SRI LANKA – Severe Torture and Illegal Arrest by Biyagama police 

Severe Torture and Illegal Arrest- Chandana Kumar and Ajith Shatha by Biyagama police

Victims Hetti Kankanamalage Chandana Jagath Kumar (23 years old) and Ajith Shantha Kumana Peli (32 years old)

Date-13^th May, 2003

Perpetrators: A Group of Police Officers from Biyagama Police

A group of drunken policemen attacked two victims, one of whom was Hetti Kankanamalage Chandana Jagath Kumar, on the 13^th May at 2.30 P.M. When Ajith Shantha Kumana Peli came to help Chandana, he was also mercilessly assaulted. Channdana was later hopitalized with serious injuries. Ajith Shantha who was assaulted with rifle butts and kneed to the ground. He had a head injury which required 8 stitches, he still finds it difficult to open his mouth, and both sides of his back are swollen. He, too, was hospitalized later. About 6 policemen were involved in the assault. The two injured persons were thereafter arrested without being given any reason. The victims’ initial request to be taken to the National Hospital in Colombo was denied. However, they were taken there, but only after they developed serious symptoms.

The reason for the assault seems to have been a personal conflict between one police officer and Chandana. The drunken gang of policemen joined with the police officer to assault Chandana. When Ajith Shantha intervened to stop the fight, he, too, was mercilessly beaten.

After Chandana was arrested, the threat was made that he would be produced in court with a bomb, so that he would not be able to gain bail and would therefore languish in remand for a long time.

Complaints have been made by the victims to the police authorities and the National Human Rights Commission.

AHRC also notes that the Officer In Charge of the Police Station is the same officer who was found guilty of committing torture against Gerald Perera, whose case we have reported extensively, and who was awarded the highest compensation ever granted by the Supreme Court. However, all the officers involved in torture, including the OIC, are still in police service. The severe judicial and public demand to take disciplinary action against such officers have not resulted in any positive action. The National Police Commission which has been appointed has not been able to do anything to demonstrate that they are seriously trying to stop torture and other illegal acts. Under Sri Lankan Law, Act No. 22 of 1994, Torture is recognized as a crime punishable with 7 years mandatory imprisonment. However, no one has yet been convicted under this act.

Suggested Letter:

Severe Torture and Illegal Arrest- Chandana Kumar and Ajith Shatha by Biyagama police

We draw your attention to the above-mentioned case. Details show that a gang of drunken policeman have severely assaulted two civilians, causing them severe injuries. Such gang behavior of the police seems to be quite normal practice judging by earlier reports made by international organizations. Despite public criticism no real attempt has been made to stop such practices. The fact that the OIC of the police station is a person who had been found guilty by the Supreme Court makes the situation even worse. We urge you to take suitable action to investigate the matter, to prosecute the offenders under Act. No. 22 of 1994, and to take disciplinary action.

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Thank you.

PAMELA APPS

AHRC Urgent Appeals Programme

Asian Human Rights Commission