UPDATE (Sri Lanka): Priyankara brutally assaulted and arrested with no access to lawyers 

ASIAN HUMAN RIGHTS COMMISSION - URGENT APPEALS PROGRAMME

Urgent Appeal Case: UP-34-2004
ISSUES: Administration of justice, Arbitrary arrest & detention, Impunity,

Dear friends

The Asian Human Rights Commission (AHRC) is seeking your urgent intervention regarding torture victim, J.V. Saman Priyankara, who was arrested at his house by ten police officers on 7 July 2004. Due to the brutal assault by the police officers, Priyankara seems to have partially lost his hearing.

Although higher authorities in the police as well as the National Human Rights Commission have been notified of Priyankara’s illegal arrest, detention and torture, he was still being detained at the Matale police station until about 11 am on July 8. Priyankara’s lawyers have not been allowed to see him. Your immediate action to demand Priyankara’s unconditional release and protection is needed.

To see our previous appeals regarding the torture of Priyankara see:

UA-07-2004: http://www.ahrchk.net/ua/mainfile.php/2004/732/

UP-33-2004: http://www.ahrchk.net/ua/mainfile.php/2004/596/

Urgent Appeals Desk
Asian Human Rights Commission
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CASE DETAILS:

J.V. Saman Priyankara was arrested at his house by ten police officers on 7 July 2004. He was brutally assaulted at the time of the arrest and then taken to the Matale Police Station, where he remained in custody until around 11 am on 8 July 2004 and thereafter was taken to the Magistrate’s Court.

Upon hearing of his arrest and torture, representation was immediately made to higher authorities in the police and the Human Rights Commission. Officers in both the police and the NHRC intervened immediately – police authorities stated that Mr. Priyankara would be taken to a hospital immediately. However, Mr. Priyankara was in fact taken somewhere else and then brought back to the police station where he is being detained at the present time.

One person who tried to speak to him at the police station found that Priyankara has lost his hearing in one ear and cannot hear properly. However, Priyankara managed to say that he was arrested without any reason while he was at home and that the police are trying to say that he had some illicit liquor with him. He went on to say that he has never engaged in any such activity nor has any such liquor like that at his home.

Priyankara has complained during the last few weeks of being pressurized on an almost daily basis to withdraw the complaints he had made against his initial torture, which was committed on 5 January 2004 by a police officer of the Matale police station. At this time, the police had poured boiling water on Priyankara’s legs and genitals, causing severe burns. Priyankara was then warned not to obtain medical treatment or to report the incident.

It has been said that this particular police officer has been undergoing disciplinary inquiries. A relative of this officer, a Buddhist monk, has been one of the persons instigating actions against Priyankara.

The two lady lawyers who went to visit him at the Matale police station while he was being detained there were not allowed to see him and were told to go to the Assistant Superintendent of Police (ASP) office instead. As such, Priyankara’s basic right of representation by a lawyer has been denied. The two lawyers who went to visit Priyankara at the Matale Police Station are Ms. Nirmala David and Ms. Surangika Ranaweera.

We are urging your immediate intervention to save the life of Priyankara and to enable him to take the necessary medical attention as urgently as possible.

SUGGESTED ACTION:

Please send a letter, fax or email to the following authorities expressing your concern at Priyankara’s arrest and detention.

1. Hon. 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. 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

4. 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

5. Mr. Shavindra Fernando
Senior State Counsel
Torture Perpetrators Investigation Unit
Attorney General’s Department
Colombo 12
SRI LANKA
Tel/Fax: +94 11 2 327 765
Email: Prsec@visual.lk or savifdo@yahoo.co.uk

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

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

SAMPLE LETTER

Dear 

Re: Priyankara brutally assaulted and arrested with no access to lawyers

Name of the victim: Jayasekara Vithanage Saman Priyankara, aged 32, Self-employed (runs a poultry farm), Married with two children aged 12 and 8 years of age. 
Address of the victim: 50/1 Ruwanpaya, Ratwatte, Ukuwela
Alleged Perpetrators: About 10 police officers/personnel attached to the Matale Police Station
Date of arbitrary arrest and torture: 7 July 2004

I am shocked to learn about the brutal assault and arrest of Jayasekara Vithanage Saman Priyankara, by police officers attached to the Matale Police Station on 7 July 2004, due to which Priyankara seems to have partially lost his hearing.

Upon hearing of his arrest and torture, representation was immediately made to higher authorities in the police and the Human Rights Commission. Officers in both the police and the NHRC intervened immediately - police authorities stated that Mr. Priyankara would be taken to a hospital immediately. However, Mr. Priyankara was in fact taken somewhere else and then brought back to the police station where he was detained until around 11 am on July 8, where after he was taken to the Magistrate's court.

Priyankara has complained during the last few weeks of being pressurized on an almost daily basis to withdraw the complaints he had made against his initial torture, which was committed on 5 January 2004 by a police officer of the Matale police station. At this time, the police had poured boiling water on Priyankara's legs and genitals, causing severe burns. Priyankara was then warned not to obtain medical treatment or to report the incident.

It has been said that this particular police officer has been undergoing disciplinary inquiries. A relative of this officer, a Buddhist monk, has been one of the persons instigating actions against Priyankara.

I urge you to take IMEMDIATE STEPS to get Saman Priyankara released from police custody; get him immediate medical attention and provide protection to him and his family from the perpetrators. I also strongly urge you to order a thorough investigation of this case and bring the responsible persons behind Priyankara's intimidation, illegal arrest and torture before court. The perpetrators should be immediately suspended from their service at the police station and investigation should begin with immediate effect.

Sincerely yours,

 

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Thank you
Urgent Appeals Programme
Asian Human Rights Commission

Document Type : Urgent Appeal Update
Document ID : UP-34-2004
Countries : Sri Lanka,
Issues : Administration of justice, Arbitrary arrest & detention, Impunity,