SRI LANKA: Kandy police are threatening a torture victim to leave the area

ASIAN HUMAN RIGHTS COMMISSION - URGENT APPEALS PROGRAMME

Urgent Appeal Case: UA-344-2007
ISSUES: Threats and intimidation, Torture,

Dear Friends,

The Asian Human Rights Commission (AHRC) has received information that Kandy police have been threatening a man to leave the area when he returned to Kandy in 2007 since last September. The man was a torture victim and released from the prison due to lots of intervention in 2000. After his return to Kandy from Jaffna, it is reported that the police again tried to accuse him of terrorism and questioning him and his family either in work place or house without any evidence. It is alleged that the police are constantly threatening him to leave the area with his children.

CASE DETAILS: (Based on the testimony from Edward Michael)

The Criminal Investigation Division (CID) of Kandy branch arrested Edward Michael as a terrorist suspect on 21 May 1998 and kept him in Thalathuoya police custody until the police produced him before the Magistrate on 9 October 1998. While he was kept in, he was allegedly tortured and the AHRC issued an Urgent Appeal (UA 17/00) on 24 March 2000. Due to lost of interventions, he was finally released from the prison on 2 May 2000 (RE: UA 17/00).

The family of Edward Michael had stayed in Heerassagala Kandy until 2005 and shifted to Jaffna. However the situation of Jaffna has become deteriorating, they returned to Kandy in 2007. They lived in a rented house in Heerassagala Kandy for 7 months. With the help of their relatives they bought a house in Tankiya watte, Kandy on 26 July 2007 and Edward Michael started working at Mallika studio.

According to the information received, when his family was at Heerassagala, the Kandy police officers had threatened his family and now, they are threatening almost everyday at his work place which is located opposite to the Kandy police station. The police accused him and his family of being terrorists without any evidence.

On September 1, a Kandy police called him and his wife and asked them to give all details of the family members including their passports. From then onwards the police constable regularly visited their house. At around 12 noon on November 24, a CID officer and a police officer visited his house and questioned why they bought the house and why he was employed there and again called them to the police station on November 25.

When Edward and his wife went on the following day, the police officers were not present. When Edward went to the police station again the same evening, the police officers threatened him of arrest and again took details of the family. Once again, the police asked him to bring his case file regarding his arrest on 1998 and bank details on November 26 to the Kandy police. Edward went to Kandy police on the next day, November 27 and showed the case file and the bank book. However the police officers have threatened and asked his family to leave Kandy. Due to continuing threat, Edward left the job but he could not find another job so he started working again from December 6 at the same place where he used to work.

According to Edward, he recognized one police officer, Sergeant Weerasinghe, and those police are from intelligence unit from Kandy police.

Edward Michael has six children. Five of them are at home and two children are still studying. He fears of his arrest at any time and another torture as Edward had earlier experienced. His family cannot either go to Jaffna or live in Kandy.

SUGGESTED ACTION:
Please write letters to the relevant government authorities below and investigate the police’s threats to Michael Edward. The AHRC writes a separate letter to the UN Special Rapporteur on the Question of torture in order to call for his intervention in this case.

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

SAMPLE LETTER

Dear __________,

SRI LANKA: Kandy police are threatening a torture victim to leave the area

Name of victim: Michael Edward, working at Mallika studio located opposite to the Kandy police station, residence of 15/13 Tankiya Watte, Pushpadana Road, Kandy
Name of alleged perpetrators: Sergeant Weerasinghe from Intelligence Unit and some other police officers from Kandy Police, Kandy District I, Kandy Division, Central Range (West)
Date of receiving threat: Since September 2007
Place of incident: in the victim’s work place and his residence

I am writing to voice my concern about the police threat against Mr. Michael Edward since last September 2007.

Michael Edward recently came from Jaffna to Kandy in 2007 because the situation of Jaffna has become deteriorating since the last few years. His family lived in a rented house in Heerassagala, Kandy for 7 months and bought a house in Tankiya watte, Kandy on 26 July 2007 with the help of their relatives.

According to the information received, when his family was temporarily staying in Heerassagala, some Kandy police officers used to visit his residence and accused Edward of terrorism without any evidence. On September 1, a Kandy police called him and his wife and asked them to give all details of the family members including their passports. From then onwards the police constable regularly visited their house. At around 12 noon on November 24, a Criminal Investigation Division (CID) officer and a police officer visited his house and questioned why they bought the house and why he was employed there and again called them to the police station on November 25.

When Edward and his wife went on the following day, the police officers were not present. When Edward went to the police station again the same evening, the police officers threatened him of arrest and again took details of the family. Once again, the police asked him to bring his case file regarding his arrest in 1998 and bank details on November 26 to the Kandy police. Edward went to Kandy police the next day, November 27 and showed the case file and the bank book. However the police officers have threatened and asked his family to leave Kandy. Due to the continuing threat, Edward left the job but he could not find another job so he started working again from December 6 at the same place where he used to work.

I have been informed that the CID of Kandy branch arrested Edward Michael as a terrorist suspect on 21 May 1998 and kept him in Thalathuoya police custody until the police produced him before the Magistrate on 9 October 1998 where he was allegedly tortured. I have been also informed that Edward was released on 2 may 2000 after his torture was known to the public.

Edward Michael has six children. Five of them are at home and two children are still studying. He fears of his arrest at any time without any evidence and another torture as Edward had earlier experienced. His family cannot either go to Jaffna or live in Kandy.

In light of the above, I urge you to investigate the police’s threat to Edward Michael of leaving the area where his family is staying. I also urge you to stop threats against him without any evidence. I finally urge you to ensure Edward keep continuing his work to earn a living and his children get education without any further interference from the police.

I trust that you will take immediate action in this serious matter.

Yours sincerely,

—————-

PLEASE SEND YOUR LETTERS TO:

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

2. Mr. C.R. De Silva 
Attorney General 
Attorney General’s Department 
Colombo 12 
SRI LANKA 
Fax: +94 11 2 436421
E-mail: attorney@sri.lanka.net

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

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@ahrchk.org)

Document Type : Urgent Appeal Case
Document ID : UA-344-2007
Countries : Sri Lanka,
Issues : Threats and intimidation, Torture,