SRI LANKA: Another innocent victim illegally arrested and tortured after the demonstration at the Thambuththegama Police Station 

Dear friends,

The Asian Human Rights Commission (AHRC) has received information that yet another innocent victim has been arrested and severely tortured by the Thambuththegama police in revenge for allegedly taking part in the demonstration held at the police station. Mr. D P Anil Thushara was a witness to the incident but did not take part in the violence. As in the case of several others, he was arrested, tortured and laid with fabricated charges of damaging government property.

CASE NARRATIVE: 

Mr. D P Anil Thushara (34) of No: 62, 3rd Mile Post, Rajangana Road, Thambutthegama in the Anuradhapura District is a farmer by profession.

During the morning of 2 August 2012, Thushara, went to the office of the former Chief Minister of North Central Province Mr. Berty Pramalal’s Office to inform the minister about the economic hard ships that he and his family were facing due to the drought that has affected the area for several months. He wanted to know how to make an application for the government assistance scheme for the farmers who lost their harvest due to the drought and asked for the advice of the minister in how to do so. While he was in the minister’s office he heard the noise and commotion of a public demonstration so, out of innocent curiosity, he went to the front of the office to see what was happening.

Thushara walked behind the people and saw the cause for the demonstration. He observed that the demonstrators were carrying the dead body of a lady (killed in a road accident), and blaming the police for releasing the responsible driver, who was drunk at the time, through favoritism. Then the police officers arrived and opposed the demonstrators and this was followed by an exchange of stones between the police and the demonstrators. Thushara then left the place as he thought that it could turn dangerous and returned to the office of the chief minister. However, due to the large crowd of people there as well Thushara decided to return home.

Thushara returned to the office of chief minister the following day, 3 August, for the same purpose and while he was inside the office, at 11 am, about ten officers from Thambuththegama Police Station, arrived in a jeep and some motor cycles. The officers, later identified as Karunathilaka (32787), Jagath (48123), Premathunga (35275) rushed into the office got hold of Thushara, handcuffed him and assaulted him mercilessly. Police officer Jagath then struck hit Thushara with his helmet and officer Karunaratne beat him with a wooden pole as they dragged him to the police jeep. There, Police Inspector (IP) Ubeyananda attached to Nochchiyagama Police Station thrashed Thushara with a long rounded piece of plastic. When Thushara asked the police officers for the reason for assaulting him one officer has said that “You attacked our OIC during yesterday’s demonstration”. Then immediately Thushara explained the police officers that he has never done any such attack. Further he explained that he was inside the chief minister’s office during the demonstrations. He admitted that he had gone out to see what was happening but had never participated in the confrontation. But the officers did not listen to him and continued their assault. Janaka Sampath from Thushara’s village and some others who had been in minister’s office witnessed this beating.

The officers arrested Thushara and brought him to the Tambutthegama Police Station by police jeep. At the station the assault by Jagath and Karunathilaka continued as they caught Thushara by his shirt collar and pulled him out of the jeep and dragged him into the station. A villager by the name of Sisira, who had been inside a police cell, saw this happen.

Then the Officer-in-Charge (OIC) of the Thambuththegama Police Station, Upul Seneviratne came to Thushara and assaulted his head with a wooden pole, thus cracking Thushara’s skull. He then dragged him and made him sit on a bench. Despite his already pitiful condition the torture continued as Thushara was dragged him to a table. He was then ordered to sign a document which had been prepared beforehand. Initially Thushara refused to sign and demanded to know the contents of the document. This was refused and he was then threatened with further abuse if he did not comply with the officers instructions and out of fear of further torture signed the papers.

Thushara was then produced before the Thambuthegama Magistrate’s Courts where he learned that the police had filed a fabricating a case against him accusing him for damaging state property. When he was produced, he denied the charges in front of the Magistrate who granted bail.

After he returned home his family members brought him to the Thambuththegam Government Hospital where he was admitted and treated for two days. He was transferred to the Teaching Hospital of Anuradhapura for further treatment. Thushara was treated in Anuradhapura Teaching Hospital for seven days. Since this brutal and inhumane assault Thushara’s health condition is very bad and he suffers continuous headaches due to the torture.

Thushara complained to the Inspector General of Police (IGP), National Police Commission (NPC), Senior Superintendent of Police (SSP) North Central Province, Assistant Superintendent of Police (ASP), Officer-in-Charge of the Police Station Thambuththegama, Director Special Investigating Unit (SIU) of Criminal Investigation Department (CID) of Sri Lanka Police and the Attorney General (AG) regarding his rights violations. But none of these authorities have started investigation into his complaint. He states that his rights to have investigations and the justice have been violated by the states agencies of Sri Lanka.

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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