SRI LANKA: Police brutally torture a man in revenge for complaining to the human rights commission

Dear friends,

The Asian Human Rights Commission (AHRC) has received information that Mr. Alahendra Acharige Dinesh Priyankara of Panadura North Police Division in Kaluthara district was illegally arrested and severely tortured by police officers attached to the Panadura North Police Station on 23 January 2011. Later he was brought to the station and questioned about a theft which happened in a newly constructed luxury house belonging to a former Deputy Inspector General (DIG) of police. He revealed all the facts he knew and pleaded innocent following which he was brutally tortured by the Officer-in Charge and the officers of the police station. A fabricated charge was filed against him and he was produced before the Magistrate of Panadura who immediately enlarged him on bail. The District Medical Officer (DMO) was ordered to send the medical report on his condition. The victim’s mother complained to the Human Rights Commission (HRC) on the violation of her son’s fundamental rights. This case is yet another illustration of the exceptional collapse of the rule of law in the country.

CASE NARRATIVE: 

According to the information received by the Asian Human Rights Commission, Mr. Alahendra Acharige Dinesh Priyankara of Panadura North Police Division was a three wheeler diver. He was illegally arrested, detained and severely tortured by the OIC and officers of the Panadura North Police Station to force him to confess to a burglary at the newly constructed luxury house of a retired Deputy Inspector General of Police. He was tortured a second time in revenge for complaining against the police violation of his fundamental rights.

On 23 January 2011 around 6.30am while he was sleeping three police officers came to his home and knocked on his door. When he opened the door he saw two officers in front of his home and asked the reason for their visit. Without any explanation they told him to follow them to the Panadura North Police Station. He followed their instructions knowing that they were police officers as he has seen them before while he was traveling as a three wheeler driver.

Then they took him into the jeep and brought him to the police station. At the station they took him directly to a table. An officer came to him with papers and a pen while the two officers who arrested him sat on the both sides. Then the officer who brought the paper and the pen asked him where is the tiles belonging to the DIG were. Without warning they started to assault him with punches and kicks demanding that he tell the truth. He told them that he did not know anything about the DIG’s tiles and explained that he is only a three wheeler driver and he knew nothing about such a case. Further he explained he that he parked his three wheeler at Gorakana Junction where he took on hires and that he had not stolen any tiles. He did, however, recall that he had gone for a hire to transport tiles from Gorakana Junction to First Lane in the same area. Further he told the officers that he can easily show the person who hired his three wheeler for transporting the tiles and where they were delivered to.

Then the officers locked him up in the cell. After a while the officers took him to the place where he unloaded the tiles and the officers took some of them as evidence. Then they took him back to the police station along with tiles and locked him up in a cell.

After a while the officers took him again out from the cell and brought him to the back side of the police station where again he was assaulted. Dinesh told the officers that usually he is being called for hires by the officers and the workers of that said DIG’s site. Further Dinesh explained that a man called Danushka told him that he is transporting these tiles from one site to another as they belong to him. That was the reason to go for that hire.

Then again he was brought to the Officer-in-Charge (OIC) office whom he later learned was Mr. Ramya De Silva. He noted that there were two persons in that place. These two people were in conversation with the OIC. Following the conversation he understood that both of them are assistants of the DIG. They were from the same village as Dinesh.

When Dinesh was brought before these two persons they told the OIC that he was from the same village and he never engaged in crime. They further said that they know Dinesh very well but the OIC then started to beat him in front of them. Then the two assistants of the DIG checked the tiles that were brought in and told the OIC that they were are not the tiles that were stolen.

Without considering their refusal of identity of the tiles the OIC ordered to take Dinesh into the jeep. Then the officers drove the jeep to the Nugegoda along with Dinesh. Dinesh was brought to a site where he noted that a few officers were working in construction work. He was asked to check the identity of the workers and Dinesh immediately identified the person who called him for transportation of tiles, Mr. Danushka. After Dinesh pointed to Danushka officers asked him to go to the rear sheet of the jeep. Then officers went and arrested the Danushka as well. Then officers drove back to the police station again.

