SRI LANKA: An innocent man is accused of stealing a bunch of bananas and tortured by the police and Civil Security Force officers

Dear friends,

The Asian Human Rights Commission (AHRC) has received information that Mr. Weerasinghe Gamage Kularathne is a farmer by profession. On 16 January he was taking some bananas that he had cultivated to market in order to sell them when he was stopped by officers of the Civil Security Force. The officers accused him of stealing the bananas and called Mr. M.A Nishantha Dinash Pradeep who they claimed was the rightful owner. The officers, who were inebriated at the time, abused the victim both physically and verbally. As Mr. M.A Nishantha Dinash Pradeep had a grudge against Kularathne due to a land dispute it is apparent that he used his connections with the Civil Security Force officers in order to harass and torture Mr. Kularathne. Despite making numerous complaints to the authorities Kularathne has not received any assistance and no inquiry has been instituted into the violation of his rights

This case is yet another illustration of the exceptional collapse of the rule of law in the country.

CASE NARRATIVE:

According to the information received by the Asian Human Rights Commission (AHRC) Mr. Weerasinghe Gamage Kularathne (57) of No: 128, Mahavelikadaara, Suriyavewa in the Hambantota District is a farmer by profession.

On 16 January at around 2.30 pm, two officers of the Civil Security Force (CSF) attached to the Maurapura Police Check Point, belonging to the Ambalanthota Police Station, arrived by motor bike and signaled him to stop his tractor (vehicle number SF 5227) at Bolhinda junction. At that time his tractor was full of bunches of bananas and he was in his way to the market to sell them.

The officers questioned him as to the ownership of the bananas. They said that they were from the police and they wanted to search his vehicle. The officers were in plain clothes but wearing their uniform boots and appeared to be inebriated. They grabbed his mobile phone and threw it to the ground so that it was damaged. Then they asked him if he had stolen the bananas and he replied that they were his own property. At that one of the officers slapped him, hurting his left ear and causing him to feel faint. The CSF officers then started using obscene language at him. They then made a phone call to Mr. M.A Nishantha Dinash Pradeep and told him that, “We have caught him so come soon”. Then they told Kularathne that they were arresting him for stealing the bananas. When Nishantha Dinesh came he told the officers, “Yes this is the thief who stolen my bananas”. Then he chose a bunch with nine bananas and said that it belonged to him.

Kularathne asked him how he could tell one bunch of bananas from another and asked him to prove it. They officers, however, told him they were convinced that he was the thief so he told them they could visit him farm and they would see the fresh cut marks on his trees. At this they started beating him again and cursing him in foul language. Then they tried a new tactic and told him that it he admitted to the theft he could be easily released without having to go to court. At first he refused so they continued to beat him. Finally he felt that he had no other option than to do as they wanted. Then they asked him to pay Rs. 4,500 but could reduce it to 3500. At that time he did not have that sum of money on him so they told him to write a promissory note. As Kularathne is illiterate one of Nishantha’s friends wrote it and forced him to sign it. It was only then that they released Kularathne.

Kularathne went to the Sooriyavewa Police Station and made a complaint which was recorded under reference, CIB 11/, 63/195 on 13 January 2014 and the following day he brought a copy of the complaint to the Ambalanthota Police Station as well. Then they checked the complaint book and told him that they had received another complaint from Nishantha Dinesh about the same incident. The police officer told him that as Nishantha is the person who made a complaint first he had to return to the police station for an inquiry on the 19 January, 2014. The following day both parties came to the police station on time and the inquiry was started. However they failed to settle the matter so the police officer brought it to the Officer-in-Charge (OIC) at the Ambalanthota Police Station. The OIC made inquiries and after listening to both parties he blamed the officers who had slapped and beaten Kularathne. When the OIC asked him what he wanted Kularathne requested Rs. 20,000 in compensation and the return of his bananas which were at the Ambalanthota Police Station. However, the OIC told him he could not settle the matter and would have to refer it to his superior officer.

M.A Nishantha Dinash Pradeep, who is also known as ‘Kaluwa’, is from the same village as Kularathne and was angry with him as they had a land dispute. Kularathne believes that Kaluwa tried to take revenge on him by using the Civil Security Force officers, Indunil, Police Sergeant Sunil and one other to arrest him on the false charge of stealing his bananas. Kularathne states that this whole incident was false and created to arrest and harass him. Due to the injuries he suffered as a result of the police torture he was admitted to the Ambalanthota Government Hospital on 24 January where he was treated until 25 January.

Kularathne made a complaint to the Sri Lanka Human Rights Commission against the violation of his rights on 21 January 2014. Kularathne denies all the allegations made against him and feels that his fundamental rights were denied. Kularathna complained to the Officer in Charge (OIC) of the Police Station, the Assistant Inspector General of Police (ASP), and Senior Superintendent of Police (SSP) of the area, the Attorney General’s Department, the Human Rights Commission of Sri Lanka (HRC), the Inspector General of Police (IGP), and the National Police commission (NPC), seeking an independent, impartial, prompt and efficient inquiry into his rights violations. However, as is typical in Sri Lanka none of these authorities have initiated any inquiry into this which adds to the violations of his rights. Kularathne and his family members seek justice and the protection of his rights as enshrined in the Constitution of Sri Lanka.

SUGGESTED ACTION:

Please send a letter to the authorities expressing your concern about this case and requesting an immediate investigation into the allegations torturing an innocent man by the police officers and denying justice and independent inquiry by the police officers. Please request the authorities for prosecution of those proven to be responsible under the criminal law of the country for misusing powers of a state. The officers involved must also be subjected to internal investigations for the breach of the department orders as issued by the police department. Further, please also request the NPC and the IGP to have a special investigation into the malpractices of the police officers for abusing the state officers’ powers.

Please note that the AHRC has also written a separate letter to the Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment on this regard.

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