SRI LANKA: A man severely tortured by the Katupotha Police only for asking the reason of arrest 

ASIAN HUMAN RIGHTS COMMISSION - URGENT APPEALS PROGRAMME

Urgent Appeal Case: UA-63-2004
ISSUES: Torture,

Dear friends,

The Asian Human Rights Commission (AHRC) is gravely concerned by the severe torture of Aththana Gamaralalage Ravindra (26) by Inspector of Police (IP) Attapattu of the Katupotha Police Station on 13 May 2004. The only reason of brutal torture by the police was that he dared to ask the police the reason of his arrest. It was also reported that at the time of the arrest, the police did not inform the reason of arrest and did not issue the ‘memo of arrest’, which is one of the duties of the police at the time of arrest.

More seriously, IP Attapattu allegedly got a fabricated medical report in cooperation with the District Medical Officer (DMO) at the Kalupotha Hospital before torturing Ravindra in order to cover up his illegal act. According to Ravindra, the DMO issued a false medical report without examining him. After he was taken to the police station again, IP Attapattu brutally tortured him and his left ear cracked as a result of the torture. He is also suffering from mental shock. After being released on police bail, Ravindra is receiving a medical treatment at Kurunegala Teaching Hospital now.

AHRC is deeply concerned by this case and notice that IP Attapattu attempted to fabricate a medical report to hide his torture against the victim. Your urgent action is required to pressure the local authorities to correct this matter immediately.

Urgent Appeals Desk
Asian Human Rights Commission (AHRC)
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DETAILED INFORMATION:

Name of the victim: Aththana Gamaralalage Ravindra, 26, married with one child, a tailor
Address of the victim: Nilminee Tailors, Maha Keliya Road, Katupotha.
Alleged perpetrators: 1) Inspector of Police (IP) Attapattu attached to the Katupotha Police Station, 2) Officer In Charge (OIC) of the Katupotha Police Station
Date of incident: 13 May 2004
Place of incident: Katupotha Police Station

Case details:

At about 7:30 pm on 13 May 2004, A.G. Ravindra was drinking a tea at a boutique belonging to one of his relatives and there were several other people at the shop. At that time Inspector of Police (IP) Attapattu of the Katupotha Police Station came to the boutique in a police vehicle (no. 61- 7410) with several officers. All of them were in civilian clothes. IP Attapatu then arbitrarily arrested Ravindra and three other persons who were at the boutique and took them to the Katupotha Police Station. At the time of arrest, IP Attapattu assaulted Ravindra and his one toenail came off. It is reported that the police did not inform them the reason of arrest and did not issue the ‘memo of arrest’, which is one of the duties of the police at the time of arrest.

At the police Station, Ravindra asked IP Attapattu that why he was taken into police custody. IP Attapattu then assaulted Ravindra and pushed him into a police vehicle. He took Ravindra to the Kalupotha Hospital, a rural hospital where the doctor in charge is a general practitioner whose designation is the District Medical Officer (DMO). Even though Ravindra showed him his wound, the DMO ignored it and issued a false medical report without any examination on Ravindra.

Then IP Attapattu took him back to the Kalupotha Police Station and inhumanly assaulted Ravindra with fists and a wooden pole and then he kicked all over Ravindra’s body with his boots. Ravindra’s left ear cracked as a result of the torture. He has been suffering from mental shock since the incident. He was released on the police bail with the condition that he should appear at the Warriyapola Magistrate Court on 23 May 2004. He was charged of unlawful assembly and causing disturbance in a public place.

After he was released, Ravindra is receiving a medical treatment at Kurunegala Teaching Hospital now. He made a complaint to Deputy Inspector General (DIG) Wayamba (North Western Province) and Senior Superintendent of Police (SSP) Kulyapitya regarding the incident, but no action has yet been taken to investigated this matter.

