SRI LANKA: Arbitrary arrest, detention and torture of a man by the Horana Police 

ASIAN HUMAN RIGHTS COMMISSION - URGENT APPEALS PROGRAMME

Urgent Appeal Case: UA-006-2006
ISSUES: Torture,

Dear friends,

The Asian Human Rights Commission (AHRC) has received information from a reliable source regarding the arbitrary arrest, detention and torture of a man by police personnel from the Horana Police Station. SA Akila Chaturanga was detained by the police on 22 December 2005 and arrested for a seemingly fabricated charge of cattle theft. After taking the victim to the home of lawyer Kulatunga Hettiarachchi, whose cattle, it was claimed, were stolen, the police then returned the victim to the Horana police station where they mercilessly tortured him. This included hanging the victim from the ceiling, and beating him with poles.

After detaining and repeatedly torturing the victim for a day, the police then formally charged him. They forced him to sign a written statement and produced him before a hospital doctor who signed a document without having even examined the victim. They then produced the victim before the Horana Magistrate’s Court where he was not afforded the opportunity to inform the court of the conduct by the police towards him and neither did his legal representative inform this to the court. The victim was released on bail and was subsequently treated in hospital for three days for the injuries he sustained as a result of the custodial torture.

This is yet one more of the most careless and senseless acts of torture perpetrated by policemen from the Horana police. The AHRC has reported on several previous occasions incidents where persons have been arbitrarily detained and tortured by personnel from the Horana police (please see: UA-238-2005UA-103-2005UA-141-2004). In fact the same person involved in this torture, Sergeant Kaldera, was also implicated in a previous case we reported on less than one month ago (UA-238-2005).

The AHRC urges for your intervention to ensure that an immediate and independent inquiry into this incident is conducted. The alleged perpetrators must be restricted from their duty once the investigation commences and appropriate charges must be filed against them under the Convention against Torture Act No. 22 of 1994 if the allegations are found to be true. Please also ask that the investigation look into the role the lawyer played in this incident, as there are strong concerns that the police’s conduct may have been at his request.

Further, please urge the concerned Government agencies to afford medical and rehabilitation assistance to the victim without delay. The victim and his relatives must also be provided with appropriate protection if the situation requires. They must be protected from any harassment and intimidation should they file charges in a court of law against the perpetrators.

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

Name of alleged victim: SA Akila Chaturanga, 22, unmarried; Occupation: farmhand
Names of alleged perpetrators: The Officer-in-Charge of Horana Police Station, Sergeant Kaldera and Police Constables R 1768 and 31288.
Date of alleged incident: 22 December 2005
Place of alleged incident: Horana Police Station

Case details:

On 22 December 2005, at approximately 5am, the victim, Akila Chaturanga was confronted in his home by Sergeant Kaldera and Police Constables 1768 and 31288. Without providing an arrest warrant or giving any reason for their action, the police took the victim into custody. Once there, the victim was threatened by Sergeant Kaldera to return stolen cattle he was alleged to have taken from a lawyer. Sergeant Kaldera then brutally tortured the victim with a pole.

The victim was then taken to the said lawyer, Kulatunga Hettiarachchi’s house. Sergeant Kaldera continued to beat the victim with the pole.

Back at the police station the police removed the victim’s clothes and blindfolded him with a sarong. They handcuffed him, placed his arms on his legs and inserted a police between his elbows and knees. They then hung him in the dharma chakra (wheel) position and mercilessly beat him on his soles, legs and buttocks with poles. The victim claims that he was tortured in this manner for approximately three hours.

The police then lowered the victim down and forced him to jump up and down repeatedly on the spot. They then got him to lie face down on a bench and repeated the beating with poles on his soles and buttocks. He was then locked in a cell.

Around 3pm the police took the victim out of the cell and dragged him to the police barracks where they punched him with their fists. He was then chained to a bedpost until 6pm.
Meanwhile the police continued to question the victim about the alleged theft of the lawyer’s cattle. Owing to this, there are strong concerns that the police’s actions against the victim were conducted at the request of the said lawyer.

The following day, on December 23, at around 9am, Sergeant Kaldera forced the victim to sign a written statement. They took him to the Horana hospital where he witnessed a doctor signing a document given by the police without the doctor even examining the victim. At 10am the victim was produced before the Horana Magistrate’s Court. The victim claims that he was not afforded an opportunity to inform the court of his arrest and neither did his legal representative inform this to the court. He was released on bail. Thereafter, the victim went to the Kalutara General Hospital where he was admitted to ward 11 until December 26. The victim informed the hospital authorities and the hospital police post about his torture.

The victim is adamant that he was falsely charged by the police regarding the theft of the cattle.

SUGGESTED ACTION:

Please write to the relevant authorities listed below seeking their intervention in this case.

