26 July 2006

PAKISTAN

lt. den aussagen von eines mitglieds der national party in belutschistan sind mind. 4.000 jugendliche, die sich bei den verschiedenen organisationen für autonomie der provinz engagieren, ohne anklage inhaftiert.

4000 Baloch youth in custody of Pakistan intelligence agencies

Thousands of youths from Pakistan's restive tribal region, most of them activists of Baloch nationalist parties agitating for provincial autonomy, were in the "illegal custody" of Pakistan's intelligence agencies and being subjected to "inhuman torture", a senior Baloch leader has said.

Secret agencies had also picked up two "innocent citizens" Rehmatullah Shohaz, a college librarian and Abdullah, a 60-year-old NP activist, on May 7 from Bulleda in Turbat District, National Party leader and member of the Balochistan Assembly Abdul Malik told reporters in Quetta yesterday. Malik alleged that the kidnapping of innocent citizens from their houses and keeping them in illegal torture cells has become the norm and the families of those detained have no clue of their whereabouts.

The agencies free severely injured men after subjecting them to inhuman torture, he claimed and urged the Supreme Court of Pakistan to take notice of the increasing number of extra-judicial arrests of the Baloch people. The government is trying to settle political scores with the Baloch leaders by penalising the innocent, Malik said. If there were any charges against the detained people, cases should be registered against them according to the law. They should be presented in a court and, if found guilty, be punished, he said.

[  newkerala.com

24 July 2006

JORDAN

Jordan: Systematic torture of political suspects

"They put out their cigarettes on my hand, beat me with sticks on my body...then hit me on the feet continuously for a period of three hours...The men had their faces covered...The beatings were so painful. I told him I was ready to say anything he wanted, so they carried me on a stretcher, as I was unable to walk, back to the interrogation offices." - Usama Abu Hazeem, who was sentenced to death on 12 March 2006 based on a "confession" extracted under torture. His sentence has since been commuted to 10 years' imprisonment.

Jordan maintains a military security agency that detains, interrogates and tortures political and security suspects, both Jordanians and other nationals transferred to the country in apparent coordination with the USA, Amnesty International said today in a major new report. The report describes the cases of dozens of individuals subjected to torture and ill-treatment in Jordan, ten of whom appear to be victims of the US-led "rendition programme".[...]

[  full text / Jordan: Systematic torture of political suspects

[  jordan on amnesty

23 July 2006

IRAQ/USA

neuer bericht von human rights watch über mißhandlungen von gefangenen in den us knästen inm iraq

Rights group alleges prisoner abuse

The group Human Rights Watch said in a report released yesterday that US military commanders encouraged abusive interrogations of detainees in Iraq, even after the Abu Ghraib prison scandal called attention to the issue in 2004.

Between 2003 and 2005, prisoners were routinely physically mistreated, deprived of sleep, and exposed to extreme temperatures as part of the interrogation process, the report said. ``Soldiers were told that the Geneva Conventions did not apply and that interrogators could use abusive techniques to get detainees to talk," wrote John Sifton, a senior researcher at Human Rights Watch.

The organization said it based its conclusion on interviews with military personnel and sworn statements in declassified documents. A Pentagon spokesman, Commander Greg Hicks, said he was not aware of the report, but noted that the military is reviewing its procedures regarding detainees following a Supreme Court ruling that the Geneva Conventions should apply in the conflict with Al Qaeda. The Bush administration had previously held that certain enemies, including terrorists, were ``enemy combatants" and not protected by those rules. The conventions prohibit ``outrages upon personal dignity, in particular humiliating and degrading treatment."

Human Rights Watch focused much of its report on a detention facility called Camp Nama at Baghdad International Airport. One soldier, whose name was withheld from the report, described a suspected insurgent being stripped naked, thrown in the mud, sprayed with water, and exposed to frigid temperatures to soften him up for interrogators. Commanders, the soldier said, seemed confident that their treatment of prisoners was legal. He described computerized authorization forms that had to be filled out before subjecting detainees to strobe lights, loud music, extreme heat or cold, or intimidation by barking dogs.

