SRI LANKA: Nine people illegally arrested, detained and laid with fabricated charges

April 17, 2014 Dear friends, The Asian Human Rights Commission (AHRC) has received information that a group of nine men were arrested by the Mata e po ice at the instigation of the !uperintendent of the Hunnasgiriya "state# The incident occurred after a group of men protested at the office of the superintendent who had ear ier assau ted a man for co ecting firewood# The superintendent appeared to be inebriated at the time of the assau t# !evera of the men who were subse$uent y arrested were not even present at the time# This case is yet another i ustration of the e%ceptiona co apse of the ru e of aw in the country# CA!" &ARRAT'(") According to the information received by the Asian Human Rights Commission AHRC! a group of nine persons, all living at the Hunnasgiriya "state, #here some of them also #or$, gathered in support of %elambaran &anara'a, #ho had been assaulted by the superintendent of the Hunnasgiriya "state, (angala )ayasiri* +lease see our ,rgent Appeal- AHRC.,AC.0/1.2014!* )ayasiri #ho appeared to be inebriated at the time of the assault #hich occurred on 10 )ecember 201/* &anara'a had been gathering fire#ood for his late #ife1s alms giving #ith permission obtained after follo#ing the usual procedure at "state* 2he ne#s of &anara'a1s assault 3uic$ly spread through the estate and around /00 people gathered at the estate1s factory premises #here &anara'a #as forced to unload the fire#ood* 2he leader of the labourers thalei#ars! as$ed the superintendant, the reason for assaulting &anara'a* At that, the %uperintendant )ayasiri raised his rifle and fired into the s$y and threatened them not to come near him* %ubse3uently four police 'eeps arrived and the leaders #ere ta$en to the (atale Head3uarters +olice %tation* 4n 17 )ecember 201/, the residents of the estate received a list #hich #as said to be from the (atale (atale Head3uarters +olice %tation, #hich contained the names of 14 persons ordering them to come to the (atale Head3uarters +olice %tation immediately* 2he victims believe that this list #as prepared by the police officers along #ith the superintendent of the estate to fulfill his #hims and fancies that he #as a po#erful person on the estate* 5t #as merely a piece

of paper #ritten by hand #ithout a signature, stamp or any other indication that it #as official* 5t #as later ta$en bac$ by the police* 4n 16 )ecember 201/, police officers came to the estate searching for %ellai %athyamurthi7 #hose name #as not even in the previous list and put him into the 'eep* Another resident of the estate, %andanam 8ebamalai #ho came there to see #hat #as going on #as also put into the 'eep by the police officers stating that his name #as also there* At the time no reason for their arrest #as mentioned* &hen they #ere ta$en to the (atale Head3uarters +olice %tation, reali9ing their names #ere not there7 the Head3uarters 5nspector of +olice H:5! tore up the list in front of them* Ho#ever %ellai %athyamurthi and %andanam 8ebamalai and all the other suspects #ho #ere there #ere put in a police cell for t#o days before they #ere produced in (atale (agistrate1s Court* 2he names of the persons illegally arrested are- %ellai %athyamurthi 42!, %andanam 8ebamalai ;6!, +ichchei (aila#aganam 01!, R* (* %an'ee#a %u'ee#a +riyan$ara /4!, ,galendram %ubramaniyam 24!, <* %iva$umar /2!, R* 8enitra' 24!, Alagan %athyasheelan 2;!, and =* 8ustin >umar 20!* R* 8enitra' #ho #or$s in Colombo received the message from a family member via phone that he #as re3uired to go to the (atale Head3uarters +olice %tation* He received the call at his boarding place in Colombo on the 10th, the day that the incident too$ place at the estate* <* %iva$umar, another person #ho #as as$ed to go to the police station #as also not at the estate at the time the incident too$ place* Ho#ever on 20 )ecember 201/, at 10*00 am 8enitra' and %iva$umar #ent to the police station along #ith Alagan %athyasheelan, R* (* %an'ee#a %u'ee#a +riyan$ara and =* 8estin >umar #hose names #ere there in the list sent to them by the police* 2hey too #ere arrested by the police officers and put in a cell* All those #ho #ere arrested #ere told that they #ere accused for damaging a government vehicle* 2he superintendent had alleged that they had bro$en the #indscreen of his 'eep on the 10 )ecember 201/ the day the %uperintendent assaulted &anara'a! #hich all of them claim that they did not even see* 2heir statements #ere recorded on 20 )ecember 201/ and #ere #ritten in %inhala although all these people1s first language #as 2amil e?cept for %an'ee#a* @one of them #ere given a translation of #hat the police officers recorded in the statements* )ue to the enormous fear they all signed the papers as directed by the police* %ellai and %andanam #ere produced before court on 20 )ecember 201/, at 12*/0 p*m* 2hey #ere arrested by the police officers and ta$en to court in a three.#heeler and subse3uently they #ere remanded at the )umbara Remand +rison for seven days* 8enitra', %iva$umar, %athyasheelan, %an'ee#a and 8estin >umar #ere produced before court on 21 )ecember 201/* +ichchei and another person in the estate received a letter #hich #as also #ritten in the same manner on 20 )ecember as$ing him to come to the police station after 4 p*m* on the same day* 2hey #ere arrested as #ell* 4n 21 )ecember, all nine victims #ere produced before the (atale (agistrate and remanded at the )umbara Remand +rison* 2hey #ere released on bail on the 24 )ecember 201/, and #ere as$ed to sign at the (atale (atale Head3uarters +olice