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

SAMPLE LETTER

Dear ____________,

SRI LANKA: Arbitrary arrest, detention and torture of a man by the Horana Police

Name of alleged victim: SA Akila Chaturanga, 22, unmarried; Occupation: farmhand
Names of alleged perpetrators: The Officer-in-Charge of Horana Police Station, Sergeant Kaldera and Police Constables R 1768 and 31288.
Date of alleged incident: 22 December 2005 
Place of alleged incident: Horana Police Station

I am appalled to learn of yet another incident involving the Horana Police whereby police personnel from that station arbitrarily arrested, detained and tortured a man who continues to maintain his innocence. SA Akila Chaturanga was detained by the police on 22 December 2005 and arrested for a seemingly fabricated charge of cattle theft. After taking the victim to the home of lawyer Kulatunga Hettiarachchi, whose cattle, it was claimed, were stolen, the police then returned the victim to the Horana police station where they mercilessly tortured him. This included hanging the victim from the ceiling and beating him with poles.

After detaining and repeatedly torturing the victim for a day, the police then formally charged him. They forced him to sign a written statement and produced him before a hospital doctor who signed a document without having even examined the victim. They then produced the victim before the Horana Magistrate’s Court where he was not afforded the opportunity to inform the court of the conduct by the police towards him and neither did his legal representative inform this to the court. The victim was released on bail and was subsequently treated in hospital for three days for the injuries he sustained as a result of the custodial torture.

This is yet one more of the most careless and senseless acts of torture perpetrated by policemen from the Horana police. I am aware there have been several incidents of arbitrary arrest, detention and torture by police personnel at the Horana police station, with one case having been reported less than one month ago. I am also aware that in that previous case, the same person who was implicated in the torture, Sergeant Kaldera, is also allegedly involved in this latest incident. 

Owing to the seriousness of this case and the repeated reports of torture allegedly taking place by the Horana police, I seek your intervention in ensuring that an immediate and independent inquiry into this incident is conducted. The alleged perpetrators must be restricted from their duty once the investigation commences and appropriate charges must be filed against them under the Convention against Torture Act No. 22 of 1994 if the allegations are found to be true. I also ask that the investigation look into the role the lawyer played in this incident, as there are strong concerns that the police’s conduct may have been at his request.

Further, I urge the concerned Government agencies to afford medical and rehabilitation assistance to the victim without delay. The victim and his relatives must also be provided with appropriate protection if the situation requires. They must be protected from any harassment and intimidation should they file charges in a court of law against the perpetrators.

Finally, I strongly urge the Sri Lankan government to look seriously into the common practice by many of Sri Lanka’s police stations in subjecting suspects to torture in order to obtain a confession. This situation reflects the lack of training many police officers have in terms of investigation skills, and the excessive powers they wield and abuse. Therefore, I call on government officials in Sri Lanka to consider reforming the current law enforcement system by introducing better training programmes for police officers and to make them more accountable for the abuses they have committed against ordinary citizens of Sri Lanka.

I look for your urgent intervention in this matter.

Yours sincerely,

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PLEASE SEND A LETTER TO:

1. Mr. Chandra Fernando
Inspector General of Police (IGP) 
New Secretariat
Colombo 1
SRI LANKA 
Fax: +94 11 2 440440/327877

2. Mr. K. C. Kamalasabesan
Attorney General 
Attorney General's Department
Colombo 12
SRI LANKA 
Fax: +94 11 2 436 421

3. National Police Commission
3rd Floor, Rotunda Towers,
109 Galle Road
Colombo 03
SRI LANKA
Tel: +94 11 2 395310 
Fax: +94 11 2 395867
Fax HOME: +94 11 2 674148
E-mail: polcom@sltnet.lk

4. Dr. Radhika Coomaraswamy
Chairperson Human Rights Commission of Sri Lanka 
No. 36, Kynsey Road 
Colombo 8 
SRI LANKA 
Tel: +94 11 2 694925 / 673806 
Fax: +94 11 2 694924 / 696470 
E-mail: sechrc@sltnet.lk

5. Mr. J Thangawelu
DIG Legal
Police Headquarters
Colombo 1
SRI LANKA
Fax: 94 11 2381 394
Email: legaldiv@police.lk

6. Mr. Mahinda Rajapakse
President of Sri Lanka
Cambridge Place
Colombo 7
SRI LANKA
Fax: +94 11 2 682905 / 575454
E-mail: secpm@sltnet.lk or bradmanw@slt.lk

7. Prof. Manfred Nowak
Special Rapporteur on the Question of Torture
Attn: Mr. Safir Syed 
C/o OHCHR-UNOG
1211 Geneva 10
SWITZERLAND
Tel: +41 22 917 9230
Fax: +41 22 917 9016 (general)
E-mail: ssyed@ohchr.org

8. Ms Leila Zerrougui
Chairperson
Working Group on Arbitrary Detention
c/o Miguel de la Lama
OHCHR-UNOG 
1211 Geneva 10 
SWITZERLAND 
Fax: +41 22 917 9006 (ATTENTION: Working Group on Arbitrary Detention)
Email: mdelalama@ohchr.org

Thank you.

Urgent Appeals Programme 
Asian Human Rights Commission

Document Type : Urgent Appeal Case
Document ID : UA-006-2006
Countries : Sri Lanka,
Issues : Torture,