SRI LANKA: Illegal arrest and severe torture of a man by the Horana Police 

Dear friends,

The Asian Human Rights Commission (AHRC) has received information that Punchi Kankanamge Nimal (37, a casual worker) was severely tortured by the Horana Police on 6 June 2004. The police arbitrarily arrested P.K. Nimal on suspicion of theft without any concrete evidence and assaulted him in order to make him confess. According to the victim, when he denied the charges, an officer, who tortured him, threatened P.K. Nimal saying that he would make false charges against him of possessing a bomb. Later he was forced to sign a document written by the officer. He is still suffering from injuries caused by the police torture since he was released on bail. Even though the victim’s wife reported the incident to the Assistant Superintendent of Police (ASP), Horana on 10 June 2004, there was no action taken by the police to investigate this incident.

Please send a letter to the local authorities and demand them to take immediate legal/disciplinary action against the responsible officers for the torture of P.K. Nimal. The full medical treatment should be provided to the victim as well.

Urgent Appeals Desk
Asian Human Rights Commission (AHRC)
——————————————————

DETAILED INFORMATION:

Name of the victim: Punchi Kankanamge Nimal, 37, a casual worker, resides in Kekulaliya, Poruwadanda
Alleged perpetrators: Officers attached to the Horana Police Station
Date of incident: 6 June 2004
Place of incident: Horana Police Station

Case details:

At about 9:00 a.m. on 6 June 2004, Punchi Kankanamge Nimal went to report to the Horana Police Station as the police requested. When he reached the station, an officer, who came to his workplace on the previous day, took P.K. Nimal to a room and started to assault him severely, questioning him about the loss of a motor at his workplace. The officer hit P.K. Nimal’s face and ears and then hit his buttocks and thighs with a rubber hose for about 10minutes. Later he took P.K. Nimal out of the room and put handcuffs on him. About 15 minutes later, he put the victim into a cell.

The same officer returned in about 15 minutes and dragged P.K. Nimal out of the cell and took him again to the same room. He ordered the victim to kneel down and slapped his face and ears for about 15 minutes. After that, he ordered P.K. Nimal to strip off his clothes except underwear and brutally kicked the victim’s thighs and lower part of the stomach with his boots. P.K. Nimal fainted twice while he was tortured but whenever he fainted, he was pulled up and made to kneel down. The officer tortured him again for about 20 minutes on his shoulders, chest and back.

After a while, the police ordered P.K. Nimal, lying in pain, to stand up and dress. The police then took him to a hall and asked him to sit on a chair. They questioned him about the theft of a motor again about which he said he knew nothing. Then the same officer, who tortured him put P.K. Nimal to the torture room again and threatened him saying that he would make false charges against him of possessing a bomb if he did not tell the truth. He also grabbed the victim’s sarong and pulled him up and then dropped him on the ground twice. Again he assaulted P.K. Nimal with a rubber hose for some time. After that, P.K. Nimal was taken to the hall again. At about 5:30 p.m., an officer, the person who drove the vehicle when the police visited the victim’s workplace on the previous day, questioned P.K. Nimal again about the loss of a motor and forced him to sign a document written by the officer.

The victim’s friend came to the police station and took him out on personal bail and went back home at about 8:00 p.m.. As the victim was in a bad condition due to torture by the police, the family took him to the Ingiriya Government Hospital on 7 June 2004, where he was admitted in ward no.01 until 11 June 2004. Soon after the admission, the victim was given saline. The doctor who examined him noted all his body injuries.

On 10 June 2004, the victim’s wife, Ms. H.M. P.J. Gunarathna, reported the incident to the Assistant Superintendent of Police (ASP), Horana. However, no police came to the hospital to take the statement about the incident from the victim, and he was not produced before a Judicial Medical Officer (JMO), either.

AHRC is deeply concerned by the inhuman torture of P.K. Nimal by the Horana Police and request the local authorities to take immediate legal/disciplinary action against the responsible officers. Full medical treatment should be provided to the victim as well.

On 19 January 2004, the High Court of Colombo made the first conviction against the torture perpetrator M.J.T. Jayalath, a Sub Inspector attached to the Wallawatta Police Station, under the Prevention of Torture Act (CAT Act), Act No. 22 of 1994. The accused was sentenced to seven years rigorous imprisonment and a fine of 10,000 Rupees in default of the payment of which a further two years of imprisonment will be added. AHRC welcomes the High Court’s decision as a progressive move to stop the practice of torture. At the same time, AHRC urges the Sri Lankan government to keep taking its efforts to eliminate torture expediently.

SUGGESTED ACTION:
Please send a letter, fax, or email to the addresses below and express your concern about this case.

To support this case, please click here: SEND APPEAL LETTER