SRI LANKA: G Piyal Sanjeewa Perera – being beaten up and tortured at this moment at the Panadura Police Station

ASIAN HUMAN RIGHTS COMMISSION - URGENT APPEALS PROGRAMME

Urgent Appeal Case: AHRC-UAC-071-2014
ISSUES: Arbitrary arrest & detention, Impunity, Inhuman & degrading treatment, Police violence, Rule of law, Torture, Victims assistance & protection,

Dear friends,

The Asian Human Rights Commission (AHRC) has received information that Mr. G Piyal Sanjeewa Perera a  30 year old man and a  father of two children is being beaten up at the Pandura Police Station at this very  moment.  We are writing to urge you to act to intervene to stop the torture and either to have this person released or to have him produced before a Magistrate. 

CASE NARRATIVE:

Mr. G Piyal Sanjeewa Perera is a resident of Sarasi Patumaga, Dibbedda Road, Uturu Thalpitiya, Wadduwa, Sri Lanka.

Three Police Officers had arrived at his home at around 3 p.m. yesterday on the 11 May 2014. On the 12th May 2014 which is today, at around noon, he had been taken to an Upper Floor of the Pandura Police Station, to the Crimes’ Branch, and according to information we have received, he is being severely tortured even at this moment.

It appears that he has been arrested on suspicion for petty theft, which has taken place at a neighbor’s house. The theft is supposed to have taken place between 12 p.m. to 2 p.m. on the 9th of May 2014. At this particular time, he and his wife had been at the Kethumathie Women’s Hospital.

According to the family members, he has been arrested without any reason and due to the pressure of some powerful person/s in the area. 

The Asian Human Rights Commission has urged the Human Rights Commission of Sri Lanka;
1.    To immediately intervene and stop the torture of this person; 
2.    To have this person released or produced before a magistrate; and 
3.    To take appropriate actions to investigate this incident of torture by the Panadura Police. 

The Asian Human Rights Commission has observed that there are regular complaints regarding the Panadura police of routinely torturing persons.

We reiterate the fact that no authority has a right to torture any person for whatsoever reason and hope that the Human Rights Commission of Sri Lanka and the authorities concerned will take appropriate action with immediate effect.

Further, Mr. G Piyal Sanjeewa Perera’s wife, is also anxious that due to making of this complaint her husband may be implicated in some other offence which he has never engaged in since it is customary for the police to fabricate such accusations.

The Asian Human Rights Commission has observed that there are regular complaints regarding the Panadura police of routinely torturing persons. It is not necessary for us to remind that no authority has a right to torture any person for whatsoever reason. 

Please send a letter to the authorities listed below expressing your concern about this case and requesting an immediate investigation into the allegations of illegal arrest, illegal detention, torturing by the police perpetrators, and the 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 Chairman of the Asian Human Rights Commission and the Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment on this regard. 

ADDITIONAL COMMENTS: 

The Asian Human Rights Commission has reported innumerable cases of torturing innocent by the Sri Lankan police which are illegal under international and local law which have taken place at different Police Station in the country over the past few years. 

The State of Sri Lanka sign and ratified the CAT on 3 January 1994. Following state obligations Sri Lanka adopted Act number 22 of 1994 the law adopted by the Sri Lankan parliament making torture a crime that can be punishable for minimum seven years and not less than ten years on being proven guilty. The Attorney General of Sri Lanka is suppose to file indictments in the case where credible evidence were found on torturing people by state officers. 

SUGGESTED ACTION:
Please write to the governmental authorities of Sri Lanka so that they immediately take effective action for stopping the ongoing torture on Mr. G Piyal Sanjeewa Perera, who is under the custody of the Panadura police in Sri Lanka. Please also urge the Sri Lankan authorities to release Mr. Perera immediately. He must be afforded with adequate medical treatment for which the government should bear the expenses. The alleged perpetrators should be indentified in a credible investigation that should lead towards prosecution of the Act No. 22 of 1994.

Please note that the Asian Human Rights Commission has written a separate letter to the UN Special Rapporteur on Torture and Other Cruel, Inhuman or Degrading Punishment and Treatment requesting his urgent intervention in this case. 

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

SAMPLE LETTER

Dear ………………,

SRI LANKA: Save G Piyal Sanjeewa Perera from torture in Panadura Police Station

Name of victim: Mr. G Piyal Sanjeewa Perera
Alleged perpetrators: Panadura Police 
Date of incident: 11 May 2013
Place of incident: Pandura police station

I am writing to voice my deep concern regarding  Mr. G Piyal Sanjeewa Perera a  30 year old man and a  father of two children being beaten up at the Pandura Police Station.  We are writing to urge you to act to intervene to stop the torture and either to have this person released or to have him produced before a Magistrate. 

Mr. G Piyal Sanjeewa Perera is a resident of Sarasi Patumaga, Dibbedda Road, Uturu Thalpitiya, Wadduwa, Sri Lanka. Three Police Officers had arrived at his home at around 3 p.m. yesterday on the 11 May 2014. On the 12th May 2014 which is today, at around noon, he had been taken to an Upper Floor of the Pandura Police Station, to the Crimes’ Branch, and according to information we have received, he is being severely tortured even at this moment.

It appears that he has been arrested on suspicion for petty theft which, has taken place at a neighbor’s house. The theft is supposed to have taken place between 12 p.m. to 2 p.m. on the 9th of May 2014. At this particular time, he and his wife had been at the Kethumathie Women’s Hospital.

According to the family members, he has been arrested without any reason and due to the pressure of some powerful person/s in the area. 

Therefore we urge you;
1.    To immediately intervene and stop the torture of this person; 
2.    To have this person released or produced before a magistrate; and 
3.    To take appropriate actions to investigate this incident of torture by the Panadura Police. 
Further, Mr. G Piyal Sanjeewa Perera’s wife, is also anxious that due to making of this complaint her husband may be implicated in some other offence which he has never engaged in since it is customary for the police to fabricate such accusations. 

Yours sincerely,

—————-
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. Ms. Eva Wanasundara 
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. 108 
Barnes Place 
Colombo 07 
SRI LANKA 
Tel: +9411 2694925, +9411 2685980, +9411 2685981 
Fax: +9411 2694924 (General) +94112696470 (Chairman) 
E-mail: sechrc@sltnet.lk 

Thank you.

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