SRI LANKA: A man brutally tortured by Kalutara North police

Dear friends,

The Asian Human Rights Commission (AHRC) has received information that a man named Mr. Kavirathna Priyantha Kumara de Silva (37) was severely tortured by the Sub Inspector (S.I.) Weerasiri, Police Constable 15050 Amitha, and another policeman attached to the Kalutara North Police Station after being illegally arrested on 19 December 2004. Due to brutal torture, the victim still suffers from severe pain and cannot walk freely. 

Your urgent action is required to request the authorities to take corrective actions. Please urge the local authorities to investigate this case, and arrest and prosecute the S.I. Weerasiri, Police Constable Amitha and other police officer of the Kalutara North Police 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. Kavirathna Priyantha Kumara de Silva (37), a businessman, married with three children 
Address of the victim: Bandaragama Road, Kudawaskaduwa, Waskaduwa
Alleged perