Dear friends,
The Asian Human Rights Commission (AHRC) has received information that Mr. Janaka Darshana Kumara was arrested on suspicion of rape by Officer-in-Charge of Sub Police Watch, Deniyaya, while Janaka was at his sister’s place. He was taken to Matara Headquarters Police Station where he was tortured brutally, harassed sexually and detained illegally by the Senior Superintendent of Police (SSP) Matara, Deshabandu Thennakoon. After three days of detention he was forced to promise not to take any action against them and released after a false certificate from a Judicial Medical Officer (JMO) was produced. Due to this torture, Janaka was admitted for three days at the Karapitiya Teaching Hospital. This case is yet another illustration of the exceptional collapse of the rule of law in the country.
CASE NARRATIVE:
Mr. Agiliyage Janaka Darshana Kumara of Weraluwa, Yatihoragala, Waralla in Matara District is 29 years married and a father of three children. He is businessman by profession. On 11 December 2012, when Janaka was at his sister’s place at Hatangewaththa, Yatihoragala, Waralla, he received a message through his brother-in-law, Piyadewa Gamage, to go to the Kosmodara Police Station.
Accordingly, Janaka went to the police station on his father-in-law’s motor bike at about 6.45 pm with his brother-in-law. When they entered to the police station he observed that there were four policemen in the front of the station. Janaka recognized two of them as the OIC of Kosmodara Police Station, Kodikara and Sergeant Gunadasa. The OIC told Janaka that they asked him to come to discuss a matter concerning a ‘Chaly’ motor bike (‘Chaly’ is one of the motor bikes used in Sri Lanka).
The police officers ordered them to get into a cab which was parked there and they drove to a place near a shop beloing to one Sandun. It was about 7.10 am. Within 10 minutes Mr. Bandula Priyantha, OIC of Deniyaya Police Station arrived and asked the policeman who had accompanied Janaka and his brother-in-law as to whether they had a connection to the said case. The policeman replied that they hadn’t and he said that they were captured in a case connected to a bike. The OIC went away and within 20 minutes the OIC of Kosmodara Police Station and Sergeant Gunadasa came with a woman known as “Nuwara Aunty” and they had a discussion. Then Janaka and his brother-in-law were put in handcuffs and they were taken to the Office of the Senior Superintendent of Police (SSP), Matara at about 10.00 am, Mr. Deshabandhu Thennakoon. The SSP questioned them as to whether they were involved in the case. They both replied that they had done nothing. Then the SSP told them to tell the truth, otherwise he would hang them at Kosmodara Junction and shoot them dead.
Later at about 10.30 am they were taken again to the Headquarters Police Station of Matara. A policeman took them to a place known as the ‘Mess’ which was near the Women’s Affairs Section of the station. The police officer whom they followed (later known as Mendis) carried a 2 by 2 wooden pole with him. Later Janaka was released from handcuffs and was taken close to a table. It was then that the OIC of Deniyaya Police Station arrived. Then the officer called Mendis asked Janaka, “Do you know your charges?” He replied “No”, as he knew nothing. OIC was then charged Janaka for breaking a door of a house, stealing 11 thousand rupees, a mobile phone, tying up an old woman and raping her. Mr. Mendis said that the woman had identified Janaka. Janaka denied that he had done any of these things. Then Mr. Mendis started to beat his buttocks with the wooden pole causing Janaka to fall due to the pain. The officer shouted at Janaka, made him stand up, then ordered him to keep his hands on the table and beat his back three times with the pole.
Janaka pleaded with the officer, “Sir, don’t beat me, I have three children, and if something would happened to me they would be helpless. I didn’t do any wrong act”. This beating was seen by his brother in law who was standing there. After that his brother in law was beaten by Mr. Mendis rigorously. Blood was coming out of his mouth after he was slapped by the officer. Then again Mr. Mendis came to Janaka and asked him to tell him the truth, beating his back several times.
Then the officer said that, “The woman said that the crime was done by two of you. So just accept it without undergoing harsh beatings unless you would be taken into custody on a case of drugs or bomb”.
Then he was made naked, his mouth and nose was wrapped by a shirt and forced him to sit on a chair. His head was forced backwards and water was poured over the cloth covering his face. Water filled in his throat and it was hard to breathe. When he screamed it was stopped but again and again the same thing was happened continuously until the large cup of water was empty.
Then he was released and ordered to put on a shirt and a pair of shorts. Then again they put them in handcuffs and placed them in a jeep. The said victim, “Nuwara Aunty” was also in the jeep. The jeep was driven to the Deniyaya Police Station. It was about 4.30 pm and they were kept in the police cell until 7 pm. During this time they were given nothing to eat or drink. His mother and sister came to see them and Janaka told them that they were beaten at Matara and showed them the marks on his back. They brought two packets of rice for them to eat since they were starving. Later they were taken out of the cell and they sat on a bench till the next morning.
The next day (12.12. 2012), they were taken again to the Office of SSP, Matara at about 11.00 am. Then they were asked to load some clothes of police uniforms to jeep of Deniyaya. After it was done they were taken into a room inside the office and asked to sit on the floor. After one hour they were taken to the room of the SSP, Mr. Deshabandhu Thennakoon who told them “You haven’t said anything. Okay. You will hear it today. Many people have been taken to you. I know how to get the truth. Remove your cloths” Then he took a 2ft pole.
Then Janaka had to remove his clothes and was shown a bottle of Siddhalepa balm. He was forced to apply it on his penis. The SSP squeezed and dragged his scrotum and penis asking to tell him the truth. He cried and pleaded that he was innocent. He was struck on his thighs and back seven or eight times with that pole. Then his brother in law was brought in and made to undress. He was told to apply Balm on his penis too and he obeyed. He was also instructed to apply some on Janaka and he did so.
Mr. Deshabandhu beat his brother in law’s back with that pole several times, forcing him to tell the truth. Then he screamed telling him, “We haven’t done this. If we would be guilty after undergoing a DNA test, you can kill us and we won’t be angry with you sir. Please search for the real criminals. Till then we would willing to wait here for weeks.”
Then the SSP asked Janaka whether they had a suspicion of someone. Then he replied “He got to know about this incident after he was taken here. So he has no suspicion on anyone” Then he asked about two people in names, he recognized one of them and agreed to show him, since he was close to his residence. He was carried with four police officers by a cab at about 3.00 pm. They reached Morawaka, had lunch, then again reached to his shop situated at, Bengamuwa Road, Haldela Junction. He was taken to his place and they were there for 30 minutes. Finally at around midnight they returned to Matara. Then he was again taken to the office of SSP at about 3.15 am. This time he was handcuffed to a table. He was kept there until 2 pm of 13 of December, 2012.Then he was sent to Deniyaya Police Station at about 5 pm. He had to sit on a bench upstairs and saw that his brother-in-law was there.
Then next day (14.12. 2012) at about 11.30 am., the OIC, Deniyaya Police Station asked them to tell medical officer that they hadn’t any injuries or were suffering any pain. He explained that it would help them with getting released earlier. Janaka and his brother-in-law were in further fear of further torture so they agreed with him. Then they were taken to Government Hospital of Deniyaya at 2 pm, and directed to a doctor. Sergeant Samantha was there with them and without checking them, only hearing that the police didn’t torture them, the doctor issued a report for them and handed over it to the Sergeant.
After this they were taken to the Deniyaya Police Station where statements were recorded. Following this they were released them on police bail without being produced in any court or being charging for anything. When Janaka returned home it was about 4 pm and due to severe bruising on his back he was admitted to Karapitiya Teaching Hospital at about 9 pm. He was transferred to accident ward and the following day again to the ward number 4. There he told that he was tortured by the police, so that he was directed to the Judicial Medical Officer (JMO) on 15 and 17 of December, 2012. He underwent X-ray diagnostic examination. He was discharged on 18 of December, 2012, after 4 days of treatment. He continues to receive treatment for the bruising.
Regarding his rights violations Janaka made written complaints to the Sri Lanka Human Rights Commission (HRC), the Inspector General of Police (IGP), the National Police Commission (NPC), and the Attorney General (AG) on 21 of December, 2012. Until now Janaka has not received any information concerning the initiation of a credible, impartial and independent investigation into his rights violations. Janaka appeals for justice.
SUGGESTED ACTION:
Please send a letter to the authorities listed below expressing your concern about this case and requesting an immediate investigation into the allegations of imminent threat of illegal arrest, illegal detention, torturing by the police perpetrators, and the 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
SAMPLE LETTER
Dear ________,
SRI LANKA: A young man was tortured by Senior Superintendent of Police of Matara
Name of the victim: Mr. Agiliyage Janaka Darshana Kumara of Weraluwa,Yatihoragala,Waralla in Matara District
Alleged perpetrator:
1. Senior Superintendent of Police (SSP) Matara, Deshabandu Thennakoon
2. Officer-in-Charge (OIC) of Deniyaya Police Station and
3. Police Officer Mendis
Date of incident: 11 December 2012
Place of incident: Matara Police Division
I am writing to express his serious concern over the case of Mr. Agiliyage Janaka Darshana Kumara of Weraluwa,Yatihoragala,Waralla in Matara District. Janaka is 29 years married and a father of three children. He is businessman by profession. On 11 December 2012, when Janaka was at his sister’s place at Hatangewaththa, Yatihoragala, Waralla, he received a message through his brother-in-law, Piyadewa Gamage, to go to the Kosmodara Police Station.