The allegations of abuse at the camp were first reported in March by The New York Times. In a separate development, the Taliban's former envoy to Pakistan said in an interview yesterday that he has written a book because he has a ``dangerous" story to tell about mistreatment, terror, and confinement in the US detention facility in Guantanamo Bay, Cuba. Abdul Salam Zaeef's book, ``A Picture of Guantanamo," went on sale last week in Afghanistan. ``My book includes everything I endured during my detention, what I saw, what I heard, and how I was treated during my three years and 10 months there," Zaeef said. ``I want the world to know the truth."

Zaeef, a former Taliban envoy fluent in Arabic and English, was the Taliban's most visible face during the US-led campaign against the hard-line regime after the Sept. 11, 2001, attacks. He held daily press conferences at the Afghan Embassy in Islamabad, the Pakistani capital, to rail against American attacks on his country. His outbursts angered Pakistan, Washington's new ally against terrorism, which for years had supported the Taliban and other mujahideen in neighboring Afghanistan. Pakistani authorities sent Zaeef back to Afghanistan, where American forces captured him in 2002. He was released and returned to Afghanistan last year. Zaeef said he suffers from depression and anxiety as a result of his time in US custody, which according to his book was marred by physical and mental abuse such as long-term sleep deprivation.

``The treatment by the Americans during my detention was inhumane," he said during a visit to his heavily guarded west Kabul home. ``So many times we were naked, punished, weren't allowed to sleep for 10 days, 20 days, one month." But the greatest wrong was not to be put on trial and given a chance to face any charges, he said. ``I was not a fighter, I never fought with the Americans," he said. ``I condemned what happened with Sept. 11 in America. The main thing I want now is justice."

[  boston.com

[  “No Blood, No Foul”
Soldiers’ Accounts of Detainee Abuse in Iraq

21 July 2006

SRI LANKA

willkürliche festnahme und folter eines mannes durch die alawathugoda polizei.

SRI LANKA: Torture; arbitrary arrest and detention; complete collapse of rule of law

The Asian Human Rights Commission (AHRC) has received information detailing the torture of a man by police officers attached to the Alawathugoda Police Station. The victim was beaten and humiliated by the police who accused him of being in possession of illicit liquor. They also threatened to disappear him if he did not cooperate. Upon release the victim received medical attention at the Kandy General Hospital.

On 9 July 2006, at about 1.30am, the victim was stopped by the police while he was returning home after attending the funeral home of Gune Ayyas Mother. The police were in civil clothes at the time. They told the victim?s friends to go away as it was he who they were after. At that point they began to brutally beat the victim. After beating the victim for some time the police then asked him where the kasippu (illegally made arrack (liquor)) was. The victim maintained that he was not in possession of any kasippu. The police then made the victim take off his shirt and tied this around his mouth. They then put him in their nearby jeep and drove to the police station.

Once at the police station the victim was forced to strip naked and to walk around the building. During this time he was also beaten once more. He was then told to sit on a table where he remained until 6am that morning. At that point Police Officer Hettiarachchi (S.I.) came and warned, "If you don't tell me the place, even now, I know where you should be left". When, one of the victim?s fellow villagers phoned the police station and asked whether he was there, Mr. Hettiarachchi replied "no". Further, he told the villager that the person in question (the victim)was not taken to the police station. Such a statement led to the victim?s fears that he might be disappeared.

On July 10 at about 9.30a.m, the victim was released by the police. At 1.30pm he went to the Peradeniya Government Hospital due to the severe pain that he was suffering. As patients were not being admitted that day, the victim instead went to the Kandy General Hospital where he was admitted into ward No. 10. The Judicial Medical Officer attended to him and wrote down his details. He was discharged the following day. Upon his release from hospital the victim approached the Human Rights Office in Katugastota to lodge a complaint.

