SRI LANKA: A man suffers hearing loss after being tortured by the Ayagama police 

ASIAN HUMAN RIGHTS COMMISSION - URGENT APPEALS PROGRAMME

Urgent Appeal Case: UA-009-2006
ISSUES: Torture,

Dear friends,

The Asian Human Rights Commission (AHRC) writes to inform you about the torture of a man, M.H. Priyantha Minipura (25), by policemen attached to the Ayagama police post following his arrest for allegedly possessing prohibited liquor on 24 December 2005. The victim’s left ear sustained severe injuries, resulting in complete hearing loss after he was severely beaten by the policemen.

Although the victim lodged a formal complaint against the alleged perpetrators, identified as Sub Inspector (SI) Jayatissa and other policemen at the Ayagama police post before the Assistant Superintendent of the Police (ASP), the case has not shown any progress. Additionally, despite the victim having been interviewed and examined by the hospital police and Judicial Medical Officer (JMO) attached to the Ratnapura Government Hospital, no further action has been taken to prosecute the perpetrators.

Your immediate intervention is required to call upon the Inspector General of the Police (IGP) to take adequate action in this case. The IGP must order the Special Investigations Unit to commence an investigation. The policemen involved must be indicted if the allegations are found to be true for violation of the Convention against Torture Act of 1994. Once the investigation commences, the alleged perpetrators must be suspended from their duty and restrictions imposed on them.

Finally, please urge the concerned government agencies in Sri Lanka, in particular the National Human Rights Commission (NHRC) to provide reimbursement for the victim’s medical expenses, and to ensure that appropriate compensation is afforded to him. Any government intervention or assistance must ensure the victim’s full recovery.

Urgent Appeals Programme
Asian Human Rights Commission
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DETAILED INFORMATION:

Name of the victim: M.H. Priyantha Minipura (25), single and a farmer by occupation living in Ayagama
Alleged perpetrators: Sub Inspector (SI) Jayatissa and other policemen attached to the Ayagama police post
Date of incident:  24 December 2005

Case Details:

On 24 December 2005, at around 2:30pm Police Constable (PC) Upali Dissanayake, home guard Gunasekera and another policeman attached to the Ayagama police post arrested M.H. Priyantha Minipura with an open warrant. Minipura was kept with Gunasekera while the other police officers started searching for Kasippu, a type of liquor that is prohibited, around the village. At around 6:30pm, the policemen returned. They then took the victim to their police post.

Upon arrival at the police post, Sub Inspector (SI) Jayatissa, who was the officer in charge of the post, demanded Kasippu from Minipura. When the victim denied possessing Kasippu, SI Jayatissa hit him with a strong blow to his left ear. As a result, the victim’s left eardrum was damaged and he subsequently fell to the ground. Minipura was later handcuffed to a bed. Half an hour later his handcuffs were removed and the police started beating him with a cane. The police repeatedly hit him on his buttocks and back. Afterwards, he was again handcuffed to the same bed until the next morning. The police later removed his handcuffs but detained him at the police post the whole day.

On December 26, at about 10am Minipura was released on bail after he was taken to the Ratnapura Magistrate Court. The next day, he lodged a complaint against his torturers before the Assistant Superintendent of Police (ASP). He was given a letter and was advised to proceed to the Ayagama hospital for medical attention. Since the Ayagama hospital did not have proper equipment to treat ear ailments, Minipura was advised to seek treatment at the Ratnapura Government Hospital.

On December 28, Minipura went to the Ratnapura Government Hospital where he was treated and confined at the Ear Nose Throat (ENT) ward for five days. He was also seen by the Judicial Medical officer (JMO).  According to Dr. Kirihena, an ENT Surgeon at the Ratnapura Government Hospital, the victim suffered a severe earache and loss of hearing in the left ear as a result of the traumatic perforation of the ear due to assault.

After the finding was released, the victim reported the assault allegedly perpetrated by the police to the hospital police at the Ratnapura Government Hospital. After he was discharged from the hospital he was instructed to have a regular check up with the ENT clinic for further treatment.

SUGGESTED ACTION:

Please send letters to the relevant persons listed below and raise your concern regarding M.H. Priyantha Minipura’s case.