Accordingly, Janaka went to the police station on his father-in-law’s motor bike at about 6.45 pm with his brother-in-law. When they entered to the police station he observed that there were four policemen in the front of the station. Janaka recognized two of them as the OIC of Kosmodara Police Station, Kodikara and Sergeant Gunadasa. The OIC told Janaka that they asked him to come to discuss a matter concerning a ‘Chaly’ motor bike (‘Chaly’ is one of the motor bikes used in Sri Lanka).
The police officers ordered them to get into a cab which was parked there and they drove to a place near a shop beloing to one Sandun. It was about 7.10 am. Within 10 minutes Mr. Bandula Priyantha, OIC of Deniyaya Police Station arrived and asked the policeman who had accompanied Janaka and his brother-in-law as to whether they had a connection to the said case. The policeman replied that they hadn’t and he said that they were captured in a case connected to a bike. The OIC went away and within 20 minutes the OIC of Kosmodara Police Station and Sergeant Gunadasa came with a woman known as “Nuwara Aunty” and they had a discussion. Then Janaka and his brother-in-law were put in handcuffs and they were taken to the Office of the Senior Superintendent of Police (SSP), Matara at about 10.00 am, Mr. Deshabandhu Thennakoon. The SSP questioned them as to whether they were involved in the case. They both replied that they had done nothing. Then the SSP told them to tell the truth, otherwise he would hang them at Kosmodara Junction and shoot them dead.
Later at about 10.30 am they were taken again to the Headquarters Police Station of Matara. A policeman took them to a place known as the ‘Mess’ which was near the Women’s Affairs Section of the station. The police officer whom they followed (later known as Mendis) carried a 2 by 2 wooden pole with him. Later Janaka was released from handcuffs and was taken close to a table. It was then that the OIC of Deniyaya Police Station arrived. Then the officer called Mendis asked Janaka, “Do you know your charges?” He replied “No”, as he knew nothing. The OIC was then charged Janaka for breaking a door of a house, stealing 11 thousand rupees, a mobile phone, tying up an old woman and raping her. Mr. Mendis said that the woman had identified Janaka. Janaka denied that he had done any of these things. Then Mr. Mendis started to beat his buttocks with the wooden pole causing Janaka to fall due to the pain. The officer shouted at Janaka, made him stand up, then ordered him to keep his hands on the table and beat his back three times with the pole.
Janaka pleaded with the officer, “Sir, don’t beat me, I have three children, and if something would happened to me they would be helpless. I didn’t do any wrong act”. This beating was seen by his brother in law who was standing there. After that his brother in law was beaten by Mr. Mendis rigorously. Blood was coming out of his mouth after he was slapped by the officer. Then again Mr. Mendis came to Janaka and asked him to tell him the truth, beating his back several times. Then the officer said that, “The woman said that the crime was done by two of you. So just accept it without undergoing harsh beatings unless you would be taken into custody on a case of drugs or bomb”. Then he was made naked, his mouth and nose was wrapped by a shirt and forced him to sit on a chair. His head was forced backwards and water was poured over the cloth covering his face. Water filled in his throat and it was hard to breathe. When he screamed it was stopped but again and again the same thing was happened continuously until the large cup of water was empty. Then he was released and ordered to put on a shirt and a pair of shorts. Then again they put them in handcuffs and placed them in a jeep. The said victim, “Nuwara Aunty” was also in the jeep. The jeep was driven to the Deniyaya Police Station. It was about 4.30 pm and they were kept in the police cell until 7 pm. During this time they were given nothing to eat or drink. His mother and sister came to see them and Janaka told them that they were beaten at Matara and showed them the marks on his back. They brought two packets of rice for them to eat since they were starving. Later they were taken out of the cell and they sat on a bench till the next morning.
