SRI LANKA: A young man brutally tortured by the Veyangoda police after his illegal arrest
October 7, 2004
URGENT ACTION URGENT ACTION URGENT ACTION URGENT ACTION URGENT ACTION
ASIAN HUMAN RIGHTS COMMISSION - URGENT APPEALS PROGRAM
8 October 2004
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UA-133-2004: SRI LANKA: A young man brutally tortured by the Veyangoda police after his illegal arrest
SRI LANKA: Illegal arrest and detention; Torture
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Dear friends,
The Asian Human Rights Commission (AHRC) is gravely concerned by a case regarding the severe torture of Mr. Horathelpedige Vijitha Dammika Nimalasiri (25) by the Veyangoda police on 5 September 2004. The victim was illegally arrested by the Veyangoda police in the early morning and brutally tortured by five police officers including the Sub inspector, Wijewardene.
The AHRC also notice with grave concern that the Veyangoda police committed several irregularities during the process of arrest. The victim was not informed of the reason for his arrest, nor shown the warrant of arrest. In particular, the police allegedly attempted to hide their identification by giving wrong information to the victim's family stating that they were from the Gampaha police station.
Please write a letter to the government of Sri Lanka demanding a proper inquiry into this matter, and prosecute the responsible officers. Please also request the government of Sri Lanka to take genuine action to stop torture in police stations without delay.
Urgent Appeals Desk
Asian Human Rights Commission (AHRC)
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DETAILED INFORMATION:
Name of the victim: Mr. Horathelpedige Vijitha Dammika Nimalasiri, 25 years old, a three-wheeler driver, married with no children
Address of the victim: No. 29, Korasawatte Udugampola, in Gampaha District in the Western Province
Alleged perpetrators: 1) Sub inspector, Wijewardene of the Veyangoda Police Station, 2) The police officer who drove the vehicle at the time of the arrest of the victim, 3) 3 other police officers attached to the Veyangoda Police Station (All of them can be identified by the victim.)
Date of arbitrary arrest and torture: 5 September 2004
Account of the incident:
Mr. Horathelpedige Vijitha Dammika Nimalasiri (the name mentioned as Dhammika hereafter) is a three-wheeler driver, which is rented from its owner.
At about 2:00am on 5 September 2004, Dhammika and his father woke up when someone shouted outside and knocked on the house door. When Dhammika's father opened the door, he saw five persons standing outside. The father noticed that they were police officers because one person was wearing a police uniform, though the others were in civilian clothes. They told the father that they were from the Gampaha Police Station and asked whether there was a three-wheeler driver in the house. When the father replied that his son was, the police entered Dhammika's room and requested he go with them to the police station. Dhammika asked the reason for his arrest, but they simply told him that he would be informed at the police station. The five officers did not produce any arrest warrant or their identity cards at the time of the arrest.
The police then took Dhammika to a police vehicle, which was parked some distance from the house, instead in front of the house. When they approached the vehicle, the policemen began to assault Dhammika with their hands. They beat him at random on his chest, stomach and backside. In the vehicle, the police continuously assaulted Dhammika with rifle butts and trampled him. Dhammika still did not know why he was being beaten and or taken to the police station.
When the vehicle stopped at Naiwela junction for a while, the officer in the front seat ordered the other officers in the back seat to attack Dhammika again. While he was brutally beaten, the police asked, "Did you carry any stolen goods in your three-wheeler?" Surprised, Dhammika denied the allegation and said that he did know anything about it, but the police told him that they brought his three-wheeler to the police station.
When they arrived at the police station, Dhammika realized that he had been brought to the Veyangoda Police Station instead of the Gampaha Police Station, despite the policemen stating that they were at his house. The police parked the vehicle at the rear of the building and took Dhammika to a dark room. In the room, there were four police officers. They ordered Dhammika to take off all his clothes. They then ordered him to lie on a wooden box, face downwards and raise his legs. All the four officers then began to hit Dhammika's soles with poles for about 15 minutes. After that, Dhammika was turned over, his face now facing upwards, at which point the police began to hit his soles, knees and sexual organs. He then was turned face down, and forced to inhale from a polythene bag containing petrol which was tied to his neck. He could not tolerate the pain and shouted in agony. This process continued three times in total. During this time, he fell unconscious.
When he came to at about 6:00am, he saw that the polythene bag had been removed from his neck. The police forced Dhammika to dress himself. He put on his trousers while seated, as he could not stand on his feet due to the pain. Before putting on his shirt, he shook his shirt to remove the dust. When he did this, the dust went to an office nearby. This officer became very angry and began to trample Dhammika, torturing him relentlessly. This time the one who tortured him was the driver of the police vehicle. Here too, he became unconscious again. When he regained his consciousness, he put on the shirt with great difficulty, due to the pain he had incurred by the constant battering he had received.