[  ahrchk.net

[  ahrchk.net

11 July 2006

PAKISTAN

130 frauen die unter der "hudood ordinance" u.a. wegen mord und ehebruch im knast waren, wurden auf kaution freigelassen. wie lange die frauen inhaftiert waren wurde nicht bekannt gegeben. bei weiteren 1.300 frauen sei kaution und entlassungen ebenfalls möglich. die hudood gesetze wurden 1979 von dem damaligen militärdiktator zia ul-haq eingeführt der damit eine islamisierung der gesetze bezweckte. seit jahren forden frauen- und menschenrechtsgruppen die abschaffung dieser gesetze.

Pakistan frees 130 accused women from jail

LAHORE, Pakistan (AP) - Authorities released 130 women facing trial for murder and adultery from jails in eastern Pakistan, days after President Gen. Pervez Musharraf amended a law to give them the right to be freed on bail, officials said Tuesday. Seventy women were freed on bail late Monday and early Tuesday from jails in various cities in the eastern Punjab province, provincial prisons chief Sarfaraz Mufti said. Another 60 women were freed later Tuesday, taking the number of women released on bail in the province to 130, said Saeed Niwani, minister for jails in Punjab. The women are facing charges including murder, attempted murder, theft and adultery under the Hudood Ordinance, he said.

Mufti did not have details on how long the freed women had been in jail. Musharraf on Friday amended the controversial Hudood Ordinance, allowing women awaiting trial on charges of adultery and other crimes to qualify for bail?a right previously denied.

Authorities were preparing to release other women awaiting trial from jails elsewhere in the country as well. The government has said 1,300 women will be eligible to leave jail on bail under the new amendment. A former military ruler, Zia ul-Haq, introduced the Hudood Ordinance in 1979 in a move to Islamize the legal system. . . . Human rights groups have been demanding for years that the law be repealed, saying it discriminates against women and is open to abuse. . . . The amendment covers women awaiting trial, and not those who have already been convicted.

[  seattlepi.nwsource.com

3 JULY 2006

BANGLADESH

am 3. juli wurde ein fahrer einer motor-rikscha von polizisten in bishnupur erst gezwungen sie die ganze nacht zu fahren, dann verhaftet und von einem polizisten vergewaltigt. er wurde am nächsten tag entlassen und hat die vergewaltigung in seinem dorf öffentlich gemacht. nach protesten der dorfbewohner wurde der polizist versetzt, die vergewaltigung wurde als "belästigung" bezeichnet , es wird aber keine anklage geben.

BANGLADESH: Arbitrary arrest; threats; misuse of power; sodomy; collapse of rule of law The Asian Human Rights Commission (AHRC) has been informed that on 3 July 2006, a rickshaw driver named Inarul Islam Ena was arbitrarily arrested, forced to drive overnight, and sodomized by Officer Abdul Mannan, a Bishnupur police Sub Inspector of the Chuadanga district, Bangladesh. Before the offence, the police threatened to kill Ena under pretence of "crossfire." Being pressured by the local people, the authorities have withdrawn the alleged perpetrator from his camp, but no further action has been taken so far.

Around 7pm on 3 July 2006, Inarul Islam Ena, a motorized rickshaw driver, was arbitrarily arrested by Bishnupur police officers while he was on his way home. Ena was forced to drive the police around on their patrol throughout the night. Early the next morning (July 4), he was taken into the police camp, where Sub Inspector (SI) Abdul Mannan quarantined him, threatened to kill him, stripped him, and sodomized him. After Ena was released from custody the following morning, he shared the incident with those back in his village. Hundreds of people protested against the police on Ena?s behalf and demanded punishment of SI Abdul Mannan.

Shockingly, the Officer-in-Charge (OC) of the Damurhuda police station dismissed the sodomy assault as mere "molestation by SI Abdul Mannan." The Superintendent of the Police (SP) of the Chuadanga district, Md. Muslim, informed that SI Abdul Mannan has been withdrawn from the camp. However, no further reprimands have been given and there are no official complaints so far filed by the authorities. According to section 377 of the Penal Code of Bangladesh, the perpetrator can be charged with sodomy and given a maximum penalty of up to 10 years.

