SRI LANKA: Young man tortured by Kantale Police

ASIAN HUMAN RIGHTS COMMISSION - URGENT APPEALS PROGRAMME

Urgent Appeal Case: AHRC-UAC-002-2018
ISSUES: Administration of justice, Impunity, Institutional reform, Police violence, Right to redress, Rule of law, Threats and intimidation, Torture,

Dear Friends,

The Asian Human Rights Commission (AHRC) has received information regarding Mr. Kariyawasam Wickramarachchilage Milan Saman Wickramasinghe (21) permanent resident of Kantale Police Division. He was severely tortured by two Police Officers attached to the Kantale Police Station and two other assailants who allegedly participated in the torture following the instructions of the Police. Later Milan was admitted to the Kantale District Hospital for treatment and discharged two days later. Presently he is in hiding, in fear of his life and further harassment by the Police. The victim states that the Police acted arbitrary and illegally and violated the Law. Senior Police superiors turned a blind eye to the complaints made by his relatives to protect their fellow police officers. THE VICTIM SEEKS JUSTICE.

Case Narrative:

The Asian Human Rights Commission has received information about Mr. Kariyawasam Wickramarachchilage Milan Saman Wickramasinghe (21), No: 247, Trincomalee Road, Kantale in the Trincomalee District. Milan completed his high school education one year ago and is waiting to engage in self-employment.

On 13 June 2017, at 6:30 p.m. he went to the Kantale Water Reservoir with two of his friends on a three-wheeler. At the Bogaha Junction on the road of Thrincomalee Road, his way was obstructed by a car still in motion. Later, the car stopped on the road ahead of his three-wheeler and signaled him to stop. Milan stopped the vehicle. Then two police officers exited this car and started questioning Milan about where they were going. Milan politely responded that he was on his way to the water reservoir to buy fish for the house. Milan identified two police officers and two other persons in plain clothes. It was obvious that all four members of the team in the car were under the influence of alcohol—intoxicated. They were DRUNK.

While questioning Milan, the two officers started harassing him. They said that he was driving erratically and interfering with them proceeding. But Milan refuted this. He stated that he did not violate any traffic laws. The Police, if they wished, could file a case against him in the Courts for alleged traffic violations. They began to assault Milan and the other two travelers. Two officers took the lead to beat Milan, while the other two persons participated and supported the police officers in their assault. Milan was beaten on the arms, legs, buttocks, back and chest. Milan pleaded with the officers not to assault him. BUT, the officers and their companions were not in a position to understand the situation due to becoming drunk under the influence of alcohol. After the Police left the scene Milan drove to the water reservoir, bought fish and started to return home.

On his way back home, he was again stopped by the same police officers who began to assault him and his friends for the second time. They were not questioned or given any reason for this illegal behavior. Milan understood that the Police were taking revenge on them for the first incident. Milan protested his innocence and requested the officers to take legal action if he was in violation of the Law. After this, the officers left in their police car.

Milan drove directly to the Kantale Police Station. He made a written complaint to the Police that he and his two friends were assaulted by two intoxicated police officers and two in plain clothes. He was admitted to the Kantale District Hospital for treatment and was discharged the next day.

Milan learned that the Police are waiting to illegally arrest him, detain him, and file fabricated charges against him. Needless to say, for his own personal safety, Milan was forced to leave his village and hide. Presently he is living in fear of his life and further harassment by the Police.

Milan states that he was severely tortured by Officers attached to the Kantale Police. He said they had violated his fundamental rights guaranteed to them by the Constitution.
HE SEEKS JUSTICE.

Suggested Action:

Please send letters to the authorities listed below expressing your concern about this case. Request an immediate investigation into the allegations of torture by the Police. And prosecution of those proved to be responsible under the criminal law for misusing the powers of the State. The officers involved must also be subject to an internal investigation for breach of Police Departmental Orders. Please request the National Police Commission (NPC) and the Inspector General of Police (IGP) to open a special investigation into the malpractices of Police Officers who abuse their powers.

