SRI LANKA: Severe torture by the Negombo Police on inducement by influential third party

Dear friends,

The Asian Human Rights Commission (AHRC) has received information regarding the brutal assault of a 36-year-old man, Mihindukulasuriya Lal Fernando, by several members of the Negombo Police who came to arrest him in three police vehicles. This was, allegedly after the victim had an argument with a prominent businessman in the area. When he was produced before the Judicial Medical Officer (JMO) the police warned him not to reveal the police assault to the doctor or else he would be falsely implicated in a robbery case and imprisoned for a few years. Thereafter he was forced to sign a statement prepared by the police on the threat of further violence, if he refused to comply.

CASE DETAILS:

On 6 April 2007 about 7:45pm about 15 to 18 armed policemen in civilian clothes and in three police vehicles visited a house in Kudapaduwa Negombo where M. Lal Fernando was residing at the time. Several of them broke into the house through the back door. Mr. Fernando who was in the bathroom, heard the commotion and came outside. The two of the policemen pounced on him shouting “you are our man” and gave Mr. Fernando two hard slaps on his face.

Mr. Fernando recognised three policemen as Fernando, Bandara and Priyanath and queried from them why they had broken into the house and assaulting him. The policemen replied, “How dare you spit on Bada (big-tummy) Nimal”? Bada Nimal was a prominent businessman of the area involved in the fisheries industry. Mr. Fernando denied spiting at Nimal and insisted he only had an argument with him. Nonetheless the policemen handcuffed him and dragged him outside the house. Outside, Mr. Fernando says he saw eight policemen nearby and seven more further down the road. The policemen continued to drag Mr. Fernando up to the Kudapaduwa Church and severely assaulted him. The Negombo Police Officer-in-Charge (OIC) also arrived at the scene and striking him queried sneeringly, “How dare you spit on the face of Bada Nimal?” When Mr. Fernando continuously denied doing so he says the policemen thoroughly assaulted him for about 15 minutes.

At the time, Mr. Fernando’s wife came outside the house with a pair of trousers and asked the policemen to give her husband room to at least wear them, as he had been wearing only a towel at the time he was dragged out of the house. But instead, the police pulled her by the hair, verbally abused her in foul language and chased her away. Then the towel-clad and injured Mr. Fernando was shoved into and taken away in a police jeep; the policemen continuing to pummel him inside the vehicle. They took him to the Kamachchode junction in Negombo and pushed him outside the vehicle. Mr. Fernando says, as he fell to the ground the towel around him was thrown away and he was rendered completely naked. When a bystander attempted to help him wear the towel, he too was assaulted and scolded in foul language by the Police Station OIC. The policemen then repeated their assault on Mr. Fernando despite the fact he was laying on the ground injured.

The OIC then instructed someone to fetch ‘Bada Nimal’ to the place. After about 15 minutes when ‘Bada Nimal’ came, the policemen dragged Mr. Fernando to him and forced Mr. Fernando to kneel before him and seek his forgiveness. Two policemen, Lakshman and Fernando trampled his head with their boots. Then the OIC told ‘Bada Nimal’ to spit on Mr. Fernando at which request Bada Nimal spat on the ground nearby. Thereafter the OIC pulled Mr. Fernando to his feet and viciously punched his stomach. Then the OIC spat on his face.

The police put Mr. Fernando into the jeep and took him to the Negombo Police Station.  Mr. Fernando alleges that even at the Station gate, the OIC repeatedly assaulted and spat on him.  Then, some other policemen were instructed to ‘lock him up’. Policemen Bandara and Fernando asked what case to (falsely) charge Mr. Fernando with at which the OIC replied “let us put a robbery case on him and send him in for a few years”. Accordingly, Mr. Fernando was locked up in a holding cell until 9:30am the next day.

The next day, about 11:30am he was taken before a Judicial Medical Officer (JMO) at the Negombo Hospital. However before leaving, the police warned him that if he told the JMO he was assaulted by the police, they would falsely implicate him in a case and send him to jail for 3-4 years. Mr. Fernando also says the policemen boasted that they had the licence to do whatever they wanted; they decided what to write and what cases to construct. At the hospital, the JMO examining him saw the injuries on his face asked him whether he had been assaulted. But because two policemen were by his side, Mr. Fernando remained silent. He was taken back to the police station where he says the OIC indicated to a couple of small bombs and an old revolver and said: “we had already prepared the goods to implicate you with but since you remained silent we will not do so.” Mr. Fernando was then ordered to sign a statement prepared by the police. After reading its contents, Mr. Fernando refused to sign saying that he was not involved in the incidents mentioned therein. But policemen Piyaratne and Fernando threatened him that ‘next he will be hung and tortured’ unless he signs immediately. Out of fear, Mr. Fernando says he had little choice but to sign the document.

About 2:30pm, the police took Mr. Fernando to the Magistrate’s official residence and obtained an order to remand him for three days. However fortunately for Mr. Fernando, remand officials noticed his injuries and warded him at the remand hospital. On 9 April 2007 he was released on bail. However two days later, April 11, Mr. Fernando had suffered from nose bleeds and severe body pain. He had to be admitted for about three days at the Negombo Hospital.

Mr. Fernando has now complained to the Inspector General of Police, Deputy Inspector General of Police (North Western Province), Human Rights Commission, National Police Commission, the Attorney General, and the Chief Justice about the severe torture, degrading treatment, as well as illegal arrest and detention he suffered at the hands of the Negombo police.

SUGGESTED ACTION:

Please write to the relevant authorities listed below and urge them to take immediate legal and disciplinary action against the alleged perpetrators, who illegally arrested, detained and then tortured the victim causing him severe injuries. Please also urge them to ensure that appropriate compensation be paid to the victim for the gross violation of his fundamental rights.

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