Dear friends,
The Asian Human Rights Commission (AHRC) has received information that Mr. Shanthigara Suresh Kumar, a teacher at the Trinity College of Kandy, was arbitrarily arrested and detained by the Kandy Police for 68 days. He was brutally tortured while in detention. The authorities have yet to take any action against the alleged perpetrators.
CASE DETAILS (based on the testimony of the victim and his wife Diana Priyadharshani):
On 11 March 2008, Shanthigara Suresh Kumar of 21 A, Kandy Road, Balagolla, a teacher at Trinity College Kandy was illegally arrested and detained. Mr. Shanthigara has complained of being severely tortured and implicated in fabricated charges.
Mr. Shanthigara was the master in charge of hockey for the primary school at Trinity College. He was requested to go to the Kandy Police Station on 11 March at around 2.30p.m. on the pretext that his help was needed to organise a hockey tournament. He visited the police station as requested and was arrested without being informed of the charges and placed in a police cell.
The same day two uniformed officers and three others in civilian clothes went to his house and removed his computer, laptop and some CDs. On same day he was questioned and subjected to severe torture. He was again interrogated on 30 March and in the morning of 31 March. He complains that he was stripped naked, hung from the ceiling and beaten by several police officers. He also complains of being kicked and being burned on the head with cigarettes. Chilly smoke was also blown into his face and he was also subjected to electric shocks. He was told to admit that his school principle at Trinity College was involved with terrorists, which he refused to do. He was repeatedly asked to commit suicide. Police Inspectors Mr. Nishantha, Mr. Yatawara and Mr. Karunarathne, Police sergeant Mr. Nihal and police constables Mr. Ratnapala and Mr. Jalielm were allegedly responsible for torture.
Mr. Shanthigara was produced before a magistrate on March 31 and ordered to be remanded at Bogambara prison. He was granted bail on 18 July, after 68 days of his detention, and asked to sign in at the Kandy Police Station every Sunday.
After suffering the torture Mr. Shanthigara states that he has developed asthma and suffers from headaches. There are marks of torture all over his body and he is being constantly threatened not to take any action against the police. The police have filed fabricated charges of providing information to terrorists and training terrorists.
Mr. Shanthigaras wife was a teacher at Ashoka Vidyalaya and her job has been terminated on the grounds of keeping undesirable associations.
ADDITIONAL COMMENTS:
The allegations of torture, illegal arrest and detention and constant threats for not making complaints need to be investigated and redress needs to be provided for this alleged victim of torture.
Torture and fabrication of charges are common occurrences in Sri Lanka. The persons who are more vulnerable for this treatment are Tamils who are suspected even before there are any real grounds for suspicion. Despite of the long detention at the police station and severe torture the police could not find any evidence against Shanthigara Suresh Kumar but even then he is not being left in peace. The fabricated charges may well be for the purpose of intimidating him and his family from pursuing complaints for a baseless arrest and against torture.
SUGGESTED ACTION:
Please write to the relevant authorities listed below and request them to investigate this case and take immediate action against the alleged perpetrators.
Please be informed that the AHRC has also written separate letter to the UN Special Rapporteur on the Question of Torture calling for an intervention in this case.
To support this case, please click here: SEND APPEAL LETTER
SAMPLE LETTER
Dear __________,
SRI LANKA: Kandy police illegally detained and tortured a school teacher
Name of victims:
1. Mr. Shanthigara Suresh Kumar, aged 29, teacher at Trinity College Kandy
2. Diana Priyadharshani, a teacher at Ashoka Vidyalaya Kandy and wife
Both are residents of 21 A, Kandy Road, Balagolla
Name of alleged perpetrators:
1. Mr. Nishantha, Inspector of Police
2. Mr. Yatawara, Inspector of Police
3. Mr. Karunarathne, Inspector of Police
4. Mr. Nihal, Police Sergeant
5. Mr. Ratnapala, police constable
6. Mr. Jalielm police constable
All are attached to Kandy police station
Date of incident: 11 March 2008
Place of incident: Kandy police station
I am writing to voice my serious concern over the incident of arbitrary arrest, detention and torture of Mr. Shanthigara Suresh Kumar at the Kandy police station for 68 days and fabricating charges against the man.