ADDITIONAL COMMENT:

The Bangladesh government has ratified the UN Convention Against Torture (CAT) but has yet to be implemented. It has reserved article 14 of the CAT, which ensures medical treatment, compensation and complete redress of victims. In addition, as there is no domestic legislation to criminalize torture committed by law enforcement officials in the country, most of the perpetrators are not punished at all and in the worst case, receive only departmental disciplinary action or light punishment with charges of "maltreatment" rather than of "torture". As far as the AHRC knows, there is no single case in which the victims received compensation for torture.

Beside this, there are no independent complaint mechanisms where torture victims can lodge complaints against perpetrators. As a result, as seen in this case, the police conduct inquiries into torture cases where police are also the alleged torturers. The police are normally reluctant to take action against their colleagues and in some cases they even threaten the victims to withdraw their complaints.

[  ahrchk.net

10 July 2006

INDIA

ein 14 jähriger junge wurde von grenzpolizisten an der grenze zu bangladesh verprügelt und später erschossen.

INDIA: Murder; torture, corruption; cross-border smuggling; collapse of the rule of law

The Asian Human Rights Commission (AHRC) has received shocking information from MASUM, a human rights organisation in West Bengal, detailing the killing of a 14-year-old boy by the Border Security Forces (BSF) operating along the Indo-Bangladesh border. The boy resided just 30 meters from the border and on hearing some commotion outside his residence, came out and saw BSF officers chasing smugglers. The boy was taken from his home and mercilessly beaten by the BSF officers. Later four shots were fired piercing through the young boy's chest resulting in his death.

Mithun was a 14-year-old boy studying in the sixth grade. His father works as an agricultural labourer and possesses 10 katha (0.16 acre) of land near the Indo-Bangladesh border. Mithun lived with his parents and his elder brother. On 28 June 2006 at about 4am, Mithun was alarmed by some commotion outside his home. It was alleged that at the time, BSF officers were chasing smugglers and Mithun was mistaken as an accomplice. The BSF officers dragged Mithun away for interrogation and began beating him ruthlessly with riffle butts thereby smashing his skull. Four shots were fired penetrating the young boy's chest killing him instantaneously. Mithun's body was found lying on the ground at 10.30am, almost five hours after his death. The local police arrived at the scene and transferred the body to Lalbagh Hospital for a post mortem examination. The body was later cremated at the Baharampur crematory.

In the midst of the pain of losing his son, Mithun's father visited the police station on the same day to lodge a complaint against the BSF officers. However, the Officer-in-Charge (OIC) of the Raninagar Police Station refused to file a First Information Report (FIR). To date, no investigation has been undertaken and no witnesses have been called to account for the incident.

On learning the facts of the case, MASUM's fact-finding team visited the scene of the killing and talked with the victim's family, villagers, Gram Panchayat [local body] members and eyewitnesses. MASUM also contacted the police station and was informed that a specific police case [vide Raninagar PS, Case no. 129 dated 28 June 2006 under Sections 147/148/186/353/307 of the Indian Penal Code] was registered and initiated upon a written complaint by Mr. Srikumar B.K., the Company Commandant, 136 Battalion, BSF, Harudanga post, Murshidabad district. The grievance that was lodged against Mithun was classified as a criminal complaint, while the complaint lodged by Mithun?s father was ignored and dismissed by the local police.

Subsequently, Sub Inspector Mr. Ayub Ali Molla who was appointed as the Investigating Officer of the case informed MASUM that in the case, the BSF had registered Mithun's age as being 20. However a certificate issued by the principal of the primary school where Mithun was studying indicates that Mithun was born on 4 March 1993.