%tation each %unday under the number case @o- AB1;70* 2he ne?t calling at (atale (agistrate1s Court is on 2 8une 2014* All the victims state that they all #ere illegally arrested, tortured and detained due to the influence of the superintendent of the estate* Curther they state that the estate1s residents opposed the superintendent for illegally assaulting an innocent man* 2he victims further state that they are no# suffering the long delayed court proceedings and they doubt that they #ill obtain 'ustice as the police officers #ho appear for the prosecution are the superintendent* 2he victims and their family members see$ 'ustice and the protection of their rights as enshrined in the Constitution of %ri Dan$a* !*++"!T"D ACT',&) +lease send a letter to the authorities e?pressing your concern about this case and re3uesting an immediate investigation into the allegations torturing an innocent man by the police officers and denying 'ustice and independent in3uiry by the police officers* +lease re3uest the authorities for prosecution of those proven to be responsible under the criminal la# of the country for misusing po#ers of a state* 2he officers involved must also be sub'ected to internal investigations for the breach of the department orders as issued by the police department* Curther, please also re3uest the @+C and the 5=+ to have a special investigation into the malpractices of the police officers for abusing the state officers1 po#ers* +lease note that the AHRC has also #ritten a separate letter to the %pecial Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment on this regard* 2o support this appeal, please clic$ here!AM-." ."TT"R) )ear EEEE , !R' .A&/A) &ine peop e i ega y arrested, detained and aid with fabricated charge &ame of the victims) 1* %ellai %athyamurthi 42! 2* %andanam 8ebamalai ;6! /* +ichchei (aila#aganam 01! 4* R* (* %an'ee#a %u'ee#a +riyan$ara /4! ;* ,galendram %ubramaniyam 24! 0* <* %iva$umar /2! 7* R* 8enitra' 24! F* Alagan %athyasheelan 2;!, and 6* =* 8ustin >umar 20! All live at the Hunnasgiriya "state, D(4 division, "l$adu#a in (atale )istrict A eged perpetrator) +olice officers attached to the (atale Head3uarters +olice %tation Date of incident) 10 )ecember 201/

- ace of incident) (atale Head3uarters +olice )ivision 5 am #riting to e?press my serious concern over the case of a group of nine persons, all living at the Hunnasgiriya "state, #here some of them also #or$, gathered in support of %elambaran &anara'a, #ho had been assaulted by the superintendent of the Hunnasgiriya "state, (angala )ayasiri* )ayasiri #ho appeared to be inebriated at the time of the assault #hich occurred on 10 )ecember, 201/* &anara'a had been gathering fire#ood for his late #ife1s alms giving #ith permission obtained after follo#ing the usual procedure at "state* 2he ne#s of &anara'a1s assault 3uic$ly spread through the estate and around /00 people gathered at the estate1s factory premises #here &anara'a #as forced to unload the fire#ood* 2he leader of the labourers thalei#ars! as$ed the superintendant, the reason for assaulting &anara'a* At that, the %uperintendant )ayasiri raised his rifle and fired into the s$y and threatened them not to come near him* %ubse3uently four police 'eeps arrived and the leaders #ere ta$en to the (atale Head3uarters +olice %tation* 4n 17 )ecember, 201/, the residents of the estate received a list #hich #as said to be from the (atale (atale Head3uarters +olice %tation, #hich contained the names of 14 persons ordering them to come to the (atale Head3uarters +olice %tation immediately* 2he victims believe that this list #as prepared by the police officers along #ith the superintendent of the estate to fulfill his #hims and fancies that he #as a po#erful person on the estate* 5t #as merely a piece of paper #ritten by hand #ithout a signature, stamp or any other indication that it #as official* 5t #as later ta$en bac$ by the police* 4n 16 )ecember 201/, police officers came to the estate searching for %ellai %athyamurthi7 #hose name #as not even in the previous list and put him into the 'eep* Another resident of the estate, %andanam 8ebamalai #ho came there to see #hat #as going on #as also put into the 'eep by the police officers stating that his name #as also there* At the time no reason for their arrest #as mentioned* &hen they #ere ta$en to the (atale Head3uarters +olice %tation, reali9ing their names #ere not there7 the Head3uarters 5nspector of +olice H:5! tore up the list in front of them* Ho#ever %ellai %athyamurthi and %andanam 8ebamalai and all the other suspects #ho #ere there #ere put in a police cell for t#o days before they #ere produced in (atale (agistrate1s Court* 2he names of the persons illegally arrested are- %ellai %athyamurthi 42!, %andanam 8ebamalai ;6!, +ichchei (aila#aganam 01!, R* (* %an'ee#a %u'ee#a +riyan$ara /4!, ,galendram %ubramaniyam 24!, <* %iva$umar /2!, R* 8enitra' 24!, Alagan %athyasheelan 2;!, and =* 8ustin >umar 20!* R* 8enitra' #ho #or$s in Colombo received the message from a family member via phone that he #as re3uired to go to the (atale Head3uarters +olice %tation* He received the call at his boarding place in Colombo on the 10th, the day that the incident too$ place at the estate* <* %iva$umar, another person #ho #as as$ed to go to the police station #as also not at the estate at the time the incident too$ place* Ho#ever on 20 )ecember 201/, at 10*00 am 8enitra' and %iva$umar #ent to the police station along #ith Alagan %athyasheelan, R* (* %an'ee#a %u'ee#a +riyan$ara