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

SAMPLE LETTER

Dear _______

SRI LANKA: Young man tortured by Kantale Police 

Name of Victims: Mr. Kariyawasam Wickramarachchilage Milan Saman Wickramasinghe (21) No: 247, Trincomalee Road, Kantale in the Trincomalee District
Alleged perpetrators: Senior Police Superiors, Police Officers and plain clothes Officers attached to the Kantale Police Station
Date of incident: On 13 June 2017
Place of incident: Kantale Police Division

According to information I have received Mr. Kariyawasam Wickramarachchilage Milan Saman Wickramasinghe (21), No: 247, Trincomalee Road, Kantale in the Trincomalee District. Milan completed his high school education one year ago and is waiting to engage in self-employment.

On 13 June 2017, at 6:30 p.m. he went to the Kantale Water Reservoir with two of his friends on a three-wheeler. At the Bogaha Junction on the road of Thrincomalee Road, his way was obstructed by a car still in motion. Later, the car stopped on the road ahead of his three-wheeler and signaled him to stop. Milan stopped the vehicle. Then two police officers exited this car and started questioning Milan about where they were going. Milan politely responded that he was on his way to the water reservoir to buy fish for the house. Milan identified two police officers and two other persons in plain clothes. It was obvious that all four members of the team in the car were under the influence of alcohol—intoxicated. They were DRUNK.

While questioning Milan, the two officers started harassing him. They said that he was driving erratically and interfering with them proceeding. But Milan refuted this. He stated that he did not violate any traffic laws. The Police, if they wished, could file a case against him in the Courts for alleged traffic violations. They began to assault Milan and the other two travelers. Two officers took the lead to beat Milan, while the other two persons participated and supported the police officers in their assault. Milan was beaten on the arms, legs, buttocks, back and chest. Milan pleaded with the officers not to assault him. BUT, the officers and their companions were not in a position to understand the situation due to becoming drunk under the influence of alcohol. After the Police left the scene Milan drove to the water reservoir, bought fish and started to return home.

On his way back home, he was again stopped by the same police officers who began to assault him and his friends for the second time. They were not questioned or given any reason for this illegal behavior. Milan understood that the Police were taking revenge on them for the first incident. Milan protested his innocence and requested the officers to take legal action if he was in violation of the Law. After this, the officers left in their police car.

Milan drove directly to the Kantale Police Station. He made a written complaint to the Police that he and his two friends were assaulted by two intoxicated police officers and two in plain clothes. He was admitted to the Kantale District Hospital for treatment and was discharged the next day.

Milan learned that the Police are waiting to illegally arrest him, detain him, and file fabricated charges against him. Needless to say, for his own personal safety, Milan was forced to leave his village and hide. Presently he is living in fear of his life and further harassment by the Police.

Milan states that he was severely tortured by Officers attached to the Kantale Police. He said they had violated his fundamental rights guaranteed to them by the Constitution.
HE SEEKS JUSTICE.

I request the intervention of your good offices. Ensure that the authorities listed below open an immediate investigation into the allegations of violation of the fundamental rights of the victim by officers of the Sri Lanka Police Department. The officers involved should also be subject to internal investigations for breach of Police Departmental Orders.

Yours sincerely,

——————— 
PLEASE SEND YOUR LETTERS TO:

1. Mr. Pujith Jayasundara 
Inspector General of Police 
New Secretariat 
Colombo 1 
SRI LANKA 
Fax: +94 11 2 440440 / 327877 
E-mail: igp@police.lk

2. Mr. Jayantha Jayasooriya PC 
Attorney General 
Attorney General’s Department 
Colombo 12 
SRI LANKA 
Fax: +94 11 2 436421 
E-mail: ag@attorneygeneral.gov.lk

3. 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 or polcom@sltnet.lk

4. Secretary 
Human Rights Commission 
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

Thank you.

Urgent Appeals Programme
Asian Human Rights Commission (ua@ahrc.asia)