Dear friends,
The Asian Human Rights Commission (AHRC) has learned that a criminal investigator restrained and struck a fisheries union leader while he was detained at Negombo Police Station. Though police assault is classified as torture under Sri Lankan law it remains common and little addressed, and must be met with a criminal investigation. The leader had been assisting local fisheries officers in a project to confiscate illegal fishing nets.
CASE DETAILS:
Naidappulage Aruna Roshantha Fernando, 39, is a fisherman and the president of the All Ceylon Fisheries People Trade Union and Pitipana, the United Fisheries Union.
According to reports to the AHRC, he helped with the monitoring and removal of illegal fishing nets in the area on 18 November 2009: a project with the Negombo district fisheries officers, under the observation of navy officers. However a man who claimed to own some of the nets filed a theft complaint against him.
Roshantha was taken into the Negombo Police Station for questioning on 21 November, where he explained his case to Inspector Priyadarshana from the criminal department. He reports that the policeman then held his shirt collar and struck him hard across the face. Though the inspector was questioned on this by a colleague who witnessed the attack headquarters inspector Liyanage he allegedly gave no answer. Roshantha was then placed in a police cell after having a brief statement taken on the issue of the nets.
The next day Roshantha was taken to the Negombo Basic Hospital, where he was seen by a Judicial 
Medical Officer and a magistrate, and warded for further monitoring. He spent more than three days in hospital, in remand (case No. B/3171/09) before being granted bail –Rs 3000 cash and Rs 100,000 personal bail –due to injuries from the assault; and as seen in the image to the right, was chained to his hospital bed. He was discharged on 26 November.
Police assault is classified as torture under Sri Lankan and international law and perpetrators must be dealt with accordingly: with a criminal investigation under act 22 of the 1994 penal code.
A written complaint was sent to the IGP, DID Western Provincial, SSP Gampha, the HQI Negombo and the Sri Lanka Human Rights Comission on 28 December, and the latter started its first inquiry on 5 March 2010 (HRC/4987/09/I-25). However the authorities have not launched any investigation into the assault, and the perpetrating police officer remains at his post.
SUGGESTED ACTION:
Please write to the authorities below reminding them of the deep rooted and frequently-used police violence in Sri Lanka, and of their obligations to address each case with a criminal investigation, and clear steps towards reform.
To support this case, please click here: SEND APPEAL LETTER
SAMPLE LETTER
Dear __________,
SRI LANKA: An inspector assaults a fisheries union leader
Name of victim: Naidappulage Aruna Roshantha Fernando, 39
Name of alleged perpetrators: Inspector Priyadarshana, Criminal Investigations Department, Negombo Police, Negombo Division, Western Province (North) Range.
Date of incident: 21 November 2009
Place of incident: Negombo Police Station
I am writing to voice my deep concern regarding a report that a criminal investigator restrained and struck a fisheries union leader in Negombo Police Station.
Mr. Fernando is a fisherman and the president of the All Ceylon Fisheries People Trade Union and Pitipana, the United Fisheries Union. He reportedly helped with the monitoring and removal of illegal fishing nets in the area on 18 November 2009: a project with the Negombo district fisheries officers, under the observation of navy officers. However I understand that when a man who owned some of the nets filed a theft complaint against him, he was arrested.
After being taken for questioning on 21 November, and speaking to an Inspector Priyadarshana from the criminal department, Mr. Fernando reports that the policeman held his shirt collar and struck him hard across the face. This was witnessed by other officers, including Headquarters Inspector Liyanage. The victim was then placed in a police cell after having a brief statement taken on the issue of the nets.
The next day Roshantha was taken to the Negombo Basic Hospital, where he was seen by a Judicial Medical Officer and a magistrate, and warded for further monitoring. He spent more than three days in hospital, in remand (case No. B/3171/09) before being granted bail (Rs 3000 cash and Rs 100,000 personal bail), due to injuries from the assault; he was discharged on 26 November.
As I’m sure you are aware, police assault is classified as torture under Sri Lankan and international law and perpetrators must be dealt with accordingly: with a criminal investigation under act 22 of the 1994 penal code.
Please note that though a written complaint was sent to the IGP, DID Western Provincial, SSP Gampha, the HQI Negombo and the Sri Lanka Human Rights Commission on 28 December, the authorities have not launched any investigation into the assault, and the perpetrating police officer remains at his post. I understand that the HRC began an inquiry on 5 March 2010 (HRC/4987/09/I-25). A much stronger clearer message is required. Torture in Sri Lanka remains common and will continue to be so while it is so inadequately and quietly addressed.
Yours sincerely,
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PLEASE SEND YOUR LETTERS TO:
Mr. Mahinda Balasuriya
Inspector General of Police (IGP),
New Secretariat,
Colombo 1,
SRI LANKA
Fax: +94 11 2 440440
Email: igp@police.lk
Mr. Mohan Peiris
Attorney General
Attorney General’s Department,
Colombo 12,
SRI LANKA
Fax: +94 11 2 436421
Secretary,
National Police Commission,
3rd Floor Rotunda Towers,
109 Galle Road,
Colombo 03,
SRI LANKA
Tel/Fax: +94 11 2 395960
Email: polcom@sltnet.lk
Secretary,
Human Rights Commission of Sri Lanka,
No 108 Barnes Place,
Colombo 07
SRI LANKA
Tel: +94 11 2 694 925 / 673 806
Fax: +94 11 2 694 924 / 696 470
Email: sechrc@sltnet.lk
Senior Superintendent of Police (SSP)
Office of the Senior Superintendant of Police
Negombo
SRI LANKA
Fax: +94 31 2224342
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Thank you.
Urgent Appeals Programme
Asian Human Rights Commission (ua@ahrchk.org)
