiry into the case and take legal action against the alleged perpetrators.
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16. SRI LANKA: Alleged brutal assault of a man by the Panadura police
URGENT APPEAL URGENT APPEAL URGENT APPEAL URGENT APPEAL
ASIAN HUMAN RIGHTS COMMISSION- URGENT APPEALS PROGRAMME
Urgent Appeal
8 February 2007
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UA-044-2007: SRI LANKA: Alleged brutal assault of a man by the Panadura police
SRI LANKA: Arbitrary arrest and detention; torture; impunity
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Dear friends,
The Asian Human Rights Commission (AHRC) has received yet another alleged torture of a young man by the police in Sri Lanka. According to the information we have received, Mr. A. Dushmantha Silva (29) residing in Temple Road, Dibedda, Panadura was tortured by the Panadura police after his arbitrary arrest on 3 February 2007. After being released on police bail on February 4, the victim lodged his complaints to various government authorities including the Inspector General of Police but no serious action has yet been taken to investigate the incident and arrest the alleged perpetrators so far.
CASE DETAILS:
Mr. A. Dushmantha Silva is a 29--year-old manual worker living in Temple Road, Dibedda, Panadura, Sri Lanka. On 3 February 2007 about 3pm, he was on his way to a motor garage to buy a silencer for his motorcycle when he was illegally arrested by four policemen from the Panadura police lead by Sub Inspector (SI) Upul Kumara. The policemen then allegedly assaulted him all over his body with a length of rubber (a three wheel vehicle door beading), while demanding that he tell them where he hidden the illicit liquor. Mr. Silva insisted he was no longer engaged in that illegal business but the policemen did not listen to him and continued to brutally assault him. After that he was handcuffed and taken to a shrubbery nearby where the police had allegedly recovered several barrels of illicit liquor, a gas stove and cylinder. They put these implements into a hand-tractor and proceeded to the police station.
At the police station, Mr. Silva was fingerprinted and locked up in a holding cell. At about 11:30am on February 4, the police took Mr. Silva to the Panadura Hospital, where presumably they hoped to fraudulently obtain the 'all clear' for a remand order from the court. However Mr. Silva complained to the doctor regarding the police assault and the doctor requested him to show his injuries. Mr. Silva removed his shirt and showed the doctor the marks on his back. Later the doctor requested him to leave the room and had a long animated conversation with the policemen who escorted Mr. Silva to hospital. Mr. Silva believes the doctor must have refused to sign the medico-legal form enabling his remand, because the police simply brought him back to the police station and threatened him with death if he approached any human rights organisation regarding his case. The police then recorded his statement and released him on bail. The police also ordered him to appear in court on 9 February 2007.
As soon as he was released, Mr. Silva rushed to the Kalubowila Hospital, where he complained about the police assault. On February 5, Mr. Silva complained about his case to the Assistant Superintendent of Police (ASP), who recorded his statement and afforded him a medico-legal form which he took to the hospital. Later he was examined by the Judicial Medical Officer (JMO) to whom he again complained about the police assault.
Meanwhile, Mr. Silva has lodged written complaints to the Human Rights Commission of Sri Lanka, the National Poli