 

 

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

SAMPLE LETTER

Dear ________,

Re: SRI LANKA: A man suffers hearing loss after being tortured by the Ayagama police

Name of the victim: M.H. Priyantha Minipura (25), single and a farmer by occupation living in Ayagama 
Alleged perpetrators: Sub Inspector (SI) Jayatissa and other policemen attached to the Ayagama police post
Date of incident:  24 December 2005

I am writing to draw your attention to the case of M.H. Priyantha Minipura who was allegedly tortured by policemen attached to the Ayagama police post following his arrest on 24 December 2005. Minipura was arrested with an open warrant for allegedly possessing prohibited liquor. The police, however, failed to produce the liquor they accused him of having.

It is reported that Minipura was beaten by Sub Inspector (SI) Jayatissa on his left ear, which eventually resulted in the loss of his hearing and a severe ache to his ear. While being investigated in police custody, Minipura was handcuffed to a bed and repeatedly beaten. Additionally, he was held at the Ayagama police post for two days.

I am aware that even though Minipura lodged a complaint on December 27 against the alleged perpetrators before the Assistant Superintendent of the Police, the case has not shown any progress. Likewise, the Judicial Medical Officer (JMO) and the hospital police attached to the Ratnapura Government Hospital have taken no further action to prosecute the alleged perpetrators despite having recorded the victim’s statement.

I am deeply concerned by the government’s inadequate action, in particular the offices of the ASP and JMO regarding Minipura’s case. I strongly urge these concerned offices to immediately resolve Minipura’s complaint against his alleged perpetrators, and indict the alleged perpetrators for violation of the Convention against Torture (CAT) Act No 22 of 1994 if the allegations are found to be true. I am aware that no suspension or restriction has been imposed as yet on the policemen involved in this case.

Finally, the concerned government agencies must consider reimbursing Minipura’s medical expenses. Likewise, he must be afforded compensation and placed in an adequate rehabilitation programme.

I trust that you will take immediate action in this case.

Yours sincerely,


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PLEASE SEND LETTERS TO:

1. Mr. Chandra Fernando
Inspector General of Police (IGP) 
New Secretariat
Colombo 1
SRI LANKA 
Fax: +94 11 2 440440/327877

2. Mr. K. C. Kamalasabesan
Attorney General 
Attorney General's Department
Colombo 12
SRI LANKA 
Fax: +94 11 2 436 421

3. National Police Commission
3rd Floor, Rotunda Towers,
109 Galle Road
Colombo 03
SRI LANKA
Tel: +94 11 2 395310 
Fax: +94 11 2 395867
Fax HOME: +94 11 2 674148
E-mail: polcom@sltnet.lk

4. Dr. Radhika Coomaraswamy
Chairperson Human Rights Commission of Sri Lanka 
No. 36, Kynsey Road 
Colombo 8 
SRI LANKA 
Tel: +94 11 2 694925 / 673806 
Fax: +94 11 2 694924 / 696470 
E-mail: sechrc@sltnet.lk

5. Mr. J Thangawelu
DIG Legal
Police Headquarters
Colombo 1
SRI LANKA
Fax: 94 11 2381 394
Email: legaldiv@police.lk

6. Mr. Mahinda Rajapakse
President of Sri Lanka
Cambridge Place
Colombo 7
SRI LANKA
Fax: +94 11 2 682905 / 575454
E-mail: secpm@sltnet.lk or bradmanw@slt.lk

7. Prof. Manfred Nowak
Special Rapporteur on the Question of Torture
Attn: Mr. Safir Syed 
C/o OHCHR-UNOG
1211 Geneva 10
SWITZERLAND
Tel: +41 22 917 9230
Fax: +41 22 917 9016 (general)
E-mail: ssyed@ohchr.org

8. Ms Leila Zerrougui
Chairperson
Working Group on Arbitrary Detention
c/o Miguel de la Lama
OHCHR-UNOG 
1211 Geneva 10 
SWITZERLAND 
Fax: +41 22 917 9006 (ATTENTION: Working Group on Arbitrary Detention)
Email: mdelalama@ohchr.org

Thank you.

Urgent Appeals Programme
Asian Human Rights Commission

Document Type : Urgent Appeal Case
Document ID : UA-009-2006
Countries : Sri Lanka,
Issues : Torture,