AHRC has previously reported in several cases that the police attempted to hide their crime by fabricating medical reports in cooperation with the doctors including District Medical Officer (DMO) and Judicial Medical Officer (JMO). A thorough investigation into this torture case should be conducted immediately and responsible officers should be punished by law. We also call for an independent inquiry into attempt of fabrication of document as well.

SUGGESTED ACTION:
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SAMPLE LETTER

Dear
Re: SRI LANKA: An innocent man was severely tortured by the Katupotha Police only for asking the reason of arrest

Name of the victim:
 Aththana Gamaralalage Ravindra, 26, married with one child, a tailor
Address of the victim: Nilminee Tailors , Maha Keliya Road, Katupotha.
Alleged perpetrators: 1) Inspector of Police (IP) Attapattu attached to the Katupotha Police Station, 2) Officer In Charge (OIC) of the Katupotha Police Station 
Date of incident: 13 May 2004
Place of incident: Katupotha Police Station

I am writing to bring to your attention the severe torture of Aththana Gamaralalage Ravindra. 

According to the information I have received, the only reason of brutal torture by the police was that he dared to ask the police the reason of his arrest. At the time of the arrest, the police did not inform the reason of arrest and did not issue the 'memo of arrest', which is one of the duties of the police at the time of arrest. I also would like to draw your attention that IP Attapattu allegedly got a fabricated a medical report in cooperation with the District Medical Officer (DMO) at the Kalupotha Hospital before torturing Ravindra in order to cover up his illegal act later. After receiving a false document, IP Attapattu brutally tortured the victim and his left ear cracked as a result of the torture. The victim is also suffering from mental shock. The victim made a complaint to Deputy Inspector General (DIG) Wayamba (North Western Province) and Senior Superintendent of Police (SSP) Kulyapitya regarding the incident, but no action has yet been taken to investigated this matter.

In light of the above, I strongly urge you to order a speedy and impartial investigation into this case and prosecute the IP Attapattu as soon as possible. IP Attapattu should be suspended from his service while the investigation is going on for the victim's security. I also urge you to hold an inquiry into the fabrication of the medical report and apply legal/administrative sanction against the DMO at the Kalupotha Hospital. 

The IGP, after discussions with the National Police Commission (NPC) and the Human Rights Commission of Sri Lanka has issued a circular in September 2003 stating that all officers the rank of the Officer in Charge (OIC) and above will be held responsible for torture and custodial deaths in caused by the police. I request you to honor their comments and apply strong disciplinary action against the OIC of the Katupotha Police Station as well.

Sincerely yours,



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Send a letter to:

1. Ms. Chandrika Bandaranaike Kumaratunga
President
Democratic Socialist Republic of Sri Lanka
Presidential Secretariat
Colombo-1, Sri Lanka
Fax: +94 11 2 333 703

2. Hon. Mr. K. C. Kamalasabesan 
Attorney General 
Attorney General's Department 
Colombo 12 
SRI LANKA 
Fax: +94 11 2 436 421 
Email: attorney@sri.lanka.net or counsel@sri.lanka.net

3. Mr. Ranjith Abeysuriya PC 
Chairman National Police Commission 
69-1 Ward Place, Colombo 7 
SRI LANKA 
Fax: +94 11 2 669 128 / 691 926 
Fax HOME: +94 11 2 674148
E-mail: polcom@sltnet.lk

4. Inspector General of Police (IGP) 
New Secretariat 
Colombo 1, 
SRI LANKA 
Fax: +94 11 2 381394/ 446174 

5. Dr. Radhika Coomaraswamy
Chairperson 
National 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

6. Mr. Theo C. van Boven 
Special Rapporteur on the Question of Torture 
OHCHR-UNOG, 8-14 Avenue de la Paix
1211 Geneva 10
SWITZERLAND 
Fax: +41 22 917 9016 

Thank you.

Urgent Appeals Programme 
Asian Human Rights Commission (AHRC)
Document Type : Urgent Appeal Case
Document ID : UA-63-2004
Countries : Sri Lanka,
Issues : Torture,