SRI LANKA: Negambo police continuously harass a victim after torture and inhuman treatment

Dear friends,

The Asian Human Rights Commission (AHRC) has received information that Mr. Amarasinghege Priyantha Samanthilake was severely tortured by police officer P.C 51752 Jayasiri who is attached to the Negambo Police Station.

On 27 April 2013, at about 9.30 am, Samanthilake was returning home after taking his daughter to her tuition class. Police Constable (PC) Jayasiri and two other unknown people in civilian dress arrived on two motorbikes. Without any explanation they beat him brutally and damaged his motorbike before leaving. Samanthilake went to the Negambo Police Station and made a complaint under the number of CIB I 269/ 554. Following his complaint PC Jayasiri threatened him saying that Samanthilake had done something and warned him to be careful or he would face bigger problems. This case is yet another illustration of the exceptional collapse of the rule of law in the country.

CASE NARRATIVE:

Mr. Amarasinghage Priyantha Samanthilake (42) of No: 60/3, Pallansena North, Kochikade in Gampaha District is a government clerk by profession. He is married and the father of two children.

Samanthilake was severely tortured by police officer P.C 51752 Jayasiri who is attaching to the Negambo Police Station on 27 April 2013, at about 9.30 am. PC Jayasiri is attached to the team of the police officers who provide security to the Western Provincial Council Minister Nimal Lansa. According to Samanthilake there is an extramarital relationship in between PC Jayasiri and one of his neighbours as he had witnessed Jayasiri entering a nearby house on several occasions.

One day in August of 2012 a women who introduced herself as PC Jayasiri’s wife called Samanthilaka and asked about PC Jayasiri and his illicit relationship. Samanthilaka replied that he knew anything about such a relationship but she called on several occasions asking the same question.

Finally Samanthilake went to meet PC Jayasiri in his minister’s office at Wella Veediya. But at that time he was not in the office and so he got his Jayasiri’s mobile number, called him and informed about him about the telephone calls from his wife. He also asked Jayasiri to do something about the calls and that if he did not then Samanthilake would have to take some action himself. Jayasiri told him, “My wife is mad” and should not to be taken seriously. But Samanthilake told him that if the calls continued he would complaint to the police.

In the afternoon of the same date, 6 September, 2012, he met the neighbor involved and she made a call to PC Jayasiri and begged him not to make trouble for Samanthilake as they had no any other conection other than being neighbours. Then PC Jayasiri used obscene language and also made threats against Samanthilake. Sometime later as Samanthilake was going to meet one of his friend PC Jayasiri arrived with two of his friends, placed his gun against Samanthilake’s head and told him, “Be silent if not I will kill you”.

Samanthilaka went to the office of the Inspector General of Police (IGP) and lodged a complaint under number of CIB/i/264/22 against Jayasiri on 10 September 2012. He was informed to go and meet the Assistant Superintend of Police (ASP) on 18 of September 2012. He went to the ASP’s office and a statement was taken from him. He was also asked about witnesses as well. He requested that a proper inquiry be conducted but apparently none was carried out. On 10 December 2012 he received a letter from the ASP’s office that informing him that they had conducted an inquiry into the incident but as there was no any evidence to support his claims they could not taken any further action against Jayasiri. Samanthilake felt frustrated after receiving that letter from the ASP’s office and he was helpless.

On 27 April 2013, at about 9.30 am, Samanthilake was returning home after taking his daughter to her tuition class. Police Constable (PC) Jayasiri and two other unknown people in civilian dress arrived on two motorbikes. Without any explanation they beat him brutally and damaged his motorbike before leaving. Samanthilake went to the Negambo Police Station and made a complaint under the number of CIB I 269/ 554. Following his complaint PC Jayasiri threatened him saying that Samanthilake had done something and warned him to be careful or he would face bigger problems.

Following his complaint police officers went to see the place and took a statement from the eye witnesses as well. However, the Headquarters Inspector (HQI) of Negambo Police Station withdrew his complaint and sent it to the media board without Samanthilake’s permission. On the same day of the assault Samanthilake was admitted to the Negambo Hospital. To-date his he is still unwell and continues to suffer from the damage to his teeth and left shoulder.

Samanthilaka has made written complaints to the Sri Lanka Human Rights Commission (HRC), Inspector General of Police (IGP), Deputy Inspector General (DIG) Western Province, Senior Superintendent of Police (SSP) Negambo, Headquarters Inspector (HQI) Negambo, the National Police Commission (NPC), Attorney General (AG) but until now has not received any information about the initiation of a credible, impartial and independent investigation into his rights violations. Samanthilaka appeals for justice.

SUGGESTED ACTION:
Please send a letter to the authorities listed below expressing your concern about this case and requesting an immediate investigation into the allegations of torturing by the police perpetrator, 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 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