SRI LANKA: Complainant and two women tortured in public by the Poddala Police

Dear friends,

The Asian Human Rights Commission (AHRC) has received information that Mr. D Weeragunarathna Sahabandu, Ms. K A Sarani and Ms. M L Tharanga of Andurathwila, Wawulugala Kanda, Poddala, in the district of Galle was severely tortured by the Poddala Police on 28 February 2011. Sahabandu complained to the police regarding the theft of diesel fuel by several workers of the Colombo Matara High Way Project and using his land for hiding the stolen fuel on several occasions. Then the officers working on the project started to construct an illegal canal obstructing the road way to the house of the complainant. After Mr. Sahabandu made his complaint police officers including the OIC of the station came to his residence and tortured Sahabandu, his wife, Ms. Sarani and Ms. Tharangi who tried to protect the Ms. Sarani. Police later filed fabricated charges against the two women. All three victims were treated in Karapitiya Teaching Hospital, however, Ms. Sarani transferred herself to the Matara General Hospital for treatment of her fractured right arm. Though the victims made complaints to several authorities all of them remain have been ignored. 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. D Weeragunarathna Sahabandu, Ms. K A Sarani and Ms. M L Tharanga are residents of Andurathwila, Wawulugala Kanda, Poddala in the district of Galle. D Weeragunarathna Sahabandu and K A Sarani are married and the parent of a one child and Ms. Tharanga is their neighbour.

The project for the construction of the Colombo/Matara High Way is lying close to their houses. Sahabandu observed that several workers attached to the project were steeling diesel from the heavy vehicles used in the project and then hiding the cans on his land to be taken away secretly. Observing the potential danger that could expose him and his family members he made a complaint to the higher authorities of the project and later to the Poddala Police Station.

Then a few days later the officials of the project suddenly arrived in front of his house and excavating the land to make a canal that obstructed the access to his property. The construction of such a canal was not in the original plans of the project and neither Sahabandu nor any other resident of the area were previously informed about such a canal. Sahabandu realised that the construction of the canal and the subsequent disruption to his access was in revenge for his complaint to the police. 

Then he went and made a complaint to the Poddala Police Station on the illegal construction. The Officer-in-Charge (OIC) of the police station warned him not to get involved with the work of the project people. Then Sahabandu understood that the police officers were working in connivance with the illegal activities of the officers of the project. However, after his complaint the construction of the canal was stopped. 

Several days later he observed that the stealing of the and the use his land was again started and Sahabandu went to the officials of the project and protested the use his land for these illegal activities. 

On 28 February 2011 at around 10-11 am a police jeep approach Sahabandu’s residence. Then he observed that the Officer-in-Charge (OIC) Ashoka Karunarathna, Sub Inspector (SI) Samarajeewa, Traffic Sergeant and a few other officers of the Poddala Police Station were in the jeep. The OIC called the Sahabandu to them and questioned as to why he was disturbing the officers of the project. Then Sahabandu explained that he had never obstructed any work of the project but that the use of his land for illegal activities exposed him to danger. Then the OIC started to beat Sahabandu with kicks and punches. Meanwhile the OIC blamed Sahabandu saying that he was far too involved in wasting everyone’s time. (”Wadiya Dangalanna Epa Kariya”). Sahabandu fell on the ground and then the officers moved back to the jeep. 

Suddenly the jeep stopped a little distance away and SI Samarajeewa came out from the jeep and started to firing his weapon at Sahabandu to frighten him. Then Sahabandu fell back to the ground. Meanwhile his wife K A Sarani who observed the shooting ran to the jeep and pleaded with SI Samarajeewa not to shoot her husband. Then SI Samarajeewa started to beat Sarani. The OIC also came out of the jeep and started to beat Sarani with a wooden pole. She started to scream and pleaded with the officers not to her. 

Sarani noted that several residents of the village witnessed the beating. Then one of her neighbours, Ms. Tharanga also observed how Sarani was being beaten by the police and she came to assist. Sarani was now pleading for help from the observers as by then she realised that that her arm was broken. Then SI Samarajeewa started to beat Ms. Tharanga as well and once again he was assisted by the OIC. Then Ms. Tharanga and Ms. Sarani were both taken to the rear of the jeep and brought to the police station. They were detained in the police station and then in the evening brought to the Magistrate’s Court of Galle and produced in case number B/68477 (accused of obstructing the project works). 

Then two women were able to explain the manner in which they were arrested and tortured to the Magistrate who enlarged them on bail. They were advised to be admitted to the Karapitiya Teaching Hospital for treatment and for the examination by the Judicial Medical Officers. Both of them were admitted for treatment and treated there till 1 March 2011. Sahabandu also was admitted to the same hospital and treated as an indoor patient till the same day. While she was being treated the doctors informed Sarani that she had received a fracture of her right arm due to the assault and she underwent surgery. 

Then they made a complaint to the National Police Commission (NPC), Inspector General of Police (Inspector General of Police). Senior Superintendent of Police (SSP) Galle and the Human Rights Commission of Sri Lanka against their illegal arrest, illegal detention, torture and the filing of fabricated chargers against them. 

Since their release they believe that they are in danger as they have complained to the higher authorities against the police. They have left the village and are taking refuge at one of their relatives houses. Then again Sarani was admitted to the Matara General Hospital for further treatment on 18 March 2011. The doctors informed her that she has to face another surgery there. 

Though the victims have made complaints to several authorities none of them have initiated investigation on the violation of their rights. They now live in fear of their lives. 

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 and to the UN Special Rapporteurs on Violence against Women on this regard. 

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