SRI LANKA: Arbitrary detention and ill-treatment by the police of a man suffering from mental illness 

ASIAN HUMAN RIGHTS COMMISSION - URGENT APPEALS PROGRAMME

Urgent Appeal Case: UA-373-2006
ISSUES:

Dear Friends,

The Asian Human Rights Commission (AHRC) has received information about the arbitrary and illegal detention of a man suffering from mental illness at the Wadduwa police station. His detention is thought to have been carried out because of a conversation he allegedly had that upset the Officer-In-Charge (OIC) of the police station. The victim, Nishantha Perera, was detained in one of the police station’s holding cells for over 9 hours, without being issued an official warrant of detention. The detention frightened the victim, reportedly causing him to become hysterical. As a result, the OIC allegedly stripped the victim naked and insulted him, before forcing him to run back home without any clothes on. His clothes and other belongings, including his wallet and National Identity card, are still being retained by the police.

At around 1:15pm on October 29, 2006, Nishantha Perera, a 29 year old man from Wadduwa, was having a conversation with the Officer-in-Charge (OIC) Lalith Obeysekera at Wadduwa police station in the south of Sri Lanka. When Nishantha Perera reportedly made a remark about the current Sri Lankan president, OIC Obeysekera became upset and ordered other police officers to detain Mr. Perera. There was no official warrant issued for Mr. Perera’s detention.

Mr. Perera has reportedly been suffering from mental illness and has been under medication for six years. The detention affected him psychologically; frightening him and causing him to become hysterical, as a result of which he repeatedly kicked the partition between the holding cell and the toilet area.

At around 10:30pm that evening, after 9 hours of detention, Mr. Perera was released from the cell but was stripped naked and insulted by OIC Lalith Obeysekera. Subsequently, Mr. Perera was forced to run back to his home naked by Obeysekera.

Mr. M. Jayawathi Perera, the victim’s father, was outraged by the illegal detention and inhuman and degrading treatment to which his son was subjected by the police, who reportedly knew of his psychological condition.

Mr. Perera has reportedly attempted to seek justice concerning the arbitrary detention and cruel and degrading treatment to which he was subjected, but his complaint has not been dealt with seriously; there has been no investigation into the case and his belongings have not been returned to him by the Wadduwa police.

The AHRC condemns the arbitrary detention and ill-treatment of Nishantha Perera, who suffers from mental illness. OIC Lalith Obeysekera, the senior officer who detained Mr. Perera without any legal basis, should immediately be investigated concerning his cruel and illegal actions.

SUGGESTED ACTION:
Please write a letter to the relevant Sri Lankan authorities to urge them to conduct a fair and impartial investigation into the case of illegal detention and ill-treatment by members of the Wadduwa police station.

 

 

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

SAMPLE LETTER

Dear ________,

Sri Lanka: Arbitrary detention and ill-treatment by the police of a man suffering from mental illness

Name of victim: Mr. K. Nishantha Perera, 29 years old, from Mastiya, Wadduwa, Sri Lanka
Alleged perpetrator: Officer-in-charge Lalith Obeysekera and other police officers from the Wadduwa Police 
Date of incident: 29 October, 2006
Place of incidence: Wadduwa Police station

I am writing to you to express my grave concern about the illegal and arbitrary detention of a man suffering from mental illness at the Wadduwa police station. His detention is thought to have been carried out because of a conversation he allegedly had that upset the Officer-In-Charge (OIC) of the police station. The victim, Nishantha Perera, was detained in one of the police station's holding cells for over 9 hours, without being issued an official warrant of detention. The detention frightened the victim, reportedly causing him to become hysterical. As a result, the OIC allegedly stripped the victim naked and insulted him, before forcing him to run back home without any clothes on. His clothes and other belongings, including his wallet and National Identity card, are still being retained by the police.

At around 1:15 pm on October 29, 2006, Nishantha Perera, a 29 year old man from Wadduwa, was having a conversation with the Officer-in-Charge (OIC) Lalith Obeysekera at Wadduwa police station in the south of Sri Lanka. When Nishantha Perera reportedly made a remark about the current Sri Lankan president, OIC Obeysekera became upset and ordered other police officers to detain Mr. Perera. There was no official warrant issued for Mr. Perera’s detention.

Mr. Perera has reportedly been suffering from mental illness and has been under medication for six years. The detention affected him psychologically; frightening him and causing him to become hysterical, as a result of which he repeatedly kicked the partition between the holding cell and the toilet area.

At around 10:30 pm that evening, after 9 hours of detention, Mr. Perera was released from the cell but was stripped naked and insulted by OIC Lalith Obeysekera. Subsequently, Mr. Perera was forced to run back to his home naked by Obeysekera.

Mr. M. Jayawathi Perera, the victim's father, was outraged by the illegal detention and inhuman and degrading treatment to which his son was subjected by the police, who reportedly knew of his psychological condition.

Mr. Perera has reportedly attempted to seek justice concerning the arbitrary detention and cruel and degrading treatment to which he was subjected, but his complaint has not been dealt with seriously; there has been no investigation into the case and his belongings have not been returned to him by the Wadduwa police.

I condemn the arbitrary detention and ill-treatment of Nishantha Perera, who suffers from mental illness. OIC Lalith Obeysekera, the senior officer who reportedly had Mr. Perera detained without any legal basis, should immediately be investigated concerning his cruel and illegal actions and reparation must be provided to the victim.


Yours sincerely,


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SEND YOUR LETTER TO:

1. 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
Email: secretary@presidentsoffice.lk

2. Mr. Ratnasiri Wickremanayake
Prime Minister 
Temple Trees
Galle Road, Colombo 03
SRI LANKA
Tel: +94 11 2 575317-8 or 370 737-8
Fax: +94 11 2 575454

3. Mr. Mahinda Rajapaksa
Minister 
Ministry of Defence, Public Security, Law and Order 
15/5, Baladaksha Mawatha,
Colombo 03,
Sri Lanka.
Tel: 94-11 2 430860-9, 430878-9 or 435879 (for the secretary)
Fax: 94 11 2 446300 or 421529
E-mail: secdef@sltnet.lk

4. Mr. Mahinda Samarasinghe, MP
Minister of Disaster Management and Human Rights
Ministry of Disaster Management and Human Rights
383,Bauddhaloka Mawatha 
Colombo 07
SRI LANKA
Tel: +94 11 2 390895, 384116

5. Mr. K. C. Kamalasabesan 
Attorney General 
Attorney General's Department 
Colombo 12 
SRI LANKA 
Fax: +94 11 2 436421
Email: attorney@sri.lanka.net

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

7. Secretary
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

Thank you. 
Urgent Appeals Programme 
Asian Human Rights Commission (ahrchk@ahrchk.org)

Document Type : Urgent Appeal Case
Document ID : UA-373-2006
Countries : Sri Lanka,