SRI LANKA: A man arbitrary arrested and tortured by Kalutara North Police

Dear friends,

The Asian Human Rights Commission (AHRC) has received information that 23-year-old Mr. E.R. Kumara was arbitrarily arrested and tortured by Kalutara North police officers on 14 October 2004.

At the time of arrest, it is reported that a Sub Inspector (SI) failed to show a memo of warrant to Mr Kumara. He then took Mr Kumara to a house where some items had been stolen and asked him whether he stole them or not. When Mr Kumara denied stealing the items, the police began to assault him severely. Afterwards, when Mr. Kumara was taken to the police station, he was again brutally tortured by several police officers. 

Your urgent action is required to put an end to this kind of police torture. Please send a letter and urge relevant authorities to take legal/disciplinary action against those responsible. Proper compensation should be given to Mr Kumara for the injuries he has received and the hardship he has endured. 

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

Name of the victim: Edirisuriyage Ravindra Kumara, 23 years old, a labourer (sand mining industry)
Address of the victim: Diyagama, Galpatha
Alleged perpetrator: A Sub Inspector of Police and several officers attached to Kalutara North Police Station (distinguishable by the victim)
Date of the incident: 14 October 2004
Place of the incident: Kalutara North Police Station

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

At about 1:45pm on 14 October 2004, Mr. Kumara (23) was arbitrarily arrested and tortured by Kalutara North Police.

Two police officers in civil dress attached to Kalutara North Police Station approached Mr. Kumara, who was at Diyagama junction, close to his residence. They then proceeded to arrest him without any stated reason and they did not produce a memo of warrant. After the arrest, they took Mr Kumara to a house where some items had been stolen. When he claimed that he had no knowledge of the stolen items, the Sub Inspector (SI) proceeded to assault Mr. Kumara. When the victim denied this allegation of theft further, the police put him in a police jeep and took him to Kalutara North Police Station. 

After arriving at the station, Mr. Kumara was put in a cell. Some time later, the SI took him to the kitchen of the police station where he assaulted him repeatedly. Mr. Kumara was then ordered by several police officers, who were in the kitchen at that time, to kneel on the ground. The police officers then tied Mr Kumara’s hands behind his back, and proceeded to bite and kick him a number of times. They then untied his hands, and forced him to lie on the floor. At this point the officers began to hit Mr Kumara with an iron bar, beating the soles of his feet, his legs, and his buttocks. During this beating, the officers were yelling at Mr Kumara to confess to the theft of the house items. 

Brutally tortured, Mr. Kumara was returned to his cell again. He was produced to the Kalutara Magistrate on October 15, where he testified when questioned that the police had assaulted him. At the same time, he showed the injuries and swellings on his body caused by the assault. However, Mr Kumara was charged with theft along with three other suspects who had been earlier arrested. After the Magistrate’s findings were delivered, Mr Kumara was taken to Kalutara prison.

Upon arriving at the prison, Mr. Kumara reported once again his assault by the police. In the meantime, his mother complained to the National Human Rights Commission (NHRC) on October 18. Eventually Mr Kumara was taken to Nagoda hospital the following day. A doctor examined him before he was returned to the prison. 

On October 28, Mr. Kumara was produced to the court where an identification parade was held with two other accused. The occupants of the house where the items had been stolen, did not identify Mr Kumara or the other two suspects brought before them. As a result of this, Mr Kumara was discharged. He has however undergone mental and physical trauma caused by the torture. He has complained to NHRC and National Police Commission (NPC), but no investigation has been conducted.

This is yet another case where police arbitrarily arrest innocent persons without any reason or with the necessary warrant memo and then proceed to brutally torture them. Even though the government of Sri Lanka ratified the Convention Against Torture (CAT) and it insists that the police are educated and NHRC has a policy called ‘Zero-Tolerance Policy’ to eradicate torture by the police, what this case shows us is that the police still do not abide by criminal law and torture by the police is still very much in existence.

The AHRC is gravely concerned about the arbitrary arrest and inhuman torture of Mr. Kumara and urges relevant authorities to take legal/disciplinary action against those responsible. Medical treatment and proper compensation should be provided to Mr Kumara for the injuries he has received and the hardship he has endured.

SUGGESTED ACTION:
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