SRI LANKA: A man tortured and prosecuted on an alleged false charges by the Hasalaka Police station

Dear friends,

The Asian Human Rights Commission (AHRC) has received information that a man named Kadawatha Gedara Dharmasiri (32) was tortured and prosecuted on an alleged false charge by Police Officer Kithsiri, of the Hasalaka Police Station, on 2 August 2004. Due to the torture inflicted by Officer Kithsiri, the victim now suffers from severe pain in his left hand, left arm and left rib cage.  The victim has been hospitalised for his injuries and doctors fear that the damaged caused may be permanent.  It is also alleged that the victim has been prosecuted on the false charge of making illicit liquor, an allegation that the victim strongly denies. 

Your urgent action is required to request the authorities to take corrective actions into this matter. Please urge the local authorities to properly investigate this case, and arrest and prosecute Police Officer Kithsiri of the Hasalaka Police Station under the Convention against Torture (CAT) Act of Sri Lanka (Act No. 22 of 1994) as urgently as possible. 

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

Name of the victim: Mr. Kadawatha Gedara Dharmasiri, 32 years old, a labourer
Address of the victim: Ulpathagama, 17 Ella, Hasalaka   
Alleged perpetrator: Police Officer Kithsiri attached to the Hasalaka Police Station
Date of the incident: 2 August 2004
Place of the incident: Closer to a boutique shop in Ulpathagama 
Police station involved: Hasalaka Police Station

Case details: (Based on the victim’s account)

On 2 August 2004 Police Officer Kithsiri of the Hasalaka Police Station approached Mr K.G. Dharmasiri who was near a boutique shop in the village of Ulpathagama. Police Officer Kithsiri then proceeded to torture Mr K.G. Dharmasiri, seriously injuring him on the left hand, left arm, left rib cage, back and head.  The Police Officer accused the victim of making illicit liquor, an allegation that the victim strongly denies. 

On 16 August 2004 Mr K.G. Dharmasiri approached a local human rights organisation and informed them that he had been tortured by the Hasalaka police. In response, the organisation on behalf of the victim lodged an official complaint with the Kandy Police Station, the National Police Commission and the National Human Rights Commission, stating that the victim had been tortured and prosecuted on a false charge. 

On the same day (August 16) the human rights organisation had Mr K.G. Dharmasiri admitted to Kandy General Hospital (ward no. 10) to receive treatment for his injuries. The following day (August 17) the victim was sent to the operating theatre to have his left hand operated on, the fingers of which he was unable to bend.  The doctor however decided against surgery and placed a plaster over the victim’s left hand instead.  The victim remained in hospital for two days where he received treatment for his hand, arm, rib cage, back and head.  

On 21 August 2004 Mr K.G. Dharmasiri was advised of a subsequent date for surgery and was sent home until then.  He returned to hospital on August 23 (ward no. 17), and thereafter transferred on 24 August (ward no. 24) in preparation for surgery.  On August 24, surgery was carried out on the victim’s left hand and a cracked bone was removed.  The doctor mentioned that the correction of the small finger was not possible, and that the damage done to the hand might be permanent.  Following this, an x-ray was to be taken at 3:00pm on August 26.

Mr K.G. Dharmasiri has informed us that he is still in pain and suffering from his injuries.  

In the meantime, Mr K.G. Dharmasiri’s case was due to go to court on August 8.  Mr K.G. Dharmasiri however, was not made aware of the date and did not attend court.  Due to his absence, a warrant was issued against him.  The case was then scheduled for 23 August, on which date Mr K.G. Dharmasiri could not appear as he was hospitalised for the surgery to his hand. 

Finally on October 18, the victim’s charge of making illicit liquor was finally heard before the Mahiyangana Magistrate Court.  Mr K.G. Dharmasiri informed the human rights organization that he received a visit from police officers of the Hasalaka Police Station on the day prior to this case (October 17) demanding that he drop the complaints made against Police Officer Kithsiri.  They also warned Mr K.G. Dharmasiri not to attend the case hearing in court, which he ignored.  

Again, on the morning of October 18, when Mr K.G. Dharmasiri arrived at the Mahiyangana Magistrate Court, the Hasalaka police demanded that he plead guilty to his charge and withdraw his complaints, threatening him with physical violence if he did not do so.  Additionally, the police also threatened to plant illicit liquor on the victim, and have him charged again, if his complaints against Police Officer Kithsiri are not withdrawn.  They also told the victim that they would look after him if he pleaded guilty in front of the court. 

Once in court, the victim pleaded not-guilty to his charge.  As a result, the victim has been released on bail and the case has been postponed until December 13. 

Due to his not-guilty plea and because he has not withdrawn his complaints against Police Officer Kithsiri, the victim has been receiving extreme forms of harassment by local police.  As a result of this harassment, the victim is living in fear and is afraid to return home. Deputy Inspector General Jayakumar Thangavelu has been contacted by a local human rights organisation, requesting that he tell the police not to harass the victim.   
 
Meanwhile, no investigation has been carried out in response to the victim’s complaints against Police Officer Kithsiri.   

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