The police then ordered Dhammika to stand, but he could not do it and fell down. Behind the police station, four or five officers went across a barb-wired fence, and Dhammika too was asked to follow them. As he could not do so due to the weakness he felt after so much of repeated battering, the police had no option but to carry him to a vehicle parked outside. When he was being taken, Dhammika saw that his brothers were at the entrance of the police station. He was evidently being carried away to avoid any contact with his brothers.
When he was taken in the police vehicle, the police told Dhammika to tell his home people that he was brought to the police station only now. The vehicle took a detour and entered the police station from the main gate. Sub Inspector (S.I.), Wijewardene, informed Dhammika's home people that he was brought only now, and not a single blow was given to him. He was put in the lock-up and at around 10:00am and the police released him after recording a statement. After being released, Dhammika informed his family that he was tortured from the moment he had been arrested.
According to Dhammika, the persons responsible for the torture are S.I. Wijewardene, and four other police officers, including the driver of the vehicle. Dhammika was hospitalized at the Gampaha Hospital on September 10. The incident was reported in news papers and Dhammika's father has sent letters to the Human Rights Commission of Sri Lanka, and the Chief Justice with copies to the President.
SUGGESTED ACTION:
Please send a letter, fax or an email to the addresses below and express your concern about this serious case.
Sample letter:
---------------
Dear __________,
Re: SRI LANKA: A young man brutally tortured by the Veyangoda police after his illegal arrest
Name of the victim: Mr. Horathelpedige Vijitha Dammika Nimalasiri, 25 years old, a three-wheeler driver, married with no children
Address of the victim: No. 29, Korasawatte Udugampola, in Gampaha District in the Western Province
Alleged perpetrators: 1) Sub inspector, Wijewardene of the Veyangoda Police Station, 2) The police officer who drove the vehicle at the time of the arrest of the victim, 3) 3 other police officers attached to the Veyangoda Police Station (All of them can be identified by the victim.)
Date of arbitrary arrest and torture: 5 September 2004
I am writing to protest against the brutal torture of the young man named above. This case is yet another addition to the cruel practice of illegal arrest and torture that is being allowed to go on in police stations in Sri Lanka.
I also would like to draw your attention on the complete irregularities committed by the Veyangoda police regarding the procedure carried out whilst arresting the victim. At the time of the arrest, the Veyangoda police did not wear their uniforms (with exception to one officer), inform the victim of the reason for his arrest, nor show a warrant of arrest. The police also attempted to hide their identification by giving wrong information to the victim's family stating that they were from the Gampaha police station. Moreover, the police used unnecessary violence, in the form of torture, at the time of arrest and thereafter.
I strongly urge you to investigate this case and arrest and prosecute the responsible officers under the Torture (CAT) Act of Sri Lanka (Act No. 22 of 1994). I also request you to ensure that the victim receive medical assistance for his injuries caused by the torture. I further call for you to discipline the police so that they desist from illegal arrest, and from torture. For this purpose, I suggest the government of Sri Lanka to instruct the police to fully observe the Code of Criminal Procedure Act, No. 15 of 1979 that strictly specifies the procedure of arrest by the police. The government of Sri Lanka must take genuine steps to stop torture without delay.
Yours faithfully,
--------------------
Send a letter to:
1. Mr. Mahindra Rajapakse
Prime Minister
Cambridge Place
Colombo 7
SRI LANKA
Fax: +94 11 2 682905 / 575454
E-mail: secpm@sltnet.lk or bradmanw@slt.lk
2. Mr. K. C. Kamalasabesan
Attorney General
Attorney General's Department
Colombo 12
SRI LANKA
Fax: +94 11 2 436 421
Email: attorney@sri.lanka.net or counsel@sri.lanka.net
3. Mr. Chandra Fernando
Inspector General of Police (IGP)
New Secretariat
Colombo 1
SRI LANKA
Fax: +94 11 2 440440/426711/327877
4. Mr. Ranjith Abeysuriya PC
Chairperson
National Police Commission
69-1 Ward Place, Colombo 7
SRI LANKA
Fax: +94 11 2 669 528
Fax HOME: +94 11 2 674148
E-mail: polcom@sltnet.lk
5. Dr. Radhika Coomaraswamy
Chairperson
Human Rights Commission of Sri Lanka
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
6. Mr. Theo C. van Boven
Special Rapporteur on the Question of Torture
OHCHR-UNOG
8-14 Avenue de la Paix
1211 Geneva 10
SWITZERLAND
Fax: +41 22 917 9016
Thank you.
