SRI LANKA: A man is badly beaten by Saliyawewa police during an illegal arrest and is denied medical treatment

ASIAN HUMAN RIGHTS COMMISSION - URGENT APPEALS PROGRAMME

Urgent Appeal Case: AHRC-UAC-103-2010
ISSUES: Arbitrary arrest & detention, Corruption, Torture,

Dear friends, 

The Asian Human Rights Commission (AHRC) has learned of the illegal arrest, detention and assault of a man by police from Saliyawewa Police Station. The victim was badly beaten by police on his arrest, was transported between police stations by bicycle, and was denied sufficient medical treatment. The charges against him appear to have few grounds, and his assault was not reported to hospital police or the judicial medical officer at the local hospital. 

CASE NARRATIVE: 

According to the information that we have received, on 11 May 2010 around 10:00am two officers from Saliyawewa Police Station wearing civilian clothes arrived at Mr. Undiya Ralalage Premaratne’s house located at 1073 Nelabamma, Saliyawewa Junction. The officers arrived on a bicycle, which the victim recognized as belonging to another civilian resident in Neelabamma, called Pradeep. The officers asked Premaratne how many gold necklaces he owned, took the two that he had, and handcuffed him. After this an officer called Illangasinghe reportedly kicked him to the ground and kicked and beat him to the upper body and head for around ten minutes while the second policeman stood by. 

Premaratne reports he was taken to Giriulla Police Station between the two men on the bicycle. When they arrived at the station the victim alleges that he was put in a cell and cuffed by his ankle to a table, where he sat on the floor for two and half hours. 

It is reported that around 2:30pm Mr. Premaratne was taken to Saliyawewa Police Station, again by bicycle, and put in a cell. However he reports that his condition deteriorated due to the beating he had received. At around 10pm the police officers told him that they were taking him to Puttalam Hospital, but instead took him in a jeep to Police Post 9 on Anuradhapura Road, in Tuttalam, and then to a Government Dispensary on Post 17 in Aluthgama. There he was able to tell a doctor about his assault and show his injuries. However after a short meeting with police, the doctor returned and performed a number of simple coordination tests (to walk in a line and to touch his nose) which led the victim to believe that he was being tested for drunkenness. The doctor then filled in a Medico Legal form, which the victim did not see before he was returned to the cell at the Saliyawewa station. 

At around 2pm on 12 May we are told that Premaratne was taken before the magistrate in Puttalam and released on cash bail (Rs. 1,500) and surety bail (Rs. 50,000). He took himself to the Puttalam Government Hospital and was admitted for three days, to be treated for injuries relating to the assault. We are told that although Premaratne disclosed the assault to the doctors, they were reluctant to report the issue further. The hospital police were not summoned and he was not seen by a Judicial Medial Officer; however he reports that his signature was taken before he was discharged. 

The victim alleges that fabricated charges have been taken against him. It is imperitive that his assault and the flouting of procedure during his arrest be thoroughly investigated, along with the charges against him. 

SUGGESTED ACTION: 

Please send a letter to the authorities listed below expressing your concern about this case and calling for an investigation.

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SAMPLE LETTER

Dear ________, 

SRI LANKA: A man is badly beaten by officers during an illegal arrest and denied medical treatment 

Name of victim: 
Mr. Undiya Ralalge Premaratne, 58; farmer and resident at 1073 Nelabamma, Saliyawewa junction. 
Alleged perpetrators: 
Officer Illangasinghe and another policeman attached to Saliyawewa Police Station. 
Date of Incident: 11 May 2010 
Place of Incident: Giriulla Police Station and Saliyawewa Police Station. 

I am writing to express my concern about the illegal arrest, detention and assault of a man by police from Saliyawewa Police Station. The victim was badly beaten by police on his arrest, was transported between police stations by bicycle, and was denied sufficient medical treatment. The charges against him appear to have few grounds, and his assault was not reported to hospital police or the judicial medical officer at the local hospital. 

According to the information that I have received, on 11 May 2010 around 10:00am two officers from Saliyawewa Police Station wearing civilian clothes arrived at Mr. Undiya Ralalage Premaratne’s house located at 1073 Nelabamma, Saliyawewa Junction. The officers arrived on a bicycle, which the victim recognized as belonging to another civilian resident in Neelabamma, called Pradeep. The officers asked Premaratne how many gold necklaces he owned, took the two that he had, and handcuffed him. After this an officer called Illangasinghe reportedly kicked him to the ground and kicked and beat him to the upper body and head for around ten minutes while the second policeman stood by. 

Premaratne reports he was taken to Giriulla Police Station between the two men on the bicycle. When they arrived at the station the victim alleges that he was put in a cell and cuffed by his ankle to a table, where he sat on the floor for two and half hours. It is reported that around 2:30pm Mr. Premaratne was taken to Saliyawewa Police Station, again by bicycle, and put in a cell. However he reports that his condition deteriorated due to the beating he had received. At around 10pm the police officers told him that they were taking him to Puttalam Hospital, but instead took him in a jeep to Police Post 9 on Anuradhapura Road, in Tuttalam, and then to a Government Dispensary on Post 17 in Aluthgama. There he was able to tell a doctor about his assault and show his injuries. However after a short meeting with police, the doctor returned and performed a number of simple coordination tests (to walk in a line and to touch his nose) which led the victim to believe that he was being tested for drunkenness. The doctor then filled in a Medico Legal form, which the victim did not see before he was returned to the cell at the Saliyawewa station. 

At around 2pm on 12 May I am told that Premaratne was taken before the magistrate in Puttalam and released on cash bail (Rs. 1,500) and surety bail (Rs. 50,000). He took himself to the Puttalam Government Hospital and was admitted for three days, to be treated for injuries relating to the assault. I understand that lthough Premaratne disclosed the assault to the doctors, they were reluctant to report the issue further. The hospital police were not summoned and he was not seen by a Judicial Medial Officer; however he reports that his signature was taken before he was discharged. 

The victim alleges that fabricated charges have been taken against him. 

I urge that an immediate inquiry be initiated into the charges made against Mr. Premaratne, and that his allegations of police assault be thoroughly investigated, with disciplinary and legal action taken against the police officers proven to be responsible. 

Yours sincerely, 

PLEASE SEND YOUR LETTERS TO: 

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

2. Mr. Mohan Peiris 
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 
Human Rights Commission 
No. 36, Kynsey Road 
Colombo 8 
SRI LANKA 
Tel: +94 11 2 694 925 / 673 806 
Fax: +94 11 2 694 924 / 696 470 
E-mail: sechrc@sltnet.lk 
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Thank you. 

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

Document Type : Urgent Appeal Case
Document ID : AHRC-UAC-103-2010
Countries : Sri Lanka,
Issues : Arbitrary arrest & detention, Corruption, Torture,