When the MASUM followed up on the case they were informed that the inquest report by Mr. Ayub Ali Molla confirmed that there were large cut marks and injuries sustained by the victim, probably due to the use of a sharp weapon on his head and left hand. Bullet wounds were also found in the chest and back of the victim's body. This was a clear case of murder. Mithun was a minor and an unarmed civilian, who posed no threat to the officers. Even though in this instance force was employed on the pretext of combating smuggling, it was nevertheless inexcusable that a 14-year-old boy was tortured and killed.

BACKGROUND INFORMATION:

India shares a considerable border with Bangladesh, which is extremely porous. The border crosses rivers, villages, paddy fields and jute fields, making it easy to cross. For many years, this border has been facing problems of illegal immigration, smuggling, arms trafficking, drug trafficking and the trafficking of women and children. To deal with some of these problems, India has deployed border security forces to deal with infiltration at the border. However, no consideration has been afforded to people near the border area, a "no man`s land", who have predominantly been branded as immigrants from Bangladesh and thus have been discriminated against at various levels.

The Government of India erected boundary fencing and a boundary road to prevent "infiltration". In many places of Nadia, Murshidabad, North 24 Parganas, South 24 Parganas, Dinajpur and other areas. This fencing and border road (BSF road) runs 5-10 kilometres inside the Indian territory from the actual border. In these areas, many of the local people who have resided there for centuries cannot gain entry into their own land without the "permission" of the BSF. In many areas, school buildings, temples, and mosques fall on the other side of the fencing. Only two times a day can people use this border road or enter or leave from the fencing gate: once in the morning for half-an-hour and once in the evening for half-an-hour. Farmers are dependent upon the protection of the BSF to continue their livelihood and are also at their mercy. Due to this situation, common legal remedies are meaningless and farmers are prevented from voicing their concerns.

Mithun's murder is only one of the many human rights violations that the AHRC has reported on in recent times regarding the Border Security Forces operating along the Indo-Bangladesh border (please see UA-184-2006,UA-174-2006, UA-146-2006, UA-217-2005, UA-79-2005, FA-04-2005 and UA-18-2005). Evident from these cases is that the BSF personnel enjoy absolute impunity and it has become common practice for officers to profit from illegal trade and to exploit situations by colluding with smugglers.

[  ahrchk.net

6 July 2006

BANGLADESH

3 polizisten haben eine 65 jährige frau zu tod geprügelt. die drei beamte der savar polizei wache kamen am 2. juli zum haus der frau und suchten ihren sohn. weil die frau die in zivil gekleideten polizisten nach einem ausweis fragte, erschlugen die männer sie.

BANGLADESH: Torture; extra-judicial killings; impunity; collapse of rule of law

The Asian Human Rights Commission (AHRC) has received information that a sixty-five year-old woman named Mrs. Nayan Banu was beaten to death by three police men from the Savar Police Station at the victim's house in Dhaka District on 2 July 2006. She was allegedly killed because she asked for the identity of a plain-clothed police team that came to her house to look for her son. More seriously, the police refused to record this murder case and have not taken any serious action to arrest the perpetrators. Even though the authorities have suspended all three perpetrators from service, none of them have yet been arrested.

On 16 June 2006, Mr. Montu Mian of Nikrail village lodged a kidnapping case with the Savar Police Station against seven persons regarding the elopement of his teenaged daughter Disari Akter Tumpa with her boyfriend Jewel two days before (June 14). Jewel and his father Mr. Badsha Mian were among the accused of the kidnap case filed by Mr. Mian.

At around 8:30pm on July 2, the Sub Inspector (SI) Mokhlesur Rahman, who was the investigation officer of the kidnapping case, went to Badsha's house with two police consulates to arrest him. Badsha was not home at that time. The three were armed and in civilian clothes. Badsha's sixty-five year-old mother Mrs. Nayan Banu did not allow the police to come into the house and asked for identification because she suspected that they were criminals. The police then became furious and began to brutally beat her to death. The SI Mokhlesur kicked Mrs. Nayan on her abdomen. When she fell on the ground, the policemen proceeded to beat her with boots and riffles. As a result, Mrs. Nayan died at the scene. Several women from neighbouring houses came to rescue Mrs. Nayan and were also brutally beaten by the police, including Mrs. Momtaj Begum who was considerably injured.