At the police station Dinesh was again locked Dinesh up in cell and Danushka was brought to the back side of the police station where Dinesh was beaten earlier occasion. Then he noted that Danushka was brought back to the OIC’s office. Dinesh was also then brought back to the OIC’s office. Then the OIC and other officers started to beat him again.

Meanwhile Dinesh saw that his mother also have come to the police station. Further he noted that officers chased away her when she tried to come and rescue Dinesh by explaining his innocence to the officers. But Dinesh noted that through the window his mother watched the way he was tortured.

Dinesh noted that one officer had a paper. Dinesh noted that few officers of the DIG’s company were sitting with OIC. One officer of the company was seated on the chair of the OIC. The OIC who wore two stars on his epaulets was seated next to him. Dinesh noted that the station officers were drunk and that the company men were treated them with alcohol.

Then the OIC asked Dinesh to tell the truth again. Dinesh told the OIC the same story and repeated that he had never engaged in stealing and he only went for a hire at the request of Mr. Danushka. He clearly indicated Danushka who was in front of all of them. Then the OIC told Danushka that if Dinesh was lying to assault him. But Danushka did not do so. The OIC told Danushka that if he did not assault Dinesh they would severely beat Danushka. Upon hearing this Danushka made a light assault on Dinesh’s shoulder. When he saw this, the OIC again shouted and gave him a pole and ordered him to beat Dinesh about the head until he died. However, Danushka refused to assault Dinesh.

Then the OIC blamed Dinesh with obscene language saying that his mother had gone to the Human Rights Commission (HRC) to make complaint against police officers. He further told Dinesh that his mother had gone to the officers of the HRC to allow them to have intercourse with her. Dinesh realised that the OIC extremely angry that his mother has gone to complain against them. Then one of the officers told Dinesh that Danushka had provided a paper stating that it was Dinesh who stole the tiles. Dinesh vehemently denied it. But he understood the officers wanted to take revenge from him for his mother’s complaint to the HRC.

Then again the OIC started to kick him and as a result Dinesh fell to the ground. Immediately he noted that his nose was bleeding. Then the OIC trampled on his arms while two other officers trampled on his legs. When the OIC noticed that Dinesh’s nose was bleeding and asked him to get up. The OIC again tried to force Dinesh to accept the crime which Dinesh again refused.

Then one officer asked him to sign a document prepared by the officers. It was not recorded from him or the contents explained to him. Out of fear and pain he signed the document. The officers forced Dinesh to put a finger print to the document.

Then Dinesh was told that now the officers can file any amount of fabricated charges.

Next day he was brought back to the OIC’s office. The OIC started to complain about the Magistrate with obscene language and shouted that if they produced Dinesh in the daytime then the Magistrate would grant bail to him therefore he intended to produce Dinesh after the sessions of the court were completed.

In the evening he was brought to the Magistrate’s Court of Panadura. Even before he was produce before the Magistrate he was asked to sign another document in the same manner. Dinesh was produced before the Magistrate who granted him bail. While releasing him on bail the Magistrate ordered the DMO to produce him a Medical Report on his condition.

After he was released immediately the mother brought Dinesh to the hospital and the doctor admitted him for further treatment.

Dinesh stated that police tortured him at the whim and fancy of the former Deputy Inspector General (DIG) of Police who was building a massive house at the bank of Bolgoda River in the same area. The victim has narrated his story in the video.

ADDITIONAL COMMENTS:

The Asian Human Rights Commission has reported innumerable cases of torturing innocent by the Sri Lankan police which are illegal under international and local law which have taken place at different Police Station in the country over the past few years.

The State of Sri Lanka sign and ratified the CAT on 3 January 1994. Following state obligations Sri Lanka adopted Act number 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 suppose to file indictments in the case where credible evidence were found on torturing people by state officers.

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, torturing, filing fabricated charges 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. 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 illegally in favor of private parties.

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