SRI LANKA: A man is severely tortured by Pamunugama Police

Dear friends,

The Asian Human Rights Commission (AHRC) has received information that Mr. Herath Mudiyanselage Suranji Sampath Kumara (35), the driver of a three-wheeler vehicle was severely tortured by three police officers, including the Sub-Inspector of Police, at the request of a private party. The officers tried to fracture his leg and beat him about the face. Mr. Kumara was then illegally arrested and detained at the Pamunugama Police Station. It was only after his detention had begun that the police recorded a false complaint against the victim to add credibility to his arrest. Moreover, they forced the victim to sign an amicable settlement agreement. He was not allowed to dispute his illegal arrest, detention and the abuse he suffered. This case is yet another illustration of the exceptional collapse of the rule of law in the country. 

CASE NARRATIVE: 

According to information received by the Asian Human Rights Commission, Mr. Herath Mudiyanselage Suranji Sampath Kumara is 35 years of age, married and a three-wheeler driver by profession. He resides  at No. 226/A Calvery Road, Bopitiya Pamunugama in the Pamunugama Police Division.

On the evening of 1st February 2011, Mr. Sampath was at home and at  around 7:30 pm, he heard some people speaking outside his house. At around 9pm, Mr. Sampath contacted Mr. Derrick, another villager and three-wheeler driver, asking him to go for a dinner. Mr. Sampath then waited on the road to meet his friend. While he was waiting, another villager, Mr. Chandana Sepala approached him and they had a conversation.

Eventually, Mr. Derrick arrived in his three-wheeler and Mr. Sampath tried to get into the vehicle. However, three people – two in plainclothes and one in police uniform – pulled Mr. Sampath out of the three-wheeler and began assaulting him with clubs. Mr. Sampath was beaten all over his body, particularly on his right leg and right arm. Then one of the officers is said to have removed Mr. Sampath’s glasses and threw them on the ground, stating that they hoped he would be blinded. This officer is alleged to have punched him in his right eye and about his head. Mr. Sampath has identified these people as Sub-Inspector (SI) 20293 and other officers attached to the Pamunugama Police Station.

Whilst beating Mr. Sampath, the two men dragged him about 700 meters up the road to the Pamunugama Police station where they proceeded to lock him up in a jail cell. Neither at the time of his arrest or in the  early hours of his detention, was he told the reason for what had happened.

At around midnight of the same day, the officers telephoned  the home of Mr. Kumara, another villager and asked his wife to come to the station. Mr. Kumara’s wife, Ms. Rasika came to the police station, and was asked to make a written complaint. She was then asked to report to the police station at noon of the next day.

When Ms. Rasika came to the police station at the stipulated time the next day, Mr. Sampath was brought out of his cell. He was then asked to amicably settle with wife of Mr. Kumara, even though he had not had any disagreement with the lady. Then, the officers asked Mr. Sampath to sign a statement that he was not permitted to read. The officers told him that the statement detailed a dispute that had taken place between Mr. Sampath and Kumara, which he says was untrue. Mr. Sampath signed the document out of fear that if he did not  it would prolong his detention.

After he was released, he went to the office of the Assistant Superintendent of Police (ASP) in Negombo, and made a complaint. He clearly stated that he was severely tortured at the Pamunugama Police Station. The officials at this office advised him to go to the hospital for medical treatment. Mr. Sampath then went to the Colombo North Teaching Hospital. The doctors and a Judicial Medical Officer (JMO) who examined him requested that he admit himself to the hospital for further treatment.

Due to the fact that Mr. Sampath was beaten with clubs, he suffered internal bleeding in his right leg and right hand. He also sustained injury to his right eye.

ADDITIONAL COMMENTS: 

The Asian Human Rights Commission has reported innumerable cases of torture by the Sri Lankan police at different police stations around the country. Such actions are illegal under local and international law.

Sri Lanka signed and ratified the CAT (Convention Against Torture) on 3rd January 1994. Following state obligations, the Sri Lankan Parliament adopted Act No. 22 of 1994, making torture a crime that could be punishable for a minimum seven years if the suspect is proven guilty. It is the responsibility of the Attorney General of Sri Lanka to file indictments in cases where credible evidence is found of torture at the hands of state officials.

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, illegal detention, torture by the police and the prosecution of those responsible under the criminal law of the country. The officers involved must also be subjected to internal investigations for the breach of department orders as issued by the police department. Furthermore, please request the NPC and the IGP to have a special investigation into the malpractices of the police officers for abusing the state officers’ powers illegally in the name of private gain.

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

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