Dear friends
The Asian Human Rights Commission (AHRC) is gravely concerned that torture victim Kurundukarage Eranjana Sampath was arrested on fabricated charges by the Officer In Charge (OIC) of the Thebuwana Police on 22 May 2004, after he refused to withdraw his complaint against the OIC.
According to the information I have received, the victim was arrested by the Thebuwana police on suspicion of theft on 2 January 2004. At the police station, the victim was severely assaulted by the OIC on 5 January 2004. After he was released on bail on 6 January 2004, the victim filed a fundamental rights application in the Supreme Court against his torture by the Thebuwana Police (SC/FR/80/2004 dated 2nd February 2004). The OIC threatened the victim several times to withdraw his complaint, saying that he would take Eranjana into custody and charge him with fabricated allegations in court, if he did not do so. On 22 May 2004, Eranjana was arrested on false charges and remanded until 1 June 2004. AHRC is concerned that the victim would be subjected to further torture or harassment to force him to withdraw the complaint filed in the Supreme Court against the perpetrator.
This is another clear example of the difficulties victims have to face to obtain justice in Sri Lanka. The Sri Lankan police officers responsible for torture are allowed to hold their positions with impunity and they have frequently used their power to threaten the victims and cover up the cases. Your urgent action is required to pressure the local authorities to correct this matter immediately.
Urgent Appeals Desk
Asian Human Rights Commission (AHRC)
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DETAILED INFORMATION:
Name of the victim: Kurundukarage Eranjana Sampath, 28, married, a businessman, Rannagala, Neboda
Alleged perpetrator: Officer In Charge (O.I.C.) of the Thebuwana Police Station, Thebuwana
Case details:
There was a theft at a rubber estate and the estate owner wanted to implicate Kurundukarage Eranjana Sampath in this incident. To satisfy the estate owner, the Officer in Charge (O.I.C.) of the Thebuwana Police arrested Eranjana at around 9:00 am on 2 January 2004. Eranjana was taken to the Thebuwana Police Station and was kept in the cell from 2 January to 3 January 2004.
At around 10:00 am on 5 January 2004, Eranjana was taken to the room of the OIC. He saw that the estate owner was also present in the room. The OIC first slapped him and then severely assaulted him with a wooden pole, which was 2 1/2ft long and 2 1/2 inches thick. The OIC hit hard on Eranjana’s soles, elbows, knees, fingers and toes.
At that time, Eranjana’s mother came to the police station to see her son. When she saw Eranjana was being beaten by the OIC, she pleaded with him to stop beating her son. However, the angry OIC gave the pole to her and forced her to beat her son.
The Thebuwana Police produced Eranjana before the Mathugama magistrate 4 days after his arrest on 6th January 2004 (According to Sri Lankan law, the police must produce the person within 48 hours before the magistrate.) and Eranjana was released on bail on that day.
After being released, he was admitted to the Nagoda hospital and was discharged on 9 January 2004. Eranjana made a written complaint to the Senior Superintendent of Police (SSP), Kalutara and also sent copies to the Inspector General of Police, National Human Rights Commission (NHRC) and National Police Commission (NPC). Later, Eranjana filed a fundamental rights application in the Supreme Court against the torture committed by the Thebuwana Police (SC/FR/80/2004 dated 2nd February 2004).
After this case was filed, the OIC of the Thebuwana Police Station pressured Eranjana through the local “goondas” [henchmen who do all sorts of odd jobs for the policemen] and politicians to withdraw the complaint against him and said that if Eranjana did not withdraw the complaint, he would face trouble. When Eranjana consistently refused to withdraw the case, the OIC further threatened him saying that he would take him into custody and charge him with fabricated allegations in court.
On 22 May 2004, the Mathugama police arrested Eranjana and handed him over to the Thebuwana police. The reason given by the police for the arrest of Eranjana was that he had stolen a kitchen sink. When Eranjana was produced before the Mathugama magistrate on 24 May 2004, the OIC of Thebuwana Police protested against releasing Eranjana on bail and because of this, the magistrate ordered the victim to be remanded until 1 June 2004. It is very feared that the victim will be subjected to further torture or harassment to force him to withdraw the complaint filed in the Supreme Court against the perpetrator.
AHRC is gravely concerned with this case and urges the government of Sri Lanka to take legal and disciplinary actions against the OIC of the Thebuwana Police for committing torture and fabricating charges against the victim. The victim should be released immediately and provided protection and compensation.
SUGGESTED ACTION:
Send a letter to the addresses below and express your concern about this case. Please ask for a thorough and independent investigation in this case and the prosecution of the OIC of the Thebuwana Police as soon as possible. Also ask them to release the victim immediately and provide compensation.
1. Ms. Chandrika Bandaranaike Kumaratunga
President
Democratic Socialist Republic of Sri Lanka
Presidential Secretariat
Colombo-1, Sri Lanka
Fax: +94 11 2 333 703
2. Hon. 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. Ranjith Abeysuriya PC
Chairman National Police Commission
69-1 Ward Place, Colombo 7
SRI LANKA
Fax: +94 11 2 669 128 / 691 926
Fax HOME: +94 11 2 674148
E-mail: polcom@sltnet.lk
4. Inspector General of Police (IGP)
New Secretariat
Colombo 1,
SRI LANKA
Fax: +94 11 2 381394/ 446174
5. Dr. Radhika Coomaraswamy
Chairperson
National 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
7. Mr. Leandro Despouy
Special Rapporteur on the Independence of judges and lawyers
OHCHR-UNOG, Palais Wilson,
Rue des Paquis 52, Geneva
SWITZERLAND
Tel: +41 22 9175727
Fax: +41 22 9179006
To support this case, please click here: SEND APPEAL LETTER
SAMPLE LETTER
Dear
Re: SRI LANKA: A torture victim remanded on false charges for his refusal to withdraw a complaint against the police
Name of the victim: Kurundukarage Eranjana Sampath, 28, married, a businessman, Rannagala, Neboda
Alleged perpetrator: Officer In Charge (O.I.C.) of the Thebuwana Police Station, Thebuwana
I am shocked to learn that the victim, who was severely tortured by the OIC of the Thebuwana Police, then was charged with a false allegation fabricated by the OIC of the same officer, for the victim having filed a complaint against him.
According to the information I have received, the victim was arrested by the Thebuwana police on suspicion of theft on 2 January 2004. At the police station, the victim was severely assaulted by the OIC on 5 January 2004. After he was released on bail on 6 January 2004, the victim filed a fundamental rights application in the Supreme Court against his torture by the Thebuwana Police (SC/FR/80/2004 dated 2nd February 2004). The OIC threatened the victim several times to withdraw his complaint, saying that he would take Eranjana into custody and charge him with fabricated allegations in court, if he did not do so. On 22 May 2004, Eranjana was arrested on false charges and remanded until 1 June 2004. I am concerned that the victim would be subjected to further torture or harassment to force him to withdraw the complaint filed in the Supreme Court against the perpetrator.
Therefore I strongly request you to investigate this case, and arrest and prosecute the OIC of the Thebuwana for committing torture and fabricating charges as urgently as possible. I also urge you to withdraw the false charges against the victim and release him immediately. I further urge the government of Sri Lanka to provide compensation to the victim. Lastly, I call for the government of Sri Lanka to take strong steps to prevent such human rights abuses, which have been occurring in the country for a long time.
Sincerely yours,
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Thank you.
Urgent Appeals Programme
Asian Human Rights Commission (AHRC)
