SRI LANKA: A man was severely tortured, illegally arrested and detained by the Welipenna police who then filed fabricated charges against him

Dear friends, 

The Asian Human Rights Commission (AHRC) has received information that a man was severely tortured before being illegally arrested and detained by officers of the Welippena Police Station. Following the torture the officers displayed the man in public before the villagers before taking him to the station where they later filed fabricated charges against him. He has been enlarged on bail and treated for his injuries at the General Hospital of Nagoda. 

CASE NARRATIVE: 

According to Mr. Hewawasam Sarukkalige Rathnasiri Fernando (50) of No: 07 D, Warapitiya, Darga Town he is married and the father of four children. He is a toddy tapper by profession. 

On 9 August 2010 around 3.30 pm he was in his usual working place at Aandawala, Parapathkotuwa. At that time he was honing the knife that he uses for his work. He noticed two unknown persons in civilian clothes entering the area. They inquired of him the possibility of buying some toddy as they like it. He told them that there was none available and he could not provide any. They repeated their requests which turned into demands. However, he repeatedly gave them the same answer. When they started to threaten him he asked them who they were. Then they revealed that they were from the police and one of them tried to grab the knife that was in his hand. The person who did accidently received a small cut injury on his hand. 

The same officer ceased the knife and ran it down Rathnasiri’s back cutting it deeply. The wound subsequently required nine sutures to close. While the wound on his back was bleeding profusely the two officers started to assault him by kicking and punching him. They struck him about the body, face, chest and stomach. They tore off his clothes and use the rags to tie his hands behind his back. He was then forced to walk for about 400 meters in front of a crowd of people who pleaded with the officers not to assault him further. They told them he was innocent and suffering from illness. 

Rathnasiri learned later that one of the witnesses took a video of the incident with his mobile phone which clearly reveals how the victim was tortured. The women who witnessed this act of violence were able to release Rathnasiri’s hands and dressed the wound on his back with some fabric. One person in the crowd brought some clothes and help to dress Rathnasiri. 

The people surrounded the police officers and accused them of being drunk and doing an inhumane act which the officers arrogantly accepted. In doing so they were indicating that they had no fear of any repercussions. The people objected to the officers to forcing Rathnasiri to walk as they felt his condition would worsen. However, at that time three more police officers came to the scene in a three-wheeler and took him to Welippena Police Station. 

In the police station Rathnasiri was asked to sit on a bench. The Officer-in-Charge (OIC) of the station called him and the two officers involved in the torture and arrest to his office. After Rathnasiri revealed how these two officers tortured him the OIC shouted at the officers in front of him. After one and a half hours the two officers who tortured him brought Rathnasiri to the house of a doctor of the Government Hospital of Watthewa by a truck. On arrival the two officers went into the doctor’s room and spoke with him for a considerable time. They then produced Rathnasiri before a lady doctor to whom he explained all that had happened to him at the hands of these officers. After examining his injuries the doctor directed them to take Rathnasiri to the Watthewa hospital as sutures were needed as the condition of the injuries was serious. He was then brought to the hospital where the doctors admitted him for further treatment. The police officers at the scene advised the officer who had a minor injury on his hand to also get admitted to the hospital. 

The following morning as Rathnasiri noticed unusual pain in his ears which he pointed out to the doctor. After examining him and finding some bleeding in his ears the doctor referred him to the General Hospital of Nagoda for further treatment. When the doctor asked the reason for not showing the ear condition on admission Rathnasiri explained that at the time his ears were numb. 

The same doctor who examined Rathnasiri also examined the policeman with the minor cut on his hand and informed him, in Rathnasiri’s presence that he could be discharged from the hospital. 

Later another doctor came and examined him while five more policemen witnessed the examination with the consent of the doctor. While the doctor was questioning Rathnasiri he revealed that he was experiencing pain at several places including his face, eyes, ears and chest. After the second doctor left the place two police officers came to Rathnasiri and informed him that they wanted to record a statement from him. Rathnasiri asked the officers which police station they are belonged to. When they replied that they were from Welippena Police Station Rathansiri told them that he had already given a statement. The officers told him that a well known businessman of the area, Mr. Siripala, had mentioned that the matter can be settled so they wanted to record a statement. They then forced him to sign a document which they had written which he did out of fear. Rathnasiri says the statement was not recorded from him and he was not allowed to read it. Furthermore the content of the statement was not read to him. He further says that he denied content of the statement. 

