SRI LANKA: Innocent man illegally arrested, detained and tortured by Anamaduwa Police

Dear friends, 

The Asian Human Rights Commission (AHRC) has received information that Mr. Samayakkarage Ravi Nishantha (29) of No: 07, Mundakkuliya, Anamaduwa in the Puttalam district was illegally arrested, detained and severely tortured by police officers attached to the Anamaduwa Police Station on 17 March 2011. While Nishantha was visiting a patient at Anamaduwa Government Hospital a former police officer brought him to the Anamaduwa Police Station. Then this officer privately talked to the officers on duty. Later Nishantha was detained and later severely tortured at the station. His face was covered with a plastic shopping bag filled with chili powder. He was then hung on a beam and assaulted with a pole. The next day Nishantha was released by the same officers and two days later the complaint made against Nishantha was withdrawn by the same person who ‘arrested’ in front of Nishantha. This case is yet another illustration of the exceptional collapse of the rule of law in the country. 

CASE NARRATIVE: 

According to the information the Asian Human Rights Commission received Mr. Samayakkarage Ravi Nishantha (29) of No: 07, Mundakkuliya, Anamaduwa in the Puttalam district is married, father of two and a barber by profession. 

On 17 March 2011 he went to meet one of his friends, Mr. Jayantha who lives in same village. Jayantha asked Nishantha to accompany him to Kawushalya Rice Mills to get some money in the sum of Rs. 30 000/= which belonged to Mr. Pradeep Udayakantha, a former police officer and the owner of the Jayani Service Center of Anamaduwa Town. Nishantha went with Jayantha by his motor bike. When they arrived at the Rice Mills Jayantha went inside alone. On his return they started to drive back. On their way at Thonigala, Jayantha told Nishantha that he had lost the money which was due to be handed over to Mr. Pradeep Udayakantha. Then both of them started to search for the money along the route they had just traveled. When they were unable to find the money they returned home. 

While Nishantha was at home that evening he got a message that Jayantha has been admitted to the hospital after attempting to commit suicide by taking poison. Then immediately Nishantha went to the Anamaduwa Government Hospital to visit Jayantha. While Jayantha and Nishantha were talking Pradeep came to the hospital and requested Nishantha to accompany him to the police station. Nishantha then went with him. 

Nishantha and Pradeep entered the Anamaduwa Police Station at around 7.30pm that day and Nishantha noted that Pradeep was talking privately with several police officers on duty. 

Then suddenly one officer came to Nishantha and shouted that if he took the money to give it back to Pradeep. Nishantha told them he had never taken anyone’s money. Then the officer shouted and slapped his face with several blows and told him that “They knew how to get the money back.” He then locked Nishantha in the cell. During that whole night he was not given anything to eat. 

On the 18 morning around 6.30 am Sub Inspector (SI) Sarath came to the cell and brought Nishantha out. Then he started to shout, asking him to give back the money that was belonging to Pradeep. Nishantha repeatedly told the officer that he had not taken it. Then SI Sarath started to beat Nishantha all over his body. Then he brought Nishantha to the kitchen of the police station where he covered Nishantha’s face with a plastic bag containing dried chili powder. Nishantha was not able to breathe and felt severe burning and irritation to his respiratory system and nose. Nishantha started to scream and pleaded with the SI Sarath to remove the bag. As he was unable to breathe properly he fell, semi conscious to the ground and remained on the floor for a period of about 20 minutes. At no time during the arrest and torture was he shown any complaint against him or informed of any formal complaint against him. 

Then SI Sarath called another two officers to come and assist him. They tied Nishantha’s hands behind his back. Then using another rope they hung Nishantha from a beam on roof. The shopping bag still covered Nishantha’s face. He pleaded with that he had recently had surgery on his hand but the officers paid no attention and left him there for another 20 minutes. While he was hanging from the beam SI Sarath started to beat him with a pole and questioned him about the stolen the money. Nishantha repeatedly refuse the charge. 

When Nishantha continuously refused to confess the officers took him down and ordered him to wash his face. Then he was again locked in the cell. At around 12 am SI Sarath came to the cell and took Nishantha out again. The officers instructed him to call Pradeep and ask him to come to the police station and withdraw the complaint. Nishantha was then released and he went for treatment from the Anamaduwa Government Hospital. 

Two days later Nishantha was summoned to the same police station in his presence Pradeep withdrew the complaint. 

Nishantha stated that he was illegally arrested, detained and severely tortured at the request of Pradeep (a third party) by the police officers. It was when the officers themselves realised that Nishantha was innocent of the theft that they told him to call Pradeep. However, with the knowledge that Pradeep had instigated Nishantha’s arrest on false charges they made no move to arrest him. 

Nishantha vehemently states that he is innocent and that he was subjected to these agonies as police officers wanted to fullfil the whims and fancies of their former colleague. Nishantha further stated that the police have not filed any case against or taken any legal action against him. However, he is now in fear of his life. 

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 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. 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. 

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. 

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