SRI LANKA: CCD arrests, detains and tortures a man at the behest of a wealthy businessman

ASIAN HUMAN RIGHTS COMMISSION - URGENT APPEALS PROGRAMME

Urgent Appeal Case: AHRC-UAC-140-2016
ISSUES: Administration of justice, Arbitrary arrest & detention, Corruption, Impunity, Police negligence, Threats and intimidation, Torture,

Dear friends,

Mr. Dissanayaka Mudiyanselage Sarath Dissanayaka of Piliyandala, Colombo District was illegally arrested, detained and tortured by police officers attached to the Colombo Crime Division on 5 May 2016. His son also was arrested and tortured by the same team of police. While he was tortured at the CCD office, he was accused of misappropriation of a cheque worth Rs.10 million belonging to his employer. Sarath denied the accusation. He was released on police bail the next day. He then made a written complaint to the Human Rights Commission of Sri Lanka, who have yet to initiate any independent investigation into his case. The victim is waiting for justice.

CASE NARRATIVE:

According to the information recieved, Mr. Dissanayaka Mudiyanselage Sarath Dissanayaka of Piliyandala, in Colombo District is a married father of two children. Sarath is employed as a driver for a wealthy businessman.

On 5 May 2016 while Sarath was at home along with his family members, several men forcibly entered his home at around 10:30 p.m. They called for Sarath and questioned his family members. After Sarath identified himself, he asked the men why they were entering his home without any notice or warrant. Then they told him that they are from the police officers attached to the Colombo Crime Division (CCD). The officers were in civilian clothes, wearing T-shirts and shorts. Then the officers started to assault Sarath and his son. They were beaten with kicks and fists before the other family members. Sarath pleaded with the officers to stop beating them, and particularly tried to protect his son. He repeatedly asked the officers for the reason for torturing them. The officers replied that they would be told the reason after being brought to the CCD office in Dematagoda.

Sarath and his son both were then taken to the CCD head office in Dematagoda within an hour. He was again tortured by the officers. While he was tortured he repeatedly pleaded with the officers not to assault him. He continuously told the officers of his innocence and questioned the reason for his arrest and torture. Finally the officers accused him of misappropriating the money of a cheque that was given to him, worth 10 million, by his employers. While he was tortured, he observed that his employer was sitting on a chair inside the police station and watching the police officers torturing him. He vehemently denied the accusation.

The next day Sarath’s daughter came to the CCD office and visited both her father and brother in the cell. They explained how they were tortured, and she witnessed the result of the torture.

Later in the evening, both of them were released by the police officers. Before their release, Sarath’s daughter was asked to sign some documents, which the police officers explained as Police Bail Bonds for both arrestees.

On the next day, Sarath came to the Human Rights Commission of Sri Lanka (HRCSL) and made a complaint to the office on violations of his fundamental rights by the police officers. He stated that he and his son were both illegally arrested, detained and tortured by the officers. He further stated that the police simply arrested them to fulfill the whims and fancies of a wealthy businessman. Even after they were arrested, neither Sarath nor his son were given any valid reason for arrest or shown any arrest warrant issued by any competent court. Further even after arrest or at the time of torture at the police station they were not shown any written complaint made by anyone against them. Following these reasons, Sarath states that the arrests and torture was illegal and malicious, and completely against the procedure established by the law.

SUGGESTED ACTION:

Please write to the authorities listed below expressing your concern about this case and requesting an immediate investigation into the allegations of illegal arrest, detention, torture by the police officers, and the prosecution of those proven to be responsible under the criminal law of the country. The officers involved must also be subjected to internal investigations for the breach of the orders issued by the Police Department.

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

SAMPLE LETTER

Dear ________,

SRI LANKA:  CCD arrests, detains and tortures a man at the behest of a wealthy businessman

Name of Victim: Dissanayaka Mudiyanselage Sarath Dissanayaka of Piliyandala, in Colombo D1istrict
Alleged perpetrators: Officers attached to the Colombo Crime Division 
Date of incident: 5 May 2016
Place of incident: Piliyandala Police Division

According to the information I have received Mr. According to the information recieved, Mr. Dissanayaka Mudiyanselage Sarath Dissanayaka of Piliyandala, in Colombo District is a married father of two children. Sarath is employed as a driver for a wealthy businessman.

On 5 May 2016 while Sarath was at home along with his family members, several men forcibly entered his home at around 10:30 p.m. They called for Sarath and questioned his family members. After Sarath identified himself, he asked the men why they were entering his home without any notice or warrant. Then they told him that they are from the police officers attached to the Colombo Crime Division (CCD). The officers were in civilian clothes, wearing T-shirts and shorts. Then the officers started to assault Sarath and his son. They were beaten with kicks and fists before the other family members. Sarath pleaded with the officers to stop beating them, and particularly tried to protect his son. He repeatedly asked the officers for the reason for torturing them. The officers replied that they would be told the reason after being brought to the CCD office in Dematagoda.

Sarath and his son both were then taken to the CCD head office in Dematagoda within an hour. He was again tortured by the officers. While he was tortured he repeatedly pleaded with the officers not to assault him. He continuously told the officers of his innocence and questioned the reason for his arrest and torture. Finally the officers accused him of misappropriating the money of a cheque that was given to him, worth 10 million, by his employers. While he was tortured, he observed that his employer was sitting on a chair inside the police station and watching the police officers torturing him. He vehemently denied the accusation.

The next day Sarath’s daughter came to the CCD office and visited both her father and brother in the cell. They explained how they were tortured, and she witnessed the result of the torture.

Later in the evening, both of them were released by the police officers. Before their release, Sarath’s daughter was asked to sign some documents, which the police officers explained as Police Bail Bonds for both arrestees.

On the next day, Sarath came to the Human Rights Commission of Sri Lanka (HRCSL) and made a complaint to the office on violations of his fundamental rights by the police officers. He stated that he and his son were both illegally arrested, detained and tortured by the officers. He further stated that the police simply arrested them to fulfill the whims and fancies of a wealthy businessman. Even after they were arrested, neither Sarath nor his son were given any valid reason for arrest or shown any arrest warrant issued by any competent court. Further even after arrest or at the time of torture at the police station they were not shown any written complaint made by anyone against them. Following these reasons, Sarath states that the arrests and torture was illegal and malicious, and completely against the procedure established by the law.

I request the intervention of your good offices to ensure that the authorities listed below instigate an immediate investigation into the allegations of illegal arrest, detention, torture by the officers of Sri Lanka Police Department. The officers involved must also be subjected to internal investigations for the breach of the orders of the Police Department.

Yours sincerely,

——————— 
PLEASE SEND YOUR LETTERS TO:

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

2. Mr. Jayantha Jayasooriya PC 
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

Thank you.

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