SRI LANKA: Illegal arrest and torture of a mentally retarded young man

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Dear __________,

SRI LANKA: Illegal arrest and torture of a mentally retarded young man

Name of the victim: P.K. Dammika, 22 year-old, mentally retarded. He is a resident of Mahagedara watte, Ihalagoda, Akmeemana
Alleged perpetrators: SI Laksiri, SI Somapala, and the SI known as Bolai (ball)
Date of incident: 16 March 2007
Place of incident: Akmeemana Police Station

I am writing to express my concern over the illegal arrest and torture of a mentally retarded young man in Akmeemana, Sri Lanka. The victim, P.K. Dammika, was illegally arrested by officers of Akmeemana police on 16 March 2007, he was accused to be involved in a theft case. During detention, Dammika was allegedly tortured and forced to confess; his family was also harassed, and his house was searched and raided. Although the residents of the vulgarised house admitted that the victim was completely unknown to them, he remained in police custody and was allegedly repeatedly tortured.

I learn that at around 2:00p.m. of 16 March 2007, the victim Dammika was on a bus with his mother, Haththatuwa Gamage Mallika and some other family members. He was 22 years old and mentally retarded. Mallika recalled that she saw a police officer in plain clothes named Laksiri, he shouted to them, “There is the thief, and must catch him.” When Dammika and his family got off the bus, four police officers in plain clothes arrested Dammika, and took him in a jeep to the Akmeemana police.

I am informed that during police custody, Dammika was allegedly assaulted and interrogated, despite his mental disability. Dammika was then taken back home and asked to give out the stolen goods. Two police officers named Somapala and Bolai (ball) searched the almyraha, and took some imitations goods with them. While they were going to leave the house, the victim’s father told them that the goods were only imitations. The officers threw them away, and assaulted Dammika again. The victim’s parents wanted to stop that, but they were assaulted too. The victim was then taken back to the police station.

On 17 March 2007, Mallika visited the victim in the police cell. She was told by an officer “not to wipe her thief son clean, and that mother and son both will be put into the lock up.” An officer known as Bolai then pushed her away. When the police officers were not there, Dammika told his mother that he was assaulted, and he was also threatened not to tell that to his mother.

Police officer Somapala then took a statement from Dammika. Somapala allegedly shouted at him, “Tell this woman, were you assaulted by us?” “Tell us at what price did you sell the golden goods? Tell that you took Rs 4,700 ( about US$ 43).” The victim then agreed to everything, and admitted that he had given everything to his mother. Somapala and the other officer then threatened Mallika to confess that she had brought the TV with the stolen money, and threatened that she and her son would be produced in court. 

I am also informed that on the same day, Dammika was brought home by Akmeemana police again. He was asked again to show the location of the stolen goods. His father and the youngest brother were at home. Dammika again showed the police the imitation goods. The officers were very angry, and shouted to his father if he raised his children as thieves. 

The officers then took the Dammika to the houses where the theft happened. The residents of the house said the victim was completely unknown to them. The officer again beat him and took him back to the police station. 

On 19 March 2007, through Attorney-at-law Mohamed, the family learned that Dammika was produced to court. When Dammika met his parents, he was in a very bad condition and could hardly talk. He said he was assaulted again on his head, chest, hands and feet with baton poles. 

I am shocked by what had happened to Dammika. No matter he is a suspect of the alleged theft case or not, he should not be subjected to torture or forced confession, especially he is mentally disabled. I therefore urge the government to release Dammika immediately, and provide him with medical care needed.
I am also very concerned about the alleged police involvement in the case. The police officers of Akmeemana police station who were allegedly involved in the incident should be investigated according to relevant disciplinary rules and laws; if the allegations are proved, they should be prosecuted accordingly to grant justice to the victim and his family.

I look forward to your prompt and effective response in this matter.

Yours sincerely,

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PLEASE SEND YOUR LETTERS TO:

1. Mr. Victor Perera
Inspector General of Police 
New Secretariat 
Colombo 1
SRI LANKA 
Fax: +94 11 2 440440/327877
E-mail: igp@police.lk

2. Mr. K. C. Kamalasabesan 
Attorney General 
Attorney General’s Department 
Colombo 12 
SRI LANKA 
Fax: +94 11 2 436421
Email: attorney@sri.lanka.net

3. Secretary
National Police Commission
3rd Floor, Rotunda Towers,
109 Galle Road
Colombo 03
SRI LANKA
Tel: +94 11 2 395310 
Fax: +94 11 2 395867
E-mail: npcgen@sltnet.lk

4. Secretary
Human Rights Commission of Sri Lanka
No. 36, Kynsey Road 
Colombo 8 
SRI LANKA 
Tel: +94 11 2 694 925 / 673 806 
Fax: +94 11 2 694 924 / 696 470 
E-mail: sechrc@sltnet.lk

5. Prof. Manfred Nowak
Special Rapporteur on the Question of Torture
Attn: Safir Syed
c/o OHCHR-UNOG
1211 Geneva 10
SWITZERLAND
Tel: +41 22 917 9230
Fax: +41 22 917 9016 (ATTN: SPECIAL RAPPORTEUR TORTURE)

Thank you.

Urgent Appeals Programme 
Asian Human Rights Commission (ahrchk@ahrchk.org)