Urgent Appeals Programme
Asian Human Rights Commission (AHRC)
ASIAN HUMAN RIGHTS COMMISSION - URGENT APPEALS PROGRAM
8 October 2004
---------------------------------------------------------------------
UA-133-2004: SRI LANKA: A young man brutally tortured by the Veyangoda police after his illegal arrest
SRI LANKA: Illegal arrest and detention; Torture
---------------------------------------------------------------------
Dear friends,
The Asian Human Rights Commission (AHRC) is gravely concerned by a case regarding the severe torture of Mr. Horathelpedige Vijitha Dammika Nimalasiri (25) by the Veyangoda police on 5 September 2004. The victim was illegally arrested by the Veyangoda police in the early morning and brutally tortured by five police officers including the Sub inspector, Wijewardene.
The AHRC also notice with grave concern that the Veyangoda police committed several irregularities during the process of arrest. The victim was not informed of the reason for his arrest, nor shown the warrant of arrest. In particular, the police allegedly attempted to hide their identification by giving wrong information to the victim's family stating that they were from the Gampaha police station.
Please write a letter to the government of Sri Lanka demanding a proper inquiry into this matter, and prosecute the responsible officers. Please also request the government of Sri Lanka to take genuine action to stop torture in police stations without delay.
Urgent Appeals Desk
Asian Human Rights Commission (AHRC)
------------------------------------------------------
DETAILED INFORMATION:
Name of the victim: Mr. Horathelpedige Vijitha Dammika Nimalasiri, 25 years old, a three-wheeler driver, married with no children
Address of the victim: No. 29, Korasawatte Udugampola, in Gampaha District in the Western Province
Alleged perpetrators: 1) Sub inspector, Wijewardene of the Veyangoda Police Station, 2) The police officer who drove the vehicle at the time of the arrest of the victim, 3) 3 other police officers attached to the Veyangoda Police Station (All of them can be identified by the victim.)
Date of arbitrary arrest and torture: 5 September 2004
Account of the incident:
Mr. Horathelpedige Vijitha Dammika Nimalasiri (the name mentioned as Dhammika hereafter) is a three-wheeler driver, which is rented from its owner.
At about 2:00am on 5 September 2004, Dhammika and his father woke up when someone shouted outside and knocked on the house door. When Dhammika's father opened the door, he saw five persons standing outside. The father noticed that they were police officers because one person was wearing a police uniform, though the others were in civilian clothes. They told the father that they were from the Gampaha Police Station and asked whether there was a three-wheeler driver in the house. When the father replied that his son was, the police entered Dhammika's room and requested he go with them to the police station. Dhammika asked the reason for his arrest, but they simply told him that he would be informed at the police station. The five officers did not produce any arrest warrant or their identity cards at the time of the arrest.
The police then took Dhammika to a police vehicle, which was parked some distance from the house, instead in front of the house. When they approached the vehicle, the policemen began to assault Dhammika with their hands. They beat him at random on his chest, stomach and backside. In the vehicle, the police continuously assaulted Dhammika with rifle butts and trampled him. Dhammika still did not know why he was being beaten and or taken to the police station.
When the vehicle stopped at Naiwela junction for a while, the officer in the front seat ordered the other officers in the back seat to attack Dhammika again. While he was brutally beaten, the police asked, "Did you carry any stolen goods in your three-wheeler?" Surprised, Dhammika denied the allegation and said that he did know anything about it, but the police told him that they brought his three-wheeler to the police station.
When they arrived at the police station, Dhammika realized that he had been brought to the Veyangoda Police Station instead of the Gampaha Police Station, despite the policemen stating that they were at his house. The police parked the vehicle at the rear of the building and took Dhammika to a dark room. In the room, there were four police officers. They ordered Dhammika to take off all his clothes. They then ordered him to lie on a wooden box, face downwards and raise his legs. All the four officers then began to hit Dhammika's soles with poles for about 15 minutes. After that, Dhammika was turned over, his face now facing upwards, at which point the police began to hit his soles, knees and sexual organs. He then was turned face down, and forced to inhale from a polythene bag containing petrol which was tied to his neck. He could not tolerate the pain and shouted in agony. This process continued three times in total. During this time, he fell unconscious.
When he came to at about 6:00am, he saw that the polythene bag had been removed from his neck. The police forced Dhammika to dress himself. He put on his trousers while seated, as he could not stand on his feet due to the pain. Before putting on his shirt, he shook his shirt to remove the dust. When he did this, the dust went to an office nearby. This officer became very angry and began to trample Dhammika, torturing him relentlessly. This time the one who tortured him was the driver of the police vehicle. Here too, he became unconscious again. When he regained his consciousness, he put on the shirt with great difficulty, due to the pain he had incurred by the constant battering he had received.
