UPDATE(Sri Lanka): A torture victim has received threats by Katugastota Police, after he lodged a complaint against them

ASIAN HUMAN RIGHTS COMMISSION - URGENT APPEALS PROGRAMME

Urgent Appeal Case: UP-72-2004
ISSUES:

Dear friends,

The Asian Human Rights Commission (AHRC) has received information that Mr. D.G. Premathilaka, who was illegally arrested and tortured by the Katugastota Police from 8 to 9 January 2004, has been threatened by the police of the said police station in response to his complaint lodged against the perpetrators. (see previous urgent appeal : UA-03-2004: SRI LANKA)

According to Mr. Premathilaka, several police officers attached to the Katugastota Police have been trying to implicate him in criminal acts and have threatened him to withdraw the case filed in January 2004.

Mr. Premathilaka is deeply concerned for his safety due to the police harassment and is afraid to attend the inquiry by the National Human Rights Commission (NHRC), which is scheduled to be held on 29 November 2004.

Your urgent action is needed to pressure the local authorities and Sri Lankan government to provide full protection to Mr. Premathilaka, so that he is able to attend the inquiry.  Please also ask the authorities and the government to take immediate steps for legal/disciplinary action against those who are threatening Mr. Premathilaka to withdraw his case.

Urgent Appeals Desk
Asian Human Rights Commission (AHRC)
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UPDATED INFORMATION:

Name of the victim: D.G. Premathilaka
Alleged perpetrators: Mr. Aranpath and several officers attached to the Katugastota Police

Case details:

Mr. D.G. Premathilaka, who was illegally arrested and tortured by the Katugastota Police from 8 to 9 January 2004, has been threatened by Mr. Aranpath and several officers attached to the Katugastota Police. The victim insists that the police have been trying to implicate him in criminal acts and have threatened him to withdraw the Fundamental Rights application against them, which was filed in January 2004.

On November 15, three police officers from the Katugastota Police went to the Pujapitiya town and checked the three wheeler (No. 206-0747) which Mr. Premathilaka was driving. They checked whether there was illicit liquor inside the vehicle, but failed to find any such thing. After that, the police asked Mr. Premathilaka to take them to a place in his three wheeler where illicit liquor was being made. However, Mr. Premathilaka refused to go.

The following day (November 16), Mr. Aranpath and another officer in civil dress went to an area where Mr. Premathilaka’s three wheeler was parked and asked him to get in the three wheeler in which they came. After that, they proceeded toward Bokkawela and went to several places to extract information about Mr. Premathilaka and tried to arrest him on false charges. As the police failed to find information, they threatened him and demanded that he withdraw his application against the police, saying “If you do withdraw the file, you will be taken good care of by the police.”

The police further informed Mr. Premathilaka that a warrant had been issued for his arrest and that he was wanted by the police.  They also said he should accompany them to the police station, but failed to produce a warrant memo against him.  Mr. Premathilaka refused to go saying that without a warrant, he would instead present himself to the court. The police then asked Mr. Premathilaka to put petrol into their three wheeler due to the long distances they had travelled. Even though Mr. Premathilaka did not have enough of his own money to buy the police petrol, he managed to borrow 180 Rupees out of fear for his safety if he did not do so.

An inquiry into the illegal arrest and torture of Mr. Premathilaka by the National Human Rights Commission (NHRC) is scheduled to be held on 29 November 2004. However, Mr. Premathilaka has been pressured by the police officers of Katugastota Police Station to withdraw his complaint. Now Mr. Premathilaka is deeply concerned for his safety due to the police harassment. As a result, he is too afraid to attend the inquiry.

The AHRC is deeply concerned about this case and urges the government of Sri Lanka to take immediate legal/disciplinary action against the police officers involved.  The AHRC also asks that a proper investigation into the case be conducted. In particular, the AHRC urges NHRC to give full protection to Mr. Premathilaka and ensure that he can attend the inquiry on 29 November 2004.

SUGGESTED ACTION:
Please send a letter, fax or email to the addresses below and ask them to take immediate action against those responsible. Also urge them to provide full protection to the victim and  ensure a proper investigation into this case is conducted.

 

 

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

SAMPLE LETTER

Dear _____________,

Re: SRI LANKA: A torture victim has received threats by Katugastota Police, after he lodged a complaint against them

Name of the victim: D.G. Premathilaka
Alleged perpetrators: Mr. Aranpath and several officers attached to the Katugastota Police

I am extremely disturbed to hear that Mr. D.G. Premathilaka, who was illegally arrested and tortured by the Katugastota Police from 8 to 9 January 2004, has been threatened by several officers attached to the Katugastota Police, demanding that he withdraw his complaint against the perpetrators.

According to the information I have received, Mr. Aranpath and several officers from Katugastota Police have been trying to implicate Mr. D.G. Premathilaka in criminal acts and have threatened him to withdraw the Fundamental Rights application he lodged in January 2004.

An inquiry into the illegal arrest and torture of Mr Premathilaka by the National Human Rights Commission (NHRC) is scheduled to be held on 29 November 2004. However, Mr. Premathilaka is currently deeply concerned for his safety, due to the police harassment, and is too afraid to attend the inquiry.

Therefore, I urge you to take immediate legal/disciplinary action against those police officers who are threatening Mr. Premathilaka. I also urge you to ensure that a thorough and impartial investigation be conducted into this case. In particular, I urge the NHRC to give full protection to Mr. Premathilaka and to ensure that he can attend the inquiry on 29 November 2004.

I hope to receive your reply soon.

Yours sincerely,

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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
Attn: Mr. Safir Syed
C/o OHCHR-UNOG
1211 Geneva 10
SWITZERLAND
Tel: +41 22 917 9174
Fax: +41 22 917 9016 (general)
E-mail: ssyed@ohchr.org

Thank you.

Urgent Appeals Programme
Asian Human Rights Commission (AHRC)

Document Type : Urgent Appeal Update
Document ID : UP-72-2004
Countries : Sri Lanka,