According to the information I have received, Shanthigara Suresh Kumar, the master in charge of hockey for the primary school at Trinity College, asked by the Kandy police to visit the police station on the pretext that his help was needed to organise a hockey tournament. On 11 March 2008, when Shanthigara went to the police station, the officers arrested him without any explanation and detained in the custody.
On the same day two uniformed officers and three others in civilian clothes went to Shanthigara’s house and seized his computer, laptop and some CDs. On same day he was questioned and subjected to severe torture. While in detention he was again interrogated on 30 March and in the morning of 31 March. The police allegedly stripped naked, hung from the ceiling and beaten Shanthigara. The police kicked him and burned on the head with cigarettes. Chilly smoke was also blown into his face and he was also subjected to electric shocks. The police insisted him to admit that his school principle at Trinity College was involved with terrorists, which he refused to do. He was repeatedly asked to commit suicide.
Mr. Shanthigara was produced before a magistrate on March 31 and ordered to be remanded at Bogambara prison.
I have learned that Shanthigara was granted bail on July 18 and asked to sign in at the Kandy Police Station every Sunday.
After suffering the torture Mr. Shanthigara states that he has developed asthma and suffers from headaches. There are marks of torture all over his body and he is being constantly threatened not to take any action against the police. The police have filed fabricated charges of providing information to terrorists and training terrorists. I am aware that there are a large number of signs of torture all over the body of Mr. Shanthigara till date.
I have been informed that Mr. Shanthigaras wife Ms. Diana Priyadharshani was a teacher at Ashoka Vidyalaya and her job has been terminated on the grounds of keeping undesirable associations. It is not understandable how the concerned authorities of Sri Lanka justifies the termination of Ms. Diana even though her husband was arbitrarily arrested, detained and tortured in the police custody with fabricated charges.
In light of the above, I urge you to launch an investigation immediately regarding the arbitrary arrest, detention and torture of Mr. Shanthigara under the Kandy police custody and the fabrication of charge against him. The alleged perpetrators must be brought before the judicial process, if they are found guilty in the investigation. The victim of torture must be provided adequate medical treatment for his injuries and compensation for the loss he suffered as a result of police torture.
The case of termination of Ms. Diana’s job from the Ashoka Vidyalaya on the alleged grounds of “keeping undesirable association” should also be investigated immediately. If the allegation is proved untrue, she must be returned to her previous position with due benefits and honour in the profession.
I am seriously concerned about the continuous indifferent role of the Sri Lankan authorities to stop the recurrence of systematic torture in the law-enforcing agencies’ custodies and the culture of fabrication of charges against various professionals without any reasonable grounds. The authorities have their obligations under the domestic and international laws to protect the citizens’ right to liberty and security with complete prohibition of torture.
I hope that you will take this issue in serious consideration to facilitate justice to the victims.
Yours sincerely,
—————-
PLEASE SEND YOUR LETTERS TO:
1. Mr. Neville Piyadigama
Chairperson
National Police Commission
3rd Floor, Rotunda Towers,
109 Galle Road
Colombo 03
SRI LANKA
Fax: +94 11 2 395867
Tel: +94 11 2 395310
E-mail: npcgen@sltnet.lk
2. Mr. Jayantha Wickremaratne
Inspector General of Police
New Secretariat
Colombo 1
SRI LANKA
Fax: +94 11 2 440440/327877
E-mail: igp@police.lk
3. Mr. C.R. De Silva
Attorney General
Attorney General’s Department
Colombo 12
SRI LANKA
Fax: +94 11 2 436421
E-mail: ag@attorneygeneral.gov.lk
4. Secretary
Human Rights Commission
No. 36, Kynsey Road
Colombo 8
SRI LANKA
Fax: +94 11 2 694 924 / 696 470
Tel: +94 11 2 694 925 / 673 806
E-mail: sechrc@sltnet.lk
5. Mr. Mahinda Rajapakse
President
Socialist Democratic Republic of Sri Lanka
C/- Office of the President
Temple Trees
150, Galle Road
Colombo 3
SRI LANKA
Fax: +94 11 2472100 / +94 11 2446657
E-mail: secretary@presidentsoffice.lk
6. Mr. Ratnasiri Wickremanayake
Prime Minister
Temple Trees
Galle Road, Colombo 03
SRI LANKA
Fax: +94 11 2 575454
Tel: +94 11 2 575317-8 or 370 737-8
Thank you.
Urgent Appeals Programme
Asian Human Rights Commission (ua@ahrchk.org)