and =* 8estin >umar #hose names #ere there in the list sent to them by the police* 2hey too #ere arrested by the police officers and put in a cell* All those #ho #ere arrested #ere told that they #ere accused for damaging a government vehicle* 2he superintendent had alleged that they had bro$en the #indscreen of his 'eep on 10 )ecember 201/ the day the %uperintendent assaulted &anara'a! #hich all of them claim that they did not even see* 2heir statements #ere recorded on 20 )ecember 201/ and #ere #ritten in %inhala although all these people1s first language #as 2amil e?cept for %an'ee#a* @one of them #ere given a translation of #hat the police officers recorded in the statements* )ue to the enormous fear they all signed the papers as directed by the police* %ellai and %andanam #ere produced before court on 20 )ecember 201/, at 12*/0 p*m* 2hey #ere arrested by the police officers and ta$en to court in a three.#heeler and subse3uently they #ere remanded at the )umbara Remand +rison for seven days* 8enitra', %iva$umar, %athyasheelan, %an'ee#a and 8estin >umar #ere produced before court on 21 )ecember 201/* +ichchei and another person in the estate received a letter #hich #as also #ritten in the same manner on 20 )ecember as$ing him to come to the police station after 4 p*m* on the same day* 2hey #ere arrested as #ell* 4n 21 )ecember, all nine victims #ere produced before the (atale (agistrate and remanded at the )umbara Remand +rison* 2hey #ere released on bail on 24 )ecember, 201/, and #ere as$ed to sign at the (atale (atale Head3uarters +olice %tation each %unday under the number case @o- AB1;70* 2he ne?t calling at (atale (agistrate1s Court is on 2 8une 2014* All the victims state that they all #ere illegally arrested, tortured and detained due to the influence of the superintendent of the estate* Curther they state that the estate1s residents opposed the superintendent for illegally assaulting an innocent man* 2he victims further state that they are no# suffering the long delayed court proceedings and they doubt that they #ill obtain 'ustice as the police officers #ho appear for the prosecution are the superintendent* 2he victims and their family members see$ 'ustice and the protection of their rights as enshrined in the Constitution of %ri Dan$a* 5 therefore re3uest your urgent intervention to ensure that the authorities listed belo# instigate an immediate investigation into the allegations of torturing and the violating victim1s rights by police and further preventing of getting 'ustice* Curther re3uest for prosecute the responsible persons under the criminal la# of the country for misusing po#ers of state officers* 2he officers involved must also be sub'ected to internal investigations for the breach of the department orders as issued by the department* Gours sincerely, ............................................... -."A!" !"&D 0,*R ."TT"R! T,) 1* (r* @ > 5llanga$oon 5nspector =eneral of +olice @e# %ecretariat Colombo 1 %R5 DA@>A

Ca?- H64 11 2 440440 B /27F77 ".mail- igpIpolice*l$ 2* (r* %arath +alitha Cernando Attorney =eneral Attorney =eneral1s )epartment Colombo 12 %R5 DA@>A Ca?- H64 11 2 4/0421 ".mail- agIattorneygeneral*gov*l$ /* %ecretary @ational +olice Commission /rd Cloor, Rotunda 2o#ers 106 =alle Road Colombo 0/ %R5 DA@>A 2el- H64 11 2 /6;/10 Ca?- H64 11 2 /6;F07 ".mail- npcgenIsltnet*l$ or polcomIsltnet*l$ 4* %ecretary %ri Dan$a Human Rights Commission @o- 10; >ynsey Road, Aorella, Colombo F* %R5 DA@>A Ca?- H64 11 2064624 "mail- sechrcIsltnet*l$ 2han$ you* ,rgent Appeals +rogramme Asian Human Rights Commission uaIahrc*asia!