SRI LANKA: A man illegally arrested and being tortured by the police at Katugastota Police Station in Kandy

ASIAN HUMAN RIGHTS COMMISSION - URGENT APPEALS PROGRAMME

Urgent Appeal Case: UA-20-2004
ISSUES: Torture,

Dear friends

The Asian Human Rights Commission (AHRC) has received information that a man named D.G. Athula Saman Kumara was illegally arrested on 16 February 2004 and is being tortured by the police officers at the Katugastota Police Station in Kandy, Sri Lanka. According to the report we have received, the victim, who is currently under the detention at the same police station, is severely injured due to torture and needs immediate medical treatment. Please send a letter to the local authorities and request them to intervene in this matter in order to stop ongoing torture on the victim and provide medical treatment to him immediately. 

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

Name of the victim: D.G. Athula Saman Kumara, Businessman
Address of the victim: No. 283/33, Ranawana Road, Katugastota, Menikkumbura
Alleged perpetrators: Officers attached to the Katugastota Police Station in Kandy
Period of illegal detention and torture: From 16 February 2004 till now 

Case details:

On 16 February 2004, a group of police officers attached to the Katugastota Police Station came to the wholesale market at Katugastota in Kandy, where D.G. Athula Saman Kumara (the victim) was carrying out his business, and took him to the Katugastota Police Station. 

When the victim’s wife, Mrs. Simon Wijesuriyalage Indrani went to see him at the police station on the evening of the same day, she found her husband was severely injured by the torture conducted by the police officers. Saman Kumara told her wife that while he was arrested by the police, the police did not inform the reason of arrest as well as the ‘memo of arrest’ that is a duty of the police when they arrest a person. In late night of the same day, Mrs. Simon Wijesuriyalage Indrani went to see her husband again and noticed that her husband was suffering very much from the pain caused by torture. According to Sri Lanka laws, the arrested person must be produced before magistrate within 48 hours since his/her arrest. However, the victim has not been produced before magistrate yet and is currently under the custody at the Katugastota Police Station. The reason of arrest is unknown.

Mrs. Simon Wijesuriyalage Indrani lodged complaints to the National Human Rights Commission (NHRC) and National Police Commission (NPC) in Colombo. She fears further torture on the victim by the police and said the victim needs immediate medical treatment considering his serious condition. 

AHRC is gravely concerning of condition of Saman Kumara. We request the local authorities to intervene in this matter immediately in order to stop torture on the victim and to provide immediate medical treatment to him. 

SUGGESTED ACTION:
Send a letter, fax or email to the addresses below and express your concern about this serious case.

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

2. Hon. Mr. K. C. Kamalasabesan 
Attorney General 
Attorney General’s Department 
Colombo 12 
SRI LANKA 
Fax: +94 11 2 436 421 
Email: attorney@sri.lanka.net or counsel@sri.lanka.net

3. Mr. Ranjith Abeysuriya PC 
Chairman National Police Commission 
69-1 Ward Place, Colombo 7 
SRI LANKA 
Fax: +94 11 2 669 128 / 691 926 
Fax HOME: +94 11 2 674148

4. Dr. Radhika Coomaraswamy
Chairperson 
National Human Rights Commission of Sri Lanka 
No. 36, Kynsey Road, Colombo 8 
SRI LANKA 
Tel: +94 11 2 694 925 / 673 806 
Fax: +94 11 2 694 924 / 696 470 
E-mail: sechrc@sltnet.lk

5. Mr. Shavindra Fernando
Senior State Counsel 
Torture Perpetrators Investigation Unit 
Attorney General’s Department 
Colombo 12 
SRI LANKA
Tel/Fax: +94 11 2 327 765 
Email: Prsec@visual.lk or savifdo@yahoo.co.uk

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 

To support this case, please click here: SEND APPEAL LETTER

SAMPLE LETTER

Dear

Re: A man illegally arrested and being tortured by the police at Katugastota Police Station in Kandy

Name of the victim: D.G. Athula Saman Kumara, Businessman
Address of the victim: No. 283/33, Ranawana Road, Katugastota, Menikkumbura
Alleged perpetrators: Officers attached to the Katugastota Police Station in Kandy
Period of illegal detention and torture: From 16 February 2004 till now

I am writing to bring to your attention the torture of D.G. Athula Saman Kumara at the Katugastota Police Station in Kandy.

Saman Kumara was illegally arrested by the police officers on 16 February 2004 and detained at the Katugastota Police Station until now. According to the victim’s wife, while he was detained in the police station, Saman Kumara was severely tortured by the police officers and is suffering from the serious pains due to torture. Moreover, the victim has not been produced before magistrate although the police have to do it within 48 hours since the arrest according to Sri Lanka laws. Considering his critical condition, the victim needs immediate medical treatment.

Therefore, I strongly request you to intervene in this matter to stop the ongoing torture on the victim immediately. I also urge you to ensure the victim to access the appropriate medical treatment as soon as possible. I further call for you to investigate this case thoroughly and bring the person(s) involved in torturing the victim before justice. 

Lastly, I urge the government of Sri Lanka to implement the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (CAT) into domestic law and take prompt and strong action to eliminate torture at police stations in Sri Lanka. 

I truly hope my request would not be another futile attempt to get your practical action into the matter of torture. 

Sincerely yours,

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Urgent Appeals Programme
Asian Human Rights Commission (AHRC) 

Document Type : Urgent Appeal Case
Document ID : UA-20-2004
Countries : Sri Lanka,
Issues : Torture,