SRI LANKA: Police strip and sexually torture man in custody to force confession

ASIAN HUMAN RIGHTS COMMISSION - URGENT APPEALS PROGRAMME

Urgent Appeal Case: AHRC-UAC-037-2010
ISSUES: Administration of justice, Arbitrary arrest & detention, Torture,

Dear friends, 

The Asian Human Rights Commission (AHRC) has received information about the arrest and torture of a young man by police in Matara to force a confession of robbery. The victim was held illegally for over 48 hours and allegedly stripped, beaten repeatedly and sexually molested. No statement was taken and due process appears to have been utterly discarded. When released on bail one police officer then secretly intimidated the victim into giving him his bicycle. 

CASE DETAILS: 

According to information from 20-year-old labourer, Mudugamuwa Manage Piyal, he was arrested on 2 August at 2pm by police and taken first to Deniyaya and then Morawaka Police Station. There had been an attempt by police to arrest Piyal’s brother and one of his uncles earlier in the day regarding a theft at a shop in Porupitiya, but they had escaped. 

From this point the victim alleges that a series of beatings took place over several days in a room at Morawaka station. The first incident involved officers kicking the victim until he screamed, and was heard by his mother who waited nearby. Piyal was later handcuffed to a bed and then whipped with his own belt at around 7:30pm by a drunk police officer. During an interrogation set up, the victim claims that he was stripped and beaten again by an officer, who also gripped and twisted his penis. The beatings continued over the 48 hours until he was released without bail on 4 August; he was told to report to the station every Sunday. 

Finally Piyal was confronted by officer Sunil Shantha as he left the station, who took his bicycle. The policeman suggested that Piyal’s brother had stolen a mountain bike and that he should give up his own to avoid the case being pursued. He was told not to mention it to anyone. 

Piyal has been treated at Haldola Government Ayurvedic Hospital for the beating he received in custody. However to date no case has been filed in response to his allegations of torture, despite a written complaint being sent to the Inspector General of Police, the Superintendent of Police Matara, the National Police Commission, Attorney General and the Sri Lanka Human Rights Commission. He continues to visit the police station each week, as instructed by the officers who tortured him. 

SUGGESTED ACTION: 

Please write to the authorities listed below, demanding due legal and disciplinary action to be taken against the police officers of Morawaka Police Station for torture under the CAT Act No. 22 of 1994. 

The AHRC has sent a letter to the UN special rapporteur on torture calling for intervention in this case.

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

SAMPLE LETTER

Dear __________, 

SRI LANKA: Police strip and sexually torture man in custody to force confession 

Name of victim: Mudugamuwa Manage Piyal 
Name of alleged perpetrators: Police Constable Sunil Shantha, and Officer Rupasinghe 
Date of incident: 2nd August to 4th August 
Place of incident: Morawaka Police Station, Matara District 

I am writing to voice my deep concern regarding the illegal detention and torture of 20-year-old labourer, Mudugamuwa Manage Piyal. 

Mr. Piyal was arrested on 2 August at around 2pm by three police officers and taken first to Deniyaya and then Morawaka police station. I understand that there had been an attempt by police to arrest Piyal’s brother and one of his uncles earlier in the day regarding a theft at a shop in Porupitiya, but they had escaped. 

From this point the victim alleges that a series of beatings took place over several days in a police barrack room at Morawaka station by police officers, among them an officer called Rupasinghe. The first incident involved officers kicking him until he screamed, which was heard by his mother who waited nearby. Mr. Piyal was later handcuffed to a bed and then whipped with his own belt at around 7:30pm by a drunken police officer. During an interrogation set up, the victim claims that he was stripped and beaten again by an officer, who also gripped and twisted his penis. The beatings continued over the 48 hours until he was released without bail on 4 August; he was told to report to the station every Sunday. 

Finally Piyal was confronted by officer Sunil Shantha as he left the station, who took his bicycle. The policeman suggested that his brother had stolen a mountain bike and that he should give up his own to avoid the case being pursued. He was told not to mention it to anyone. 

Piyal was treated at Haldola Government Ayurvedic Hospital. To date no case has been filed in response to his allegations of torture, despite a written complaint being sent to the Inspector General of Police, the Superintendent of Police Matara, the National Police Commission, Attorney General and the Sri Lanka Human Rights Commission. He continues to visit the police station each week, as instructed by the officers who tortured him. 

I am extremely concerned at the lack of attention being given to yet another case of police abuse and torture in Sri Lanka; a practice being reported so frequently that it appears to have become customary. The torture, the illegal 48 hour detention, the inebriation and sexual assault and the final theft must all be immediately investigated by an independent body and met with decisive legal action, rather than simply being ignored. Please consider this case emblematic of the many currently taking place in the country, and be sure to make use of the little enacted yet much-needed CAT Act No. 22 of 1994. Such brutal and institutionally embarrassing incidents shall only continue in Sri Lanka while those in power continue to reveal their disinterest in them. 

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 
Matara 
SRI LANKA 
Fax: +94 41 2222113 

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Thank you. 

Urgent Appeals Programme 
Asian Human Rights Commission (ua@ahrchk.org) 

Document Type : Urgent Appeal Case
Document ID : AHRC-UAC-037-2010
Countries : Sri Lanka,
Issues : Administration of justice, Arbitrary arrest & detention, Torture,