SRI LANKA: An innocent man and his brother are tortured by the Kosmodara Police

Dear friends, 

Mr. Dissanayake Mudiyanselage Chandana (29) of Kosmodara, Deniyaya in the Matara District was severely tortured by police officers attached to the Kosmodara Police Station. Despite being examined by a JMO at the Matara Teaching Hospital and registering a complaint with the Human Rights Commission no action has been taken to investigate the incident. 

CASE NARRATIVE: 

According to the information that the Asian Human Rights Commission (AHRC) received Mr. Dissanayake Mudiyanselage Chandana (29) of Kosmodara, Deniyaya in the Matara District was tortured by police officers attached to the Kosmodara Police Station on 15 June 2011. 

On that day at about 7.30 pm two unknown persons in civil clothes came to Chandana’s house and announced that they wanted to search the premises. They were told that they would not be allowed to do unless they proved their identity and to show the search warrant issued by a court. 

At that time one of them became furious and struck a heavy blow to Chandana’s face. Chandana rushed into the house and closed the door. The two persons outside then shouted that they were from the Kosmodara Police Station and ordered him to open the door. 

Then Chandana told them “If you gentlemen are from the police either you must be in uniform or prove your identity”. 

Thereafter, about half an hour later, a group of police officers also in civil clothes came to Chandana’s house with batons and clubs and entered the house forcibly and started to assault Chandana severely. Due to the assault Chandana was struck on the lip which began to bleed but despite this the officers did not stop the assault. They continued to assault Chandana until he fell unconscious. Thereafter, Chandana and his brother were arrested and brought to the Kosmodara Police Station. Thereafter they were taken to the Deniyaya Police Station. 

Neither at the time of arrest or afterwards was Chandana informed the reason for his arrest, nor was his brother. 

The next day the police filed a fabricated case against these two young men in the Magistrate’s Court of Deniyaya. When they were produced before the Magistrate both of them were released on cash bail of Rs. 5000.00 and surety Rs 50,000.00. 

The following day Chandana became ill and went to a doctor in the area. However, the doctor felt that Chandana’s condition was serious and advised him to go to Deniyaya Government Hospital. Chandana then he went to that Hospital where he admitted and treated. Then on the following day he was transferred to the Matara Teaching Hospital where he was once again admitted. He treated there for two days and was examined by the Judicial Medical Officer (JMO). Later, Chandana complained about this incident to the Human Rights Commission (HRC). 

However, to-date no investigation has not been conducted by the HRC on his complaint. He states that his rights have been violated by the police officers attached the Kosmodara Police Station and that he is entitled to redress and compensation. 

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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