SRI LANKA: Alleged illegal detention and torture of a man by officers at Kuruwita Police 

Dear friends,

The Asian Human Rights Commission (AHRC) has received information of the alleged torture of Mr. Ranawaka Arachchige Hemasiri (40) by Police Constable Sunil and another police constable (who can be identified if seen again) at the the Kuruwita Police Station on 19 September 2004. Due to the brutal torture inflicted upon the victim by PC Sunil and the other officer, the victim was hospitalised for a period of nine days.

Officers involved in the case informed the victim that an arrest warranted had been issued against him.  No such warrant was every produced however, suggesting that the victim was illegally arrested and detained.

It is alleged that the victim was prosecuted on false charges, as police are said to have fabricated that the victim was in possession of 6 bottles of illicit liquor. Though the victim acknowledges his previous involvement in illegal liquor sales, he has confirmed that he is no longer in this business.  In past the AHRC has reported several cases in which former illicit liquor sellers, who gave up such a business, were punished by police officers. The illicit liquor business is often of great benefit to police officers, as such business can only be carried out by paying bribes to the police. When the sellers of liquor give up their business, some police officers lose a source of extra-income.

The AHRC calls for your urgent intervention into this case. Please send a letter to the Sri Lankan authorities and urge them to immediately inquire into this case. Please also request them to take legal/disciplinary action against the police officers that are responsible for the torture and fabrication of charges against the victim.  An inquiry should also be established towards the Ratnapura Magistrate for his negligence in remanding a person who had not even appeared before him.

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

Name of the victim: Ranawaka Arachchige Hemasiri; 40 years old; casual laborer, married with four children
Alleged perpetrators: 1) PC Sunil (R 62071) of Kuruwita Police Station, 2) Police constable attached to the same police station who can be identified by the victim, 3) Officer in Charge (O.I.C.) of the Kuruwita police station
Period of illegal detention and torture: 19-20 September 2004
Place of incident: Kuruwita Police Station

Case details: (Based on the account of the victim)

On the night of September 19, 2004, officers from the Kuruwita Police Station took Ranawaka Arachchige Hemasiri into custody, where he was told that a warrant had been issued for his arrest. No such warrant was every produced however, suggesting that the victim was illegally arrested and detained.

R.A. Hemasiri believes he was prosecuted on false charges, as police are said to have fabricated that he was in possession of 6 bottles of illicit liquor. Though R.A. Hemasiri acknowledges his previous involvement in illegal liquor sales, he has confirmed that he is no longer in this business.  In the past the AHRC has reported several cases in which former illicit liquor sellers, who gave up such a business, were punished by police officers. The illicit liquor business is often of great benefit to police officers, as such business can only be carried out by paying bribes to the police. When the sellers of liquor give up their business, some police officers lose a source of extra-income.

At 2:10am on the morning of 20 September 2004, whilst R.A. Hemasiri was still in custody, PC Sunil (R 62071), requested his attention.  When he did not respond, another PC put his hands through the iron bars of the cell, and dragged R.A. Hemasiri forward.  R.A. Hemasiri told this PC that he did not believe that an arrest warrant had been issued against him, and that he was not in possession of illicit liquor, as the police alleged.  In response, PC Sunil scolded R.A. Hemasiri and warned him that the police can fabricate charges in situations such as this.

At this point, PC Sunil asked the other constable to hold R.A. Hemasiri.  PC Sunil then proceeded to beat him extremely hard in the lower part of the abdomen, using a broomstick as his weapon.  After four or five beatings, R.A. Hemasiri fell to the floor in pain.  PC Sunil, upon seeing the extent of the injuries he had inflicted, asked for the cell to be opened.  The Reserve Police Constable in charge of the cell keys, however, refused this request and therefore the cell remained locked.  Despite cries for help by R.A. Hemasiri throughout the night, no medical assistance was provided.

When R.A. Hemasiri’s wife went to the police station on the morning of September 20, the victim informed her that the police had tortured him.  On the same day, at approximately 1:30pm, O.I.C Kapila Abeynayake arrived at the station.  R.A. Hemasiri notified the O.I.C of the torture and told him that his condition was serious.  The O.I.C then removed the victim from his cell, and asked a WPC (woman police constable) to record his full statement.  R.A. Hemasiri signed this statement, though he did not directly write it, nor was he allowed to read its contents.

Later that afternoon, at approximately 4:00pm, the police took R.A. Hemasiri to the Ratnapura General Hospital, where he was taken to ward number 6.  R.A. Hemasiri told the doctor, who examined him, that the police had tortured him the previous night.  A police constable was present throughout this entire process.

At this point of the proceedings, the Ratnapura Magistrate remanded R.A. Hemasiri in custody, despite the victim having never been presented before him.  Following this action, and at approximately 7:00pm on the same evening (September 20), a prison officer took charge of the victim whereupon he chained one of the victim’s legs to the bed.

By September 21, R.A. Hemasiri could not pass urine, and therefore a catheter had to be inserted.  He remained in this state until September 24.  On September 24, R.A. Hemasiri was taken to Kuruwita prison.  Upon arrival, and on the instructions of the prison doctor, he was then transferred to Welikade Prison Hospital, where he received treatment until September 29.  On the morning of September 30, R.A. Hemasiri was taken to Ratnapura Magistrate Court.  A lawyer who appeared on behalf of R.A. Hemasiri demanded a fee of Rs. 1000 from the victim’s wife.  Once in court, the lawyer entered a guilty plea, despite not having received instructions by the victim, nor his wife, to do so.  R.A. Hemasiri was found guilty of his charge, and fined Rs. 11,000.  R.A. Hemasiri paid Rs. 5,000 of this fine, and was released on condition that the balance be paid at a later date.

Apart from the police torture and the illegal detention of R.A. Hemasiri, based on fabricated charges, the Ratnapura Magistration remanded the victim without even having seen him.  Additionally, the victim’s lawyer did not inform the court that the victim had been brutally tortured by police officers whilst in custody.  Furthermore, the lawyer told the court that the victim was pleading guilty, despite having received no instructions to do so.

The AHRC is deeply concerned by this alleged brutal torture of R.A. Hemasiri by Police Constable Sunil and another police constable (who can be identified if seen again) at the Kuruwita Police Station. Even if there were any particular valid charges against the victim, the Kuruwita police should have investigated the case according to due process instructed by law. However, the police used their common method of brutality to harass R.A. Hemasiri instead.

In light of the above, the AHRC strongly requests the government of Sri Lanka to order an immediate and impartial investigation into this case. The policemen who are responsible for the torture of Mr. Hemasiri must be prosecuted and brought to justice. Likewise, the O.I.C should be investigated for his apparent failure to properly report the victim’s allegations of torture by his officers.  The magistrate who remanded Mr Hemasiri in custody, despite the victim having never appeared before him, should also be questioned regarding this matter.

SUGGESTED ACTION:
Please send a letter, fax or an email to the addresses below and urge them to take immediate legal/disciplinary action against the alleged perpetrators who are responsible for this serious case.