SRI LANKA: Illegal arrest, brutal torture and fabrication of charges by the Kalutara South police 

Dear friends,

The Asian Human Rights Commission (AHRC) has received information regarding the brutal torture of a 19-year-old boy named Dhanuka Tisara by the Kalutara South police after his illegal arrest on 2 July 2006. The police accused the victim of committing murder without any evidence to support this, while brutally torturing him. The victim was later released on the same day and no charges have been filed against him. Meanwhile, the police also illegally arrested the victim’s brother, who came to see the victim at the police station, without giving any reason. He was later remanded on allegedly fabricated charges by the Kalutara South police. This is common practice in Sri Lanka whereby the police randomly arrest innocent people without any concrete reason and torture them to get their confession for a crime. Fabrication of charges is often used by the police to cover up their crimes or to harass the torture victims.

On 2 July 2006 at 8:40am, Dhanuka Tisara, a 19-year-old labourer of Pinwatte, Panadura, Sri Lanka, went to meet a friend at the Three-wheel Park near the Kalutara court complex in Kalutara. When he was chatting with his friend, two policemen approached him and asked his name. One policeman was wearing a uniform and the other was in civilian clothes. When he told them his name, they said “Let’s go” and took him to the Kalutara South police station. The police neither informed him the reason of his arrest nor produced an arrest warrant or other relevant documents during the process of his arrest.

As soon as they entered the police station compound, the police accused Dhanuka of committing a murder and assaulted him. Dhanuka questioned as to who it was he was supposed to have killed. The police told him not to pretend to be a baby and repeatedly assaulted him on his face and back. They then took him to the criminal investigation unit of the police station where he was again tortured on his neck, face and back while the police demanded his confession. The police also forced him to kneel on the floor and constantly pressured him to confess to the murder.

When Dhanuka maintained his innocence, one policeman slammed his fists several times into his throat. They then took hold of his ears, twisted his neck and slammed his neck against a cupboard. They continued to assault him, especially on his throat and neck. Dhanuka soon became frightened that the police might in fact kill him. They then pulled him back by his ears, and slammed him into a cupboard and Dhanuka’s right shoulder hit against hard wood, causing him immense pain. Finally, the police forced him onto the ground and handcuffed him to a table leg.

After that, the police continued to persuade him to confess. They said that if he confessed, they would not torture him anymore. But when Dhanuka kept denying the accusation, the torture continued. Even when he asked for a drink of water, the police assaulted him. The police also tortured him when Dhanuka insisted he did not know where the buried body was. Again and again, the policemen took turns in brutally torturing him. Later the police brought a woman, who was supposed to be a witness to the murder, and asked her, “Is this him?” She at first denied that it was him but then said, “from behind, it looked like him.”

That evening Dhanuka’s mother came to see her son at the police station. The police abused her in the most foul and degrading language. Later when his father and brother Don Dhanushka came to visit him, the police suddenly detained Dhanuka’s brother without giving any reason. They then removed Dhanuka’s handcuffs, put them on his brother and chased away Dhanuka and his father.

Two days later, Dhanuka felt faint and broke out in a fever but he did not seek medical treatment due to his fear of losing his job. But his condition steadily deteriorated so on 10 July 2006 he sought medical attention at a private dispensary where the doctor refused to treat him but referred him immediately to a hospital. But due to fear of losing his job, Dhanuka again neglected getting to hospital. While at work, two days later on July 12, his condition took a turn for the worse and he had to be rushed to the Panadura hospital. He complained to the hospital authorities about the police torture. On July 13, the hospital police obtained his statement and a Judicial Medical Officer (JMO) examined him the next day. Dhanuka also complained about the police torture to the JMO.

Meanwhile, Dhanuka’s brother Don Dhanushka was later remanded on allegedly fabricated charges by the police. But the police have not filed any charges against Dhanuka to date. On July 13, Dhanuka’s mother complained to the Human Rights Commission, National Police Commission, the Inspector General of Police and the Senior Superintendant of Police-Kalutara regarding the incident.

SUGGESTED ACTION:

Please write to the relevant authorities listed below and urge them to conduct an impartial and thorough investigation into this case immediately. The alleged perpetrators must be restricted from their duty once the investigation commences and appropriate charges must be filed against them under the Convention against Torture Act (Act No. 22 of 1994) if the allegations are found to be true. The fabricated charges against the victim’s brother must be withdrawn.

Please also urge the concerned government agencies to afford medical and rehabilitation assistance to the victim without delay. The victim and his family must also be provided with appropriate protection if the situation requires. They must be protected from any harassment and intimidation should they file charges in a court of law against the perpetrators.

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