SRI LANKA: A man severely tortured by the Urubokka police

Dear friends,

The Asian Human Rights Commission (AHRC) has received information that a man was illegally arrested, arbitrarily detained and severely tortured by officers of the Urubokka Police Station. He was later released without any charge but there are no official records of his arrest and detention. He was later admitted to the Teaching Hospital of Karapitiya for treatment due to his severe condition. Presently he is in fear of his life to the intimidation of the police officers who arrested him.

CASE NARRATIVE: 

According to the information we received Mr. Jayasuriyage Samira Desapriya (24) of No.697, Galbokka, Beralapanathara is a bachelor and a motor mechanic by occupation.

On the 1 June, 2010 at about 1 pm, Samira and his friend Lahiru were working in the garage at Kiriulapana Road, Urubokka. At that time one of the officers of the Urubokka Police Station, Inspector of Police (IP) Chandrasena came to the garage and asked who was in charge. Then Samira answered that he was the one in charge. Then IP Chandrasena instructed Samira to close the garage and accompany him to the police station. Samira asked for the reason and was told by Police Constable (PC) Nissanka, who accompanied IP Chandrasena that it would be explained when they arrived at the station. Samira and Lahiru then got into the police jeep. Inside the Jeep an officer took Samira and Lahiru’s Mobile phones and the wallets containing over Rs.5000.00 (USD 45).

It was evident to Samira that the jeep was returning from the courts. Inside the vehicle there were two barrels filled with something that Samira suspected was illicit liquor. Further he noted that there were some plastic bags containing some files and books.

When they arrived at the station Samira and Lahiru were asked to remove those items from the jeep and take them inside.

One officer took Samira towards the Criminal Investigation Branch while Lahiru was taken to the Complaint Recording Branch. After some time IP Chandrasena asked Samira to return the items he had stolen. Samira immediately replied that he had not stolen anything. At that moment two officers who had been in the jeep, who were in civilian clothes approached Samira.

These two officers brought Samira to another room and made him sit. Then one officer asked him the same question as to the location of the stolen goods. Samira repeated that he had not stolen anything. Then the officer was more specific and asked about ‘the jewelry, wedding ring and the necklace.’ Again Samira denied any knowledge of the stolen goods. Another officer quite innocently ordered Samira to remove the shirt and slippers. Then PC Nissanka caught hold of Samira’s neck and head, pushed him to the floor and grasped his head between his legs. Thus trapped Nissanka thrashed Samira’s back mercilessly.

Following this assault another officer dragged Samira to a deserted house, close to police lavatories where he assaulted him repeatedly. Samira was blindfolded with a cloth, his hands and feet were bound and he was hung from a wooden pole passed between his wrists and ankles. He was then continuously assaulted with a bamboo pole.

They continued the assault while pouring water into his nose and the mouth. Samira felt difficulty in breathing, but they carried on regardless. Another officer had brought a piece of S’lon pipe which they inserted into his rectum. At that moment Samira cried out that he was innocent and pleaded for mercy.

After that the officers Samira down and ordered him to jump up and down while the thrashing continued.

Another officer from the traffic branch joined in the assault knocking him to the floor. Samira continuously pleaded with them not to beat him anymore. One of the officers told him that if he died they would put him in a empty cement bag and through him off the parapet wall. Finally they brought Samira near the police cell where there was a home guard officer of the area. This man also shouted at Samira in filth and slapped him on both ears as if he was clapping his hands. For few minutes Samira felt stunned.

Later, Samir saw his mother, Mrs. Wijesiri Devanarayanage Kalyani arrived at the police station, but Samira refrained from telling her anything for fear that he would be beaten again.

Samira noticed that there were some incoming calls to his mobile phone and the officers told him to answer them, but not to reveal any more details other than that he had come to the police station to repair some motorcycles.

Then he noted that there was an incoming call from the Chairman of the Pasagoda Pradeshiya Saba regarding his arrest. The police had informed the Chairman that it was a case of possession of cannabis.

Lahiru too had been near the cell and the officers warned both of them that if they disclosed the incident to anyone they would be killed. They were told to say only that they came to repair police motorcycles.

The Officer-in-Charge (OIC) arrived and inquired from the other officers, whether they were able to find any drink (liquor). After about one hour he returned and assaulted Samira.

The following morning (2 June), Samira and Lahiru were released. They were warned to return to the police station with the stolen jewelry or else the police would come after them. Then the officers returned the mobile phones and their wallets.

Upon their release the police warned them again that if they disclosed this incident to anyone or if they took any action against the police, bombs or drugs would be planted in the garage and they would be arrested. They were then told “Get out you dogs”.

Samira and Lahiru left the police station under the supervision of a police officer who remained with them until they took a bus. When Samira arrived at the garage, his family was there and there was also a police officer who left as Samira approached the garage. He realised that the officer was there to confirm the fact that he returned to the garage instead of going somewhere else to make any complaint on torture.

Samira’s mother took him to the Kosnilgoda Government Hospital where the admitted him for further treatment. He was discharged the following day. However, as Samira was in severe pain, he was brought to the Teaching Hospital of Karapitiya. There the Judicial Medical Officer (JMO) examined Samira and warded him. He was discharged from that hospital on 5 June. When he returned home a police officer was there waiting for him. When Samira asked him for the reason of his visit the officer left.

During the whole process the police at no time had taken a statement from Samira and Lahiru nor shown any complaint made against them by anyone. The police did not produce them before a court of law or charged them for committing any crime.

Later Samira made a formal complaint to Inspector General of Police (IGP), Deputy Inspector General (DIG), National Police Commission (NPC), Senior Police Superintendent (SSP) Matara, OIC Urubokka Police Station and the Human Rights Commission (HRC).

Presently Samira has closed down his garage and left the area fearing for his life. He suspects that at any moment police might come for him. He states that as during last few years few hundreds of people have died in different places in the country while they were in police custody he is in fear that he would be rearrested and killed by the police officers. Further he states that he has not committed any crime and is an innocent citizen.

ADDITIONAL COMMENTS: 

The Asian Human Rights Commission has reported innumerable cases of arbitrary arrest, detention and torture of citizens at the hands of the police 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 the Sri Lankan police have used torture as an instrument to terrorize innocent persons and 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’.

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, arbitrarily detention, torturing by the police perpetrators, and the prosecution of those proven to be responsible under the criminal law of the country. 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 letters to the Special Rapporteur on Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment of the United Nations on this regard.

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