SRI LANKA: A man is arbitrarily arrested, illegally detained and brutally tortured by the Weligama Police

ASIAN HUMAN RIGHTS COMMISSION - URGENT APPEALS PROGRAMME

Urgent Appeal Case: AHRC-UAC-030-2014
ISSUES: Arbitrary arrest & detention, Impunity, Judicial system, Rule of law, Torture,

Dear friends,

The Asian Human Rights Commission (AHRC) has received information that Mr. A.H Ranjith was falsely accused by some neighbours of stealing a quantity of gold, arrested without warrant, illegally detained and brutally tortured by the Acting OIC of the Weligama Police Station. Complaints made to the Sri Lanka Human Rights Commission, the Inspector General of Police (IGP), and the ASP, Matara Police Station have gone unanswered and no credible investigation has commenced into the blatant violations of the victim’s human rights.

This case is yet another illustration of the exceptional collapse of the rule of law in the country.

CASE NARRATIVE:

Mrs. A.H. Dhanushika Dilrukshi of No: 16 Kumaradeniya Watta, Pollathumodara, Mirissa, Weligama is 30-years-of-age and the mother of two children. Dhanushika’s husband, A.H Ranjith, is a fisherman by profession. Mrs. Dhanushika reported to the AHRC that her husband was severely tortured by the Acting Officer in Charge (OIC) of the Weligama Police Station, Nishantha Gunawardena, and two other officers attached to the same police station.

On 20 January, 2014, at 9.00 am in the morning, Acting OIC Nishantha and the two police officers arrived at their house by three-wheeler in the company of another unknown person. Nishantha and the two police officers caught Mr. Ranjith and hand cuffed him to the branch of the tree which is in front of the house. Then they started shouted loudly and disturbed Mrs. Dhanushika’s father-in-law and her sisters who were in the house at that time. They entered the house through the rear door and conducted a search without showing any search warrant.

Then suddenly they were heard to shout that they had “found the gold” and that it was “hidden in a basket along with the children’s clothes”. They also started shouting at Mr. Ranjith in foul language. At that time he and the sisters explained in clear language that they knew nothing about any gold being concealed in the house. However, the police officers then started verbally abusing all of the family members and even resorted to physical violence.

They then forced Mr. Ranjith into their three-wheeler and placed their booted feet on his body. When Mrs. Dhanushika demanded an explanation they shouted at her that they had a warrant but did not show it, snatched her handbag and departed in the three-wheeler.

Mr. Ranjith was taken to the Weligama Police Station and locked in a cell; after some time he was taken to a back room where he was brutally tortured.

Mrs. Dhanushika and her family members went to the Weligama Police Station and met the OIC. They tried to get permission to see him several times but she was not allowed to visit Ranjith. However, they could clearly hear him screaming, “Please release me, please, don’t beat me, please don’t kill me”.

When Mrs. Dhanushika demanded to know the reason why she could not visit her husband she and her family were verbally abused and expelled from the police station. However, she stayed in close proximity, awaiting a chance to see her husband and after nearly two hours he was returned to the cell.

When she saw Mr. Ranjith she noticed that his face, nose, and eyes were swollen. There was also swelling over his lips and he had difficulty standing up. When Mrs. Dhanushika asked the OIC if she could bring him some food she was once again verbally abused and expelled from the station.

At 4 pm he was again taken to the back room where he was beaten. At that time also she heard him screaming, “Please release me, please, don’t beat me, please don’t kill me”.

When he didn’t reappear Mrs. Dhanushika went to a lawyer and told him the full story. The lawyer went to the police station at around 6.30 pm, met the acting OIC and asked about Ranjith. He was told that there was no such person in the station. On the morning of the following day they went to the Assistant Superintendent of Police’s (ASP) Office in Matara and made a complaint. That officer then made a phone call and questioned the acting OIC about the matter.

The torture that Mr. Ranjith endured was witnessed by one of the other prisoners who reported that the police officers beat him brutally and also forced his head into a chilly bag.

Mrs. Dhanushika was not able to talk with her husband for more than three days. She said that one of their neighbors was angry with them and made a complaint against Ranjith. She further learned that a jewelry shop owner who is also very close to this neighbour made a complaint against Ranjith. Mrs. Dhanushika states that this complaint was baseless and was made purely to take revenge on Ranjith as there was some conflict. He was produced before a Magistrate and remains in remand at the time of writing.

Mrs. Dhanushika has filed a complaint with the Sri Lanka Human Rights Commission, the Inspector General of Police (IGP), and the ASP, Matara Police Station. None of these authorities have initiated a credible and impartial investigation into the abuse and violation of his rights which he suffered at the hands of state agents. Mrs. Dhanushika and her husband Ranjith seek justice and the protection of his rights as enshrined in the Constitution of Sri Lanka.

SUGGESTED ACTION:

Please send a letter to the authorities expressing your concern about this case and requesting an immediate investigation into the allegations torturing a innocent man by the police officers and denying justice and independent inquiry by the police officers. Please request the authorities for prosecution of those proven to be responsible under the criminal law of the country for misusing powers of a state. The officers involved must also be subjected to internal investigations for the breach of the department orders as issued by the police department. Further, please also request the NPC and the IGP to have a special investigation into the malpractices of the police officers for abusing the state officers’ powers.