Learning of the death of Mrs. Nayan, outraged villagers chased the policemen, who then fled by taxi. The people of the adjacent areas started a demonstration protesting the victim's death the same night. Then, the Upazilla Nirbahi Officer (UNO), Mr. Salahuddin Nagri, and the Assistant Superintendent of Police (ASP) of the Savar Circle, Mr. Saidur Rahman, visited the place of the incident late at night and assured the villagers that the alleged perpetrators would be punished exemplarily.

A First Class Magistrate of the Dhaka Judge's Court, Mrs. Suraya Parvin Shelly, prepared a inquest report on the victim's body. The inquest report mentioned that the signs of injuries were found on the head, abdomen and on the back of the dead body. The doctors of the Forensic Medicine department of the Dhaka Medical College Hospital (DMCH) have conducted the post mortem of which the report has not yet been revealed. The Second Officer of the Saver police station, SI Mr. Mortuza Kabir, lodged an 'Unnatural Death' (UD) case (Case No.: 24/2006) regarding this incident on July 3. The victim's son, Mr. Badsha Mian alleges that the Savar police refused to record his complaint regarding the murder of his mother on July 4. They will go to court and seek justice regarding the incidence. The Savar police recorded the compliant as a General Diary (GD), number 192, instead of a First Information Report (FIR).

The Officer-in-Charge (OC), Mr. Akhtaruzzaman, explains that the UD case will be turned into a murder case if the post-mortem report asserts the death as a homicide. The key perpetrator, SI Mr. Mokhlesur Rahman, and the two constables were suspended from their duties by the authorities. However, none of the three perpetrators have yet been arrested. The victim's family and the villagers demanded an arrest and trial of the alleged perpetrators saying that 'suspension is nothing but an eyewash'.

[  ahrchk.net

5 July 2006

SRI LANKA

ein 24 jähriger mann wurde unter einer falschen anklage von der kurunegala polizei festgenommen und drei tage gefoltert.

SRI LANKA : Torture; collapse of rule of law

The Asian Human Rights Commission (AHRC) has received information regarding a brutal torture of a 24-year-old man named D Chamara Lanka by the Kurunegala police during his arbitrary detention from 27 to 30 May 2006. He was arrested on the allegation of his involvement in a theft case. The manner he was tortured by the police is very brutal and he was illegally detained about 3 days in violation of the law. According to the Sri Lankan law, the police must produce a person before court within 24 hours after the arrest. The victim claims that the police implicated him with fabricated charges. During his detention at the police station, the victim had not received any medical attention despite his serious injuries due to torture. He was released on bail on June 4.

On 27 May 2006 two policemen from the Kurunegala Police Station came to the house of Mr. D Chamara Lanka, 24-year-old three wheel driver, in Puttalam Road, Kurunegala, Sri Lanka. As Chamara Lanka was not at home at that time, the policemen left a message for him to come to the police station. After receiving the message upon his return home, he went to the police station at around 5:30pm according to the police's instruction. As the police also ordered his parents to accompany him they also went along with their son to the police station.

The Officer-in-Charge (OIC) of crimes branch then accused Chamara of being involved in a theft at a nearby house. Even though Chamara denied this accusation and claimed that he knew nothing about the incident, the OIC simply turned down his claim and instructed a policeman to detain him. Accordingly, this policeman handcuffed Chamara to a bar of a window at the police station and chased his parents away. Chamara remained handcuffed to a bar of the window for several hours until about 9:00pm to 10:00pm that night. Thereafter another policeman in civilian clothes walked up to Chamara and began questioning him about the theft. He also assaulted him with a pole whilst questioning him. Although Chamara denied his involvement, the policeman continue to brutally beat the whole of his body, especially on his feet, buttocks and back for about half an hour. He then left him handcuffed to the window bar until the following morning (May 28).

