SRI LANKA: Brutal torture of a man by military officers

Dear friends,

The Asian Human Rights Commission (AHRC) has received information that S. Kinsley de Silva (48) was brutally tortured by four army officers following his arrest at his residence on 10 May 2007. The military men, all attached to Army Unit at Old Sri Sumangala Boys School, arrested De Silva in Thalpitiya, Wadduwa without informing him of the reason. Before the military turned him over to the police’ custody, each of them severely beat his face, eyes and body one after the other. It is believed that his arrest could have been a result of his earlier argument with a military man.

CASE DETAILS:

On 10 May 2007 at about 6pm, three military men in uniform together with another person wearing civilian clothes arrived at the home of S. Kinsley de Silva. The military men, riding in a blue van bearing a military license number plate 28-210, entered De Silva’s house while he and his family were asleep. Two of them entered by the front while two others entered by the back. They were able to do due to the fact that De Silva’s house was unfinished and the doors and windows had not yet been installed.

The person wearing civilian clothes was accompanied by his companion when they entered at De Silva’s bedroom. This person in civilians clothe pointed his T-56 machine gun at De Silva’s chest warned him not to stand up. Soon after, he started brutally beating De Silva using his gun before giving it to another soldier. The perpetrators forcibly dragged De Silva by his hair and arms. While De Silva struggled his sarong fell and he was dragged naked into the hall where two other military men, also carrying guns, looked on.

At the hall area, all the four soldiers started brutally beating De Silva with their fists, boots and guns one after the other. When De Silva fell to the ground the person in civilian clothes grabbed his neck and strangled him for few minutes. De Silva pleaded with them to stop but they ignored his plea. The other occupants inside the house likewise tried to stop them from assaulting De Silva, but they threatened them not to intervene otherwise they would be assaulted too. When De Silva’s neighbours started gathering outside their house after they heard commotion, the military instead told them to ‘to mind your [their] own business’.

Only when De Silva’s injuries and eye started to bleed the military officer stopped assaulting him. Had De Silva’s wife not been able to put on his sarong and a shirt the military would have dragged him naked outside their house towards their vehicle. De Silva was taken to a nearby Gardenia Village, where the person wearing a civilian clothes, was residing. They opened a room showing him a gun and other items purposely to intimidate him.

Later the military men took De Silva towards the Wadduwa Police Station. When they arrived at the police station, De Silva was surrounded by three of the military men while the person in civilian clothes went inside the police station to meet the Officer in Charge (OIC). The OIC, likewise subsequently had De Silva detained inside their detention centre. While in detention for about five to six hours, the police did not provide him medical attention even though his face and injuries were bleeding. De Silva was later taken to the OIC’s office where several military officers and a woman were waiting. The military officers were seen talking to this unnamed woman.

One of the military officials introduced himself to De Silva as the Commanding Officer (CO) in charge of the area where the incident took place. He also claimed to have jurisdiction over the four military men involved. The said officer however indirectly threatened De Silva that he could do anything to him. He also asked Silva whether or not he was willing to enter into a settlement or file charges in court. De Silva remained silent. At this time, OIC quickly said he had nothing to do with De Silva’s arrest and advised De Silva to instead seek treatment at the hospital. The OIC also told him he would refer the matter regarding the assault on him to the Conciliation Board.

It was only this time where the police started recording De Silva’s statement. The OIC, however, did not allow De Silva to read what the police have written nor explained to him its content–which is required by law. He was simply told to sign it and gave him a Medico-Legal Examination (MLE) Form. De Silva was accompanied by his family when they went to the Panadura Hospital.

At the hospital, De Silva reported to the hospital authorities regarding the assault perpetrated against him by the military officers. Several stitches had to be inserted under his eye and he had to be confined at the hospital. On May 14, De Silva was examined by a Judicial Medical Officer (JMO) before he was discharged from the hospital. He was instructed to visit the hospital three days later in order for his follow-up medication. While in hospital, De Silva’s his wife, Pushpalatha, also lodged a complaint at the Wadduwa Police Station.

Separate complaints were also filed before the Army Commander, Human Rights Commission, National Police Commission, Inspector General of Police (IGP), Senior Superintendent of Police (SSP), Kalutara and other authorities concerned regarding the arrest, detention and brutal torture inflicted against De Silva by the military officers and the police. De Silva had no charges filed against him to warrant his arrest and subsequent detention.  The victim believes that the argument he had with one of the military man on a day before the arrest could have been the reason why they did it to him.

SUGGESTED ACTION:
Please write to relevant authorities listed below urging for their immediate intervention into the victim’s case. An independent and credible inquiry must be conducted to have the allegations against the military men involved investigated. The police must also be investigated as why it detained the victim without formal charges and for their inaction to provide him medical attention. Immediate sanctions must also be imposed upon the military and policemen involved once investigation commences.

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