SRI LANKA: An elderly widower was tortured by the Marawila Police and pressured to sell his property 

Dear friends,

The Asian Human Rights Commission (AHRC) has received information that Mr. JP Samson Kulatunga (62) of No: 23, Ihala Haththiniya, Marawila in the Puttalam District, was tortured by two officers from the Marawia Police Station who attempted to force him to sell his property. When he reported the matter to the Assistant Superintendent of Police of that station the ASP refused to take action against the officers who had been positively identified and urged the victim to settle the matter.

CASE NARRATIVE:

Mr. JP Samson Kulatunga (62) of No: 23, Ihala Haththiniya, Marawila in the Puttalam District, is a widower, the father of two sons and a retired fish trader by profession.

Mr. Kulatunga’s wife died two years ago and his sons also left the home for their work; one went abroad and the other to another part of the country. As Mr. Kulatunga then lived alone he decided to sell his land and the house which he then advertised.

In front of Mr. Kulatunga’s house there was an establishment that sold toddy and the owner expressed an interest in buying the land. Mr. Kulatunga offered the house and lot at the sum of Rs. 10 million and refused to consider anything less.

Then, on 9 February, 2012, two persons in plain clothes forcefully entered during the day and started to search the premises. Mr. Kulatunga was laying on his bed at the time and demanded the identities of the persons. They replied that they were police officers from the Marawila Police Station. When he asked them where they were not in uniform and for their identity cards they started to beat him. They then accused Mr. Kulatunga of child molestation and keeping the stolen goods which he vehemently denied.

The men ordered Mr. Kulatunga to sell his house and lot to the owner of the toddy establishment as soon as possible. They then stole Rs. 15 000.00 which was on the top of the cupboard which was sent to Mr. Kulatunga by his elder son for his medications and living expenses for the month. As the men were leaving Mr. Kulatunga pleaded with them to return the money as it was all he had. However the two men ignored him and told him that they would return in a police jeep. Mr. Kulatunga noted that they were inebriated.

Just after the two men left the place Mr. Kulatunga informed the situation to his son, Sujith Sanjeewa Kumara who came and made a complaint to the Assistant Superintendent of Police (ASP) Marawila. The ASP ordered him to bring Mr. Kulatunga to his office the next morning.

Accordingly Mr. Kulatunga and his son went to the ASP’s office where they were kept waiting until 2pm despite the fact that Mr. Kulatunga was in severe pain. Finally the ASP listened to the complaint and called 10 police officers into the office. He asked Mr. Kulatunga to identify the two officers that tortured him and stole the money. Mr. Kulatunga positively identified the two officers and stated clearly all that they had done to him in front of all the other officers.

The ASP questioned Mr. Kulatunga and his son as to their intention and when told that they wanted justice he told them to settle the matter with the officers which he refused. The ASP told him that they would have to have another identification parade and on this occasion Mr. Kulatunga was able to produced two eye witnesses, Ms. Pradeepa Dilrukshi and Ms. Somawathi, to the ASP who has clearly able to testify that the police officers entered into the house.

Shortly after Mr. Kulatunga felt unwell and his son took him to the Marawila Base Hospital where he was admitted. The doctors and the police officers at Hospital Police Post recorded his statement and he was discharged on the 12th. The doctors instructed him to come back every week. Still Mr. Kulatunga suffers from the injuries that he suffered due to the torture inflicted on him.

Later again the ASP called Mr. Kulatunga’s son and requested him to bring his father to settle the matter in his office. However, due to his medical condition he was not able to attend. Mr. Kulatunga states that the ASP is illegally suppressing his legal rights and trying to protect the perpetrators in this case. He further states that the officers acted on behalf of the toddy seller, no doubt for some sort of advantage.

The victim narrated how he was tortured in Sinhala Language in an audiovisual interview available here.

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 torturing an old person and stealing the money 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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