Around 3.30-4pm the hospital staff bought Rathnasiri to the General Hospital of Nagoda by state ambulance and the doctors admitted him to ward number 5B. However, due to the overwhelming number of patients a doctor told the officers that Rathnasiri could be discharged. Rathnasiri had to sit on a bench till 10pm. Then two prison officers came and brought him to the remand prison of Kaluthara where he was remained till 17 August. While he was in prison the authorities took measures to treat his injuries as well. 

On 17 August he was produced before the Magistrate of Matugama where he learned that the police had filed a fabricated cased against him accusing him for causing grievous hurt, causing minor hurt and obstructing the official duties of the police. Rathnasiri denied the charges and stated that these are baseless and that the police have introduced these fabricated charges to hide the truth behind cruelly torturing him. Further police officers filed one more fabricated case against him on possession of 40 grams of illicit liquor. Rathnasiri totally denied that charge as well. However after Rathnasiri successfully submitting the fact that he was severely subjected to torture the Magistrate directed the Judicial Medical Officer (JMO) of Colombo to examine him and send the report to the court. Considering the facts relating to Rathnasiri’s case the learned Magistrate enlarged him on bail. He was examined by JMO Colombo on 19 August and also examined by the Consultant Ear Nose Throat (Consultant doctor on ENT) on 20 August. 

Rathnasiri made several complaints to the Inspector General of Police (IGP), Superintendent of Police (SP) Kalutara, National Police Commission, Sri Lanka Human Rights Commission and the Secretary, Judicial Service Commission, asking for a prompt, effective, impartial and independent inquiry against the crimes committed by the police officers against him. However, nothing has happened. He feels that his rights for justice have been denied by the relevant authorities in the country. 

ADDITIONAL COMMENTS: 

The Asian Human Rights Commission has reported innumerable cases of arbitrarily arrest, detentions and torture of citizens at the hands of the police and the filling of enormous amounts of fabricated charges against innocents persons which is illegal under international and local law and which have taken place at different police stations in the country over the past few years. The Asian Human Rights Commission has observed that Sri Lankan police have used the filling of fabricated chargers against innocent persons as an illegal instrument to harass the public. 

The Constitution of Sri Lanka has guaranteed the right freedom from torture. According to Article 11 of the Constitution ‘No person shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment‘. Further Article 13 (1) has stated that ‘No person shall be arrested except according to procedure established by law. Any person arrested shall be informed of the reason for his arrest’. 

Supreme Court of Sri Lanka 

In the case of SCFR/121/2005, Korala Liyanage Palitha Thissa Kumara vs. Sub Inspector Silva of Police Station of Welippena and others, Justice Bandaranayaka, after considering the perverted manner the police officers attached to the Wallipanna Police Station tortured a detainee ordered the OIC of the Crime Branch of the Wallipanna Police Station and the state to pay the compensation to the petitioner. 

In another case SCFR 691/2000 in WAD Nilusha Hemali v. OC SL Corp of Military Police, a similar opinion was expressed by Bandaranayak J. 

The fact that the petitioner was taken handcuffed in a private vehicle to the Dankotuwa down and “exhibited” in the manner spoken to by the petitioner in my view, is an affront of the petitioner’s dignity as a human being and amounts to “degrading treatment” within the meaning of Article 11. 

Furthermore, Sri Lanka has signed and ratified the International Covenant on Civil and Political Rights (ICCPR). Nevertheless the lack of protection offered to those who are willing to take cases against abusive police officers and the state authorities, means that the law is under-used continues to be employed as a tool by the police to harass people. This not only takes a long-term toll on the victim and his or her family, but on society as a whole, by the undermining of civilian respect for the law and encouraging impunity. 

The Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (CAT) was signed by the State of Sri Lanka and ratified on 3 January 1994. Following state obligations Sri Lanka adopted Act No. 22 of 1994 the law adopted by the Sri Lankan parliament making torture a crime that can be punishable for minimum seven years and not less than ten years on being proven guilty. The Attorney General of Sri Lanka is supposed to file indictments in the case where credible evidence is found on the torturing of people by state officers. 

Furthermore, the Asian Human Rights Commission has continuously exposed the way the witness and the victims are getting harassed and on some occasions even killed to suppress the justice. Furthermore we have urged the State of Sri Lanka to adopt a law for the protection of witness protection. 

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 illegal arrest, arbitrary detention, torturing, filling fabricated charges and finally threatening the witness 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 officers and for mis-prosecution. The officers involved must also be subjected to internal investigations for the breach of the department orders as issued by the police department. 

Please note that the Asian Human Rights Commission has already written separate letter to the Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment on this regard. 

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