The next day (12.12. 2012), they were taken again to the Office of SSP, Matara at about 11.00 am. Then they were asked to load some clothes of police uniforms to jeep of Deniyaya. After it was done they were taken into a room inside the office and asked to sit on the floor. After one hour they were taken to the room of the SSP, Mr. Deshabandhu Thennakoon who told them “You haven’t said anything. Okay. You will hear it today. Many people have been taken to you. I know how to get the truth. Remove your cloths” Then he took a 2ft pole. Then Janaka had to remove his clothes and was shown a bottle of Siddhalepa balm. He was forced to apply it on his penis. The SSP squeezed and dragged his scrotum and penis asking to tell him the truth. He cried and pleaded that he was innocent. He was struck on his thighs and back seven or eight times with that pole. Then his brother in law was brought in and made to undress. He was told to apply Balm on his penis too and he obeyed. He was also instructed to apply some on Janaka and he did so.
Mr. Deshabandhu beat his brother in law’s back with that pole several times, forcing him to tell the truth. Then he screamed telling him, “We haven’t done this. If we would be guilty after undergoing a DNA test, you can kill us and we won’t be angry with you sir. Please search for the real criminals. Till then we would willing to wait here for weeks.” Then the SSP asked Janaka whether they had a suspicion of someone. Then he replied “He got to know about this incident after he was taken here. So he has no suspicion on anyone” Then he asked about two people in names, he recognized one of them and agreed to show him, since he was close to his residence. He was carried with four police officers by a cab at about 3.00 pm. They reached Morawaka, had lunch, then again reached to his shop situated at, Bengamuwa Road, Haldela Junction. He was taken to his place and they were there for 30 minutes. Finally at around midnight they returned to Matara. Then he was again taken to the office of SSP at about 3.15 am. This time he was handcuffed to a table. He was kept there until 2 pm of 13 of December, 2012.Then he was sent to Deniyaya Police Station at about 5 pm. He had to sit on a bench upstairs and saw that his brother-in-law was there.
Then next day (14.12. 2012) at about 11.30 am., the OIC, Deniyaya Police Station asked them to tell medical officer that they hadn’t any injuries or were suffering any pain. He explained that it would help them with getting released earlier. Janaka and his brother-in-law were in further fear of further torture so they agreed with him. Then they were taken to Government Hospital of Deniyaya at 2 pm, and directed to a doctor. Sergeant Samantha was there with them and without checking them, only hearing that the police didn’t torture them, the doctor issued a report for them and handed over it to the Sergeant. After this they were taken to the Deniyaya Police Station where statements were recorded. Following this they were released them on police bail without being produced in any court or being charging for anything.
When Janaka returned home it was about 4 pm and due to severe bruising on his back he was admitted to Karapitiya Teaching Hospital at about 9 pm. He was transferred to accident ward and the following day again to the ward number 4. There he told that he was tortured by the police, so that he was directed to the Judicial Medical Officer (JMO) on 15 and 17 of December, 2012. He underwent X-ray diagnostic examination. He was discharged on 18 of December, 2012, after 4 days of treatment. He continues to receive treatment for the bruising.
Regarding his rights violations Janaka made written complaints to the Sri Lanka Human Rights Commission (HRC), the Inspector General of Police (IGP), the National Police Commission (NPC), and the Attorney General (AG) on 21 of December, 2012. Until now Janaka has not received any information concerning the initiation of a credible, impartial and independent investigation into his rights violations.
I further request your urgent intervention to ensure that the authorities instigate an immediate investigation into the allegations of imminent threat of illegal arrest, illegal detention, torture by the police perpetrators, and the prosecution of those proven to be responsible under the criminal law of the country for misusing powers of state officers and for wrongful prosecution. The officers involved must also be subjected to internal investigations for the breach of the department orders as issued by the police department.
Yours sincerely,
———————
PLEASE SEND YOUR LETTERS TO:
1. Mr. N K Illangakoon
Inspector General of Police
New Secretariat
Colombo 1
SRI LANKA
Fax: +94 11 2 440440 / 327877
E-mail: igp@police.lk
2. Mr. Sarath Palith Fernando
Attorney General
Attorney General’s Department
Colombo 12
SRI LANKA
Fax: +94 11 2 436421
E-mail: ag@attorneygeneral.gov.lk
3. Secretary
National Police Commission
3rd Floor, Rotunda Towers
109 Galle Road
Colombo 03
SRI LANKA
Tel: +94 11 2 395310
Fax: +94 11 2 395867
E-mail: npcgen@sltnet.lk or polcom@sltnet.lk
4. Secretary
Sri Lanka Human Rights Commission
No: 165 Kynsey Road,
Borella, Colombo 8.
SRI LANKA
Fax: +94 11 2694924
Email: sechrc@sltnet.lk
Thank you.
Urgent Appeals Programme
Asian Human Rights Commission (ua@ahrc.asia)