The police then ordered Dhammika to stand, but he could not do it and fell down. Behind the police station, four or five officers went across a barb-wired fence, and Dhammika too was asked to follow them. As he could not do so due to the weakness he felt after so much of repeated battering, the police had no option but to carry him to a vehicle parked outside. When he was being taken, Dhammika saw that his brothers were at the entrance of the police station. He was evidently being carried away to avoid any contact with his brothers.
When he was taken in the police vehicle, the police told Dhammika to tell his home people that he was brought to the police station only now. The vehicle took a detour and entered the police station from the main gate. Sub Inspector (S.I.), Wijewardene, informed Dhammika's home people that he was brought only now, and not a single blow was given to him. He was put in the lock-up and at around 10:00am and the police released him after recording a statement. After being released, Dhammika informed his family that he was tortured from the moment he had been arrested.
According to Dhammika, the persons responsible for the torture are S.I. Wijewardene, and four other police officers, including the driver of the vehicle. Dhammika was hospitalized at the Gampaha Hospital on September 10. The incident was reported in news papers and Dhammika's father has sent letters to the Human Rights Commission of Sri Lanka, and the Chief Justice with copies to the President.
SUGGESTED ACTION:
Please send a letter, fax or an email to the addresses below and express your concern about this serious case.
Sample letter:
---------------
Dear __________,
Re: SRI LANKA: A young man brutally tortured by the Veyangoda police after his illegal arrest
Name of the victim: Mr. Horathelpedige Vijitha Dammika Nimalasiri, 25 years old, a three-wheeler driver, married with no children
Address of the victim: No. 29, Korasawatte Udugampola, in Gampaha District in the Western Province
Alleged perpetrators: 1) Sub inspector, Wijewardene of the Veyangoda Police Station, 2) The police officer who drove the vehicle at the time of the arrest of the victim, 3) 3 other police officers attached to the Veyangoda Police Station (All of them can be identified by the victim.)
Date of arbitrary arrest and torture: 5 September 2004
I am writing to protest against the brutal torture of the young man named above. This case is yet another addition to the cruel practice of illegal arrest and torture that is being allowed to go on in police stations in Sri Lanka.
I also would like to draw your attention on the complete irregularities committed by the Veyangoda police regarding the procedure carried out whilst arresting the victim. At the time of the arrest, the Veyangoda police did not wear their uniforms (with exception to one officer), inform the victim of the reason for his arrest, nor show a warrant of arrest. The police also attempted to hide their identification by giving wrong information to the victim's family stating that they were from the Gampaha police station. Moreover, the police used unnecessary violence, in the form of torture, at the time of arrest and thereafter.
I strongly urge you to investigate this case and arrest and prosecute the responsible officers under the Torture (CAT) Act of Sri Lanka (Act No. 22 of 1994). I also request you to ensure that the victim receive medical assistance for his injuries caused by the torture. I further call for you to discipline the police so that they desist from illegal arrest, and from torture. For this purpose, I suggest the government of Sri Lanka to instruct the police to fully observe the Code of Criminal Procedure Act, No. 15 of 1979 that strictly specifies the procedure of arrest by the police. The government of Sri Lanka must take genuine steps to stop torture without delay.
Yours faithfully,
--------------------
Send a letter to:
1. Mr. Mahindra Rajapakse
Prime Minister
Cambridge Place
Colombo 7
SRI LANKA
Fax: +94 11 2 682905 / 575454
E-mail: secpm@sltnet.lk or bradmanw@slt.lk
2. Mr. K. C. Kamalasabesan
Attorney General
Attorney General's Department
Colombo 12
SRI LANKA
Fax: +94 11 2 436 421
Email: attorney@sri.lanka.net or counsel@sri.lanka.net
3. Mr. Chandra Fernando
Inspector General of Police (IGP)
New Secretariat
Colombo 1
SRI LANKA
Fax: +94 11 2 440440/426711/327877
4. Mr. Ranjith Abeysuriya PC
Chairperson
National Police Commission
69-1 Ward Place, Colombo 7
SRI LANKA
Fax: +94 11 2 669 528
Fax HOME: +94 11 2 674148
E-mail: polcom@sltnet.lk
5. Dr. Radhika Coomaraswamy
Chairperson
Human Rights Commission of Sri Lanka
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
6. Mr. Theo C. van Boven
Special Rapporteur on the Question of Torture
OHCHR-UNOG
8-14 Avenue de la Paix
1211 Geneva 10
SWITZERLAND
Fax: +41 22 917 9016
Thank you.
Urgent Appeals Programme
Asian Human Rights Commission (AHRC)
