SRI LANKA: A man died in the custody of the Kottawa police

Dear friends, 

The Asian Human Rights Commission (AHRC) has received information that a man has died in the custody of the Kottawa Police. He was arrested in the evening 23 May 2010 and brought to the Kottawa Police Station where he was detained inside the police cell. The victim was found dead on the following morning while handcuffed to a table in the cell. Later the body was handed over to the South Colombo Teaching Hospital by the officers. The officers attempted to explain the death as a heart attack. However, The post mortem done by the Judicial Medical Officer of Colombo at National Hospital at the insistence of the relatives of the victim revealed signs of torture. The fact that no proper investigation has been carried out yet is a denial of justice to the victim and his family. The case is yet another illustration of the exceptional collapse of the rule of law in the country. 

CASE NARRATIVE: 

According to the information we received Mr. Pattiyage Komako Lalan Peiris of No. 73/2 Galawila road, Homagama (34) was married and a father of two sons. He was arrested by the police officers attach to the Kottawa Police Station in the evening 23 May 2010. At the time of arrest officers first arrested a person named Ruwan, as he failed to submit his identification documents. Then the officers asked the identity of Lalan, who was with him and Lalan produced the identity card. When Ruwan told the officers that Lalan also his friend the officers arrested Lalan also and put him into the jeep. Then they brought Lalan to the police station of Kottawa along with other arrestee, Ruwan. 

Lalan was a painter by profession and a person quite well known in the area. At the time of arrest the police officers were looking for people engaged in some crimes. It is suspected that they arrested Lalan probably due to incorrect identification which is a common occurrence in Sri Lanka.
 
When Lalan’s relatives inquired about him the police officers on duty at Kottawa Police Station initially denied his arrest. However, Lalan was found dead on day following day of his arrest while he was handcuffed to a table inside the police station. 

The officers handed over the body to the South Colombo Teaching Hospital on 24 May. Later the hospital authorities made the arrangements to hold a post mortem inquiry. Initially the police tried to prevent the post mortem from taking place and announced to the media that Lalan had died of a heart attack. However, when this announcement was made the relatives suspected the police officers of influencing the Judicial Medial Officer. They then protested and demanded that the post mortem be carried out by the Colombo Judicial Medical Officer at the National Hospital. The relatives who saw Lalan’s body further stated that there were series of marks of injuries which they believe was due to extensive torture by the police officers. The results of the post mortem at this hospital revealed that the death was due to torture. A death inquest was held before the Magistrate of Homagama and the verdict of the inquest was murder and further investigations were ordered.

Later the police announced that the victim was wanted on suspicion of several robberies but the relatives and friends of victim vehemently denied the fact. They have demanded an impartial, independent and efficient inquiry into his death. 

Subsequently three police officers, a Sub Inspector, a Sergeant and a Police Constable were arrested and produced before the Magistrate and remanded. However, due to the prolonged delays common in the Sri Lankan judicial system justice has still not been delivered.
 
Sadly this is another incident of the death of a suspect in police custody. It has been pointed out time and time again that the police are responsible for the safety of the suspect at all times. The safety of the suspect whilst in the custody of any branch of the Sri Lankan police is a non-transferable responsibility and deaths in custody is becoming frighteningly more common. The officers are legally bound to report the details on all development of the detainee while in police custody including his movements and wellbeing. 

Many identical cases have been reported in Sri Lanka within the past few months. If this is indeed such a common occurrence why then has the Inspector General of Police not issued orders to all the officers under his command to guarantee the life of suspects who are in their custody? 

The Officer-in-Charge (OIC) of the police station is responsible to protect all the detainees under his custody. Having reached this rank this officer alone should have the experience necessary to handle the situation. It is the non-transferable duty of the police to ensure the safety of any suspect under detention. 

ADDITIONAL COMMENTS: 

The Asian Human Rights Commission has reported innumerable cases of arbitrary arrest, detention, torture and extra judicial killings cases 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. Further, the country’s police are implementing a policy of eliminating criminals by killing them after arresting them without producing them to the court of law. 

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(4) “No person shall be punished with death or imprisonment except by order of a competent court, made in accordance with procedure established by law. The arrest, holding in custody, detention or other deprivation of personal liberty of a person, pending investigation or trial, shall not constitute punishment.” Further article 13 (5) guarantees the right of presumption of innocence until being proven guilty. 

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. 

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. 

Following this latest custodial death four persons gave their views in which they expressed their dismay over the behaviour of the Sri Lankan police.

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 extra judicial killings 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. 

The AHRC has also written a separate letter to the Special Rapporteur on Extra-judicial, Summary or Arbitrary Executions on this regard. 

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