SRI LANKA: Yet another custodial death in Ratgama police

Dear friends,

The Asian Human Rights Commission (AHRC) deeply regrets to inform you of yet another death of a man, Thadallage Chamil Weerasena (29), in custody of the Ratgama police following his arrest on 21 July 2007. Before he died, he told one of his friends that the police had mercilessly beaten him and shown his to her his injuries. His death was suspicious but the report signed by the Magistrate Galle concluded he died of hanging. No fresh investigation was conducted regarding questions to the cause of death.

CASE DETAILS:

At around 5am on 21 July 2007, an anonymous caller informed Thadallage Chamil Weerasena’s mother, Kande Gamis Hamy, that her son has been taken in by the Ratgama police. The phone number recorded was 091 22 67222. But when Hamy redialed the said number, the person who answered it denied calling and hang up.

At 8am Hamy went to the Ratgama police station. She saw her son detained inside the police cell. When she tried to go near him a female constable and another officer chased her away. Her son, however, signaled to his mother by his hands that he needed a shirt.

Then Hamy went home to get a sarong, a shirt and cooked a lunch packet for his son. She asked one of the victim’s friends, Kosma Nandaseeli, to supposedly give those to him. The Reserve officer allowed Nandaseeli to visit the victim, but did not allow her to give him food and shirt she was carrying for him but only sarong. At this time the victim told her that the police had assaulted him mercilessly. He had shown her the marks he sustained from the assault.

When the victim’s elder brother, Thadallage Suriyasena, went to visit him at around 2pm and 4pm, the police did not allow him. Later that night, at about 11:20pm two police officers from the Ratgama police came to the victim’s house in a jeep and took his father, Thadallage Tyman, to the police station.

The victim’s youngest brother, Thadallage Jayantha, arrived shortly informing his mother that his brother had already died. Upon hearing the news, Hamy and her elder son immediately rushed to the police station. There they saw the victim’s dead body still inside the cell. It was covered with a sarong given to him by his mother. Hamy said her son’s trouser was tied to prison cell’s door as high as her height.

When she started crying loudly, the Officer-in-Charge (OIC) of the said police station instead threatened to put her inside the cell if she doesn’t stop.

At about on July 22, when Hamy went to the police station, she noticed that her son’s trouser, which was tied about as high as her the previous day, was already at the time tied in a place even higher than it was. At about 9am, a doctor came and took some photographs. At about 9:30am the Magistrate came as well. While they are conducting inquiry, Hamy told them about what she noticed and told them that her son’s death was suspicious. Hamy however was not aware whether the doctor and Magistrate had recorded her statements. Thereafter the body was taken to Karapitiya.

Hamy has seen her son’s dead body from the police’s prison cell until it was taken to the Karapitiya hospital. She noticed injuries of assault on the back, chest and face. She had also seen blood on the victim’s head. Before it was taken to the hospital, bloodstains were also seen at the detention cell. But the when the findings came out, a letter signed by the additional Magistrate Galle indicated the victim died of hanging.

No further investigations however were conducted to look into Hamy’s observation regarding the death of her son and the confession the victim had given to a friend who had spoke to him before his death.  It was only on July 27 that the Additional Magistrate Galle had taken statement from Hamy and her husband.

There are witnesses that could give testimonies to the police regarding the death of the victim but the police did not include them. For instance, Kosma Nandaseeli was able to speak with him before his death.

Three years ago, the Ratgama Police had filed false charges against Thadallage Chamil Weerasena for alleged possession of illegal drugs. He pleaded not guilty and the case remains in progress in court at the time of his death.

When the case was heard in June this year, he was not able to attend. His failure to attend the said hearing however has resulted to the issuance of an arrest warrant against him by the court. The police later went to his house three or four times looking for him but he was not there. But there are eye witnesses who said one Sew, who is alleged to have connections with the Ratgama police, caught him and turn him over instead to the police at about 9:30pm on July 20.

ADDITIONAL COMMENTS:

This is not the first time where arrested persons by the Ratgama police died and brutally tortured while in their custody following arrest.

In September 2003, a 16-year-old boy, Hikkaduwa Liyanage Sandun Kumara, was also arrested over false charges and was subsequently tortured. He was arrested over allegations he stole an item knew nothing about. The police kicked his legs, dropped him on to his back and trampled him by his shoes. They also hang him up to a tree using his trousers waistband before dropping him to the ground. For further details please read: UP-67-2003.

In 27 May 2005, victim Kosma Sumansiri died days after he was taken to a hospital apparently due to the serious injuries he had suffered as a result of brutal beatings by the police. At the time he was arrested together with his three colleagues, he was in good physical condition until he became seriously ill and later died while being treated. For details please read: UA-111-2005.

In 16 February 2006, victims D. Indika Wasantha and his wife, Kumudini Malkanthi, who was eight-month pregnant at the time, were also arrested and subsequently brutally beaten by the same police unit. The woman suffered serious injuries threatening the progress of her pregnancy at the time. The couple was arrested following the husband’s refusal to lend their vehicle to the police. For details please see: UA-085-2006.

SUGGESTED ACTION:
Please write letters to the concerned agencies requesting for a fresh inquiry into the suspicious death of Thadallage Chamil Weerasena. The victim’s family and witnesses must be included in the investigation to ensure its credibility. Immediate sanctions must also be imposed against the policemen involved in this case.

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