SRI LANKA: Complainant of human rights violation case is illegally arrested and severely tortured at the SP’s office of Negombo 

Dear friends,

The Asian Human Rights Commission (AHRC) has received information that Mr. Dilshan Suran Janz (27) was severely tortured by police officers of the Negombo police because he refused to withdraw an earlier complaint of police brutality. He has been threatened with a fabricated charge of the possession of illegal substances if he continues to refuse to comply. Dilshan’s mother was also severely abused during the attack.

This is a typical case of the police, particularly those from the Negombo district taking matters into their own hands to protect their own. This case is yet another illustration of the exceptional collapse of the rule of law in the country.

CASE NARRATIVE:

Mr. Dilshan Suran Janz (27), of No: 35, St. Sebastian Mawatha, Katuwapitiya, Negombo in the Gampaha District is a bachelor and a three wheeler diver. He lives with his parents and younger brother in his parent’s house.

On 14 July 2012 at 2 am while he was sleeping at home suddenly five persons illegally trespassed into his house by breaking the window of the rear side of the house. Then these five people approached the place where Dilshan was sleeping and started to beat him with. Dilshan was able to identify that the persons attacking him were police officers and they did so without asking his identity or informing of the reason for their assault.

At that time Dilshan’s parents, younger brother also were sleeping together with him. While police officers were beating Dilshan his mother, Ms. Kumarasinghe Hettiarachchige Greta Esmi (58), got up and inquired the officers for the reason for beating her son and pleaded the officers not to assault him. But the officers shouted at her with obscene language and chase her away. Then again one officer came to her and dragged the bed sheet which she wore around her body; they twister her neck causing her enormous pain. Then the other officer dragged her away by her hair. Ms. Greta was able to identify two police officers as police officers, Sugath and Perera as the two officers attached to the office of the Superintendents of Police (SP), Negombo as those who severely tortured Dilshan.

Then police officers brought Dilshan and went away. Then after 15 minutes again police officers came back to the house. Then they requested Rs. 3500.00 from the mother of Dilshan. She had no such an amount and she asked her other son for the money. Then he opened his wallet and gave Rs. 4000/= to the police officers. Ms. Greta and her son thought that the police officers were going to release Dilshan after paying the money. But police officers then again brought Dilshan and went away.

In the morning at 6.30am Dilshan’s mother and father went to the Superintendent’s of Police Negombo. Then they were able to see that Dilshan was detained inside the police cell. But they were not allowed to speak to him. Police officers were there around the cell. Then again at 10.30 the father of Dilshan went to the SP’s office and the he was able to talk to Dilshan. Then he observed that Dilshan was in severe pain after suffering severe torture. Further with difficulty Dilshan told his father that after he was brought to the SP’s office Negombo, he was severely beaten by the police officers and hung by his wrists.

After detention at the SP’s office from 2 am of 14 July to 9.30 am to 16 July Dilshan was released by the police officers. Before he was released from the police custody he was warned that the police officers were going to file a fabricated charge of the possession of Cannabis or Heroin. Dilshan states that police never took any such product out of his possession and this would be an illegal prosecution and the police officers are continuing with that as he is complainant of fundamental rights violations case against the same police officers.

Dilshan states that on 30 May 2012 at 9am when he was staying at ‘Duro Pipe Workshop’ in the village, after parking his three wheeler suddenly two police officers came by a motor bike and started to beat all the people waiting there. Then Dilshan pleaded with the officers not to beat him but when he understood that he cannot prevent the agony he ran away to avoid the torture.

When he came back to the three wheeler, after the police officers left the place he found that his National Indentity Card (NID), Driving License (DL) and Revenue License of the three wheeler have been taken by the police officers. Then on he filed a complaint to the Human Rights Commission of Sri Lanka (HRCSL) on the basis that his fundamental rights guaranteed by the constitution have been violated by police officers. He further made complaints to the National Police Commission (NPC), Attorney General (AG), Inspector General of Police (IGP), Deputy Inspector General of Police (DIG) Western Province North, Superintendent of Police (SP) Negombo, and Assistant Superintendent of Police (ASP) Negombo, regarding the same violations requesting them to investigate and prosecute the perpetrators.

Then several weeks later Dilshan was requested to be appear before the ASP Negombo and when he reported the officers in the office recorded a statement also regarding the incident. Several days later person who identified himself as a police officer came to his home and requested to withdraw the cases he filed against the police officers. When Dilshan refused to follow the request that person left the place angrily.

Dilshan, states that on 14 July he was illegally arrested and severely tortured by the police as a revenge taking for his attempt to get the justice from the HRC and NPC and other state agencies against police officers. Dilshan further states that his life is presently in danger and further he thinks that the police officers would file further fabricated chargers against him and would take revenge from him in the future. Dilshan request prompt, effective, independent and impartial investigation in to his violation of his rights and seeks justice.

ADITIONAL 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 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 Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment on this regard.

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