SRI LANKA: The widespread practice of torture; Illegal arrest, torture and fabrication of charges by police
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– Name of the victim: A.M. Kusumawathie (37), mother of three children in Uppuwatte, Warapitiya, Darganagaraya
– The date of torture: October 22, 2002
– Tortured by: Aluthgama Police
CASE DETAILS
Kusumawathie was assaulted by police with clubs when she failed to provide information about some people who had engaged in gambling in the neighborhood of the house she was visiting. A group of four policemen led by the Sub Inspector of police named Nishantha belonging to Aluthgama police station, conducted a raid in some gambling places but as they arrived the gamblers fled.
Kusumawathie who was visiting a house near the place that the raid took place, was asked to identify the names of the gamblers and she denied any knowledge of them. The Sub-inspector then allegedly had beaten her hand and back with a club. Her handbag with four thousand and eight hundred Rupees (Rs.4800, about 500 USD) was also been stolen by the police. The reason for her arrest and assault, the woman thinks, is for their amusement of the police after the gamblers had fled.
Kusumawathie was then arrested with four other women in the neighborhood and taken to Beruwela police station. At the night of October 22, 2002, she was taken to Beruwela Hospital. Though she insisted on being accompanied by a woman, the male police group took her alone. The lady doctor bandaged her hand and instructed her to be taken to Nagoda, Base Hospital. However, she was not been taken to the Base Hospital. No food or water was given to her or the other women during the night. The next day, the bandage on her hand was removed by the police and she was produced in court with other four women, on fabricated charges of gambling. The court ordered bail.
She made immediately a complaint to the Assistant Superintendent’s office at Kalutara but no action has been taken so far. On 25th of October, due to severe pain she had gone to Nagoda, Kalutara, Base Hospital and there she was told that the bones of her hand is fractured and she was subjected to surgery. Though she was discharged from Hospital two days after the surgery, she was readmitted on November 14 and is still undergoing treatment.
In this case, the victim alleges torture, illegal arrest, fabrication of charges, refusal to be accompanied by woman warden, inhumane treatment by way of refusal to have her hospitalized according to the medical advise and the refusal to give food and water.
SUGGESTED ACTION
Please send your letters to the Prime Minister, Attorney General and Inspector General of Police (IGP) of Sri Lanka.
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SAMPLE LETTER
Dear
Re: The case of torture of Kusumawathie by Aluthgama police
I draw your attention to this case, where a 37 year old woman, mother of three children been tortured by police and having to undergo surgery. The reason for her illegal arrest, assault and further ill treatment is her alleged failure to provide information about some gamblers.
The case is one of many cases of torture routinely practiced by the Sri Lankan police. The failure on the part of the Attorney General’s Department and the government of Sri Lanka to take effective action to prevent torture has resulted in the systematic use of torture in the most casual manner.
I urge that Sri Lanka’s Anti-Torture Law (Act No.22 of 1994) be enforced and the perpetrators of torture in this case and others be brought to justice.
Thank you.
Sincerely yours,
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PLEASE SEND YOUR LETTERS TO;
1. Honorable Prime Minister
Mr. Ranil Wickremasinghe
Cambridge Place
Colombo 7
Sri Lanka
Fax: +94 1 682905
Email: secpm@sltnet.lk or bradmanw@slt.lk
SALUTATION: Hon. Prime Minister
2. Hon. Mr. K.C. Kamalasabesan
Attorney General
Attorney – General’s Department
Colombo 12
SRI LANKA
Fax: +94 1 436 421
Email: attorney@sri.lanka.net or counsel@sri.lanka.net
SALUTATION: Dear Attorney General
3. Mr. T. E. Anandrajah
Inspector General of Police (IGP)
New Secretariat
Colombo 1,
SRI LANKA
Fax: +94 1 446174
SALUTATION: Dear Inspector General of Police