Please note that the AHRC has also written a separate letter to the Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment on this regard.

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

SAMPLE LETTER

Dear ________,

SRI LANKA: A man is arbitrarily arrested, illegally detained and brutally tortured by the Weligama Police

Name of the victim: A.H Ranjith of No 16, Mirissa, Pollathumodara, Kumaradeniyawtta, Weligama in Matara District
Alleged perpetrator: Police officers attached to the Weligama Police Station
Date of incident: 20 January 2014
Place of incident: Weligama Police Division

I am writing to express my serious concern over the case of Mr. A.H Ranjith, a fisherman by profession. His wife, Mrs. Dhanushika reported to the AHRC that her husband was severely tortured by the Acting Officer in Charge (OIC) of the Weligama Police Station, Nishantha Gunawardena and two other police officers attached to the same police station.

I have learned that on 20 January, 2014, at 9.00 am in the morning, Acting OIC Nishantha and the two police officers arrived at their house by three-wheeler in the company of another unknown person. Nishantha and other two police officers caught Mr. Ranjith and hand cuffed him to the branch of the tree which is in front of their house. Then they started shouted loudly and disturbed Mrs. Dhanushika’s father-in-law and her sisters who were in the house at that time. They entered the house through the rear door and conducted a search without showing any search warrant.

Then suddenly they were heard to shout that they had “found the gold” and that it was “hidden in a basket along with the children’s clothes”. They also started shouting at Mr. Ranjith in foul language. At that time he and the sisters explained in clear language that they knew nothing about any gold being concealed in the house. However, the police officers then started verbally abusing all of the family members and even resorted to physical violence.

They then forced Mr. Ranjith into their three-wheeler and placed their booted feet on his body. When Mrs. Dhanushika demanded an explanation they shouted at her that they had a warrant, snatched her handbag and departed in the three-wheeler.

Mr. Ranjith was taken to the Weligama Police Station and locked in a cell; after some time he was taken to a back room where he was brutally tortured.

Mrs. Dhanushika and her family members also went to the Weligama Police Station and met the OIC. They tried to get permission to see him several times but she was not allowed to visit Ranjith. However, they could clearly hear him screaming, “Please release me, please, don’t beat me, please don’t kill me”.

When Mrs. Dhanushika demanded to know the reason why she could not visit her husband she and her family were verbally abused and expelled from the police station. However, she stayed in close proximity awaiting a chance to see her husband and after nearly two hours he was returned to the cell.

When she saw Mr. Ranjith she noticed that his face, nose, and eyes were swollen. There was also swelling over his lips and he had difficulty standing up. When Mrs. Dhanushika asked the OIC if she could bring him some food she was once again verbally abused and expelled from the station.

At 4 pm he was again taken to the back room where he was beaten. At that time also she heard him screaming, “Please release me, please, don’t beat me, please don’t kill me”.

When he didn’t reappear Mrs. Dhanushika went to a lawyer and told him the full story. The lawyer went to the police station at around 6.30 pm, met the acting OIC and asked about Ranjith. He was told that there was no such person in the station. On the morning of the following day they went to the Assistant Superintendent of Police’s (ASP) Office in Matara and made a complaint. That officer then made a phone call and questioned the acting OIC about the matter.

The torture that Mr. Ranjith endured was witnessed by one of the other prisoners who reported that the police officers beat him brutally and also forced his head into a chilly bag.

Mrs. Dhanushika was not able to talk with her husband for more than three days. She said that one of their neighbors was angry with them and made a complaint against Ranjith. She futher learned that a jewelry shop owner who also very close to this neighbour also made a complaint against Ranjith. Mrs. Dhanushika states that this complaint was baseless and was made purely to revenge on Ranjith as there was some conflict. He was produced before a Magistrate and remains in remand at the time of writing.

It is appalling but not surprising that after Mrs. Dhanushika filed a complaint with the Sri Lanka Human Rights Commission, the Inspector General of Police (IGP), and the ASP, Matara Police Station none of these authorities initiated a credible and impartial investigation into the abuse and violation of his rights which he suffered at the hands of state agents. Mrs. Dhanushika and her husband Ranjith seek justice and the protection of his rights as enshrined in the Constitution of Sri Lanka.

I therefore request your urgent intervention to ensure that the authorities listed below instigate an immediate investigation into the allegations of torturing by the police officers and police preventing of getting justice. Further request for prosecute the responsible persons under the criminal law of the country for misusing powers of state officers. The officers involved must also be subjected to internal investigations for the breach of the department orders as issued by the department.

Yours sincerely,

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PLEASE SEND YOUR LETTERS TO:

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

2. Mr. Sarath Palitha Fernando
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 
Sri Lanka Human Rights Commission 
No: 165 Kynsey Road,
Borella, Colombo 8.
SRI LANKA
Fax: +94 11 2694924
Email: sechrc@sltnet.lk

 

Thank you.

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

Document Type : Urgent Appeal Case
Document ID : AHRC-UAC-030-2014
Countries : Sri Lanka,
Issues : Arbitrary arrest & detention, Impunity, Judicial system, Rule of law, Torture,