At around 2:30pm on May 28, several policemen took him to another room at the police station. They forced him to lie on the ground and placed his arms and feet together. They then inserted an iron pole between his arms and legs and suspended the pole between two tables. Due to this, Chamara was left precariously dangling by his limbs on the pole (this method of torture commonly used by Sri Lankan police is called the "Dharma Chakraya"). They then began to assault him all over his body, while demanding him to confess where he hided the stolen goods. Chamara screamed helplessly due to unbearable pain but the policemen did not stop torturing him. After that, the policemen poured water on his face causing him to almost suffocate. Despite the fact that he was severely injured and unable to walk, they put him into the lock-up without giving any medical attention.

Chamara was taken to the Kurunegala General Hospital only in the afternoon of the following day (May 29). He reported the doctors, who examined him, that he was brutally tortured by the police. However he was brought back to the police station after receiving inadequate medical treatment. The police then recorded his statement and forced him to sign a document the contents of which he was not informed of.

Even though a person arrested must be brought before a magistrate court within 24 hours after his/her arrest, Chamara was only produced before the Kurunegala Magistrate's Court only on May 30 (three days after his arrest) with charges of theft. However, the victim insists that the charges were fabricated by the police. The court ordered to release him on bail. However no one was present at the court to pose bail for him as the police did not properly inform the victim's family of his appearance in court. Subsequently, Chamara was remanded until June 4 on which date he was released on bail. As soon as he was released, Chamara was rushed to the Cooperative Hospital in Kurunegala where he obtained medical treatment for his serious injuries.

[  ahrchk.net

4 July 2006

SRI LANKA

ein am 28. juni festgenommener mann wird seitdem von beamten der meegahathenna polizei gefoltert.

SRI LANKA: Illegal detention; police torture; un-rule of law

The Asian Human Rights Commission (AHRC) calls for your urgent intervention to support a young man named Amitha Deepthi Kumara who is currently in illegal police custody and receives continued torture at the Meegahathenna Police Station in Sri Lanka. The police arrested him on the allegation of his involvement in a case of theft on 28 June 2006. However, the process of the arrest was illegal and the police have kept the victim in illegal police custody for six days since his arrest (i.e. 28 June to July 4) even though a person arrested must be produced before a magistrate court within 24 hours after the arrest. The victim's family reported the incident to various governmental authorities including the Human Rights Commission of Sri Lanka but up to now there has yet to be any action taken to release the victim from the police custody or arrest the perpetrators.

At around 8:30am on 28 June 2006, Amitha Deepthi Kumara (22) was arrested by the Meegahathenna police along with his friend while they were walking along the road. The police did not show any arrest warrant during the process of the arrest. The two men were then taken to the Meegahathenna Police Station where they were brutally assaulted by the police. The police accused Mr. Kumara of involvement in a case of theft. After being informed her son's arrest, Mr. Kumara's mother went to see her son on the next day (June 29) but the police did not allow her to meet him. However, she did learn about the brutal police torture of her son. The mother then informed the Human Rights Commission (HRC) of Sri Lanka via telephone and fax regarding her son's illegal arrest and torture on the same day.

On June 30, a local human rights group called Janasansadaya also reported this incident to the HRC via fax about the continued torture of Mr. Kumara. However, Mr. Kumara remains in the police custody and has continued to be tortured by the police until now. According to Sri Lankan law, a person arrested should be produced before the magistrate court within 24 hours after his/her arrest. The Meegahathenna police have not brought the victim to the magistrate court for 6 days since his arrest (i.e. 28 June to July 4) and are detaining him illegally. It seems that the 'torture hotline' of the HRC is totally ineffective and/or the police completely disregard the Commissioners. The commissioners of Sri Lanka's Human Rights Commission have been chosen directly by the Executive President, bypassing a constitutional provision which prohibits such a choice, even though the Constitution of Sri Lanka requires the selection of commissioners to be done by the Constitutional Council, on the basis of merit. Since then, the HRC has lost its independence and competence and become defective to protect the people's rights.

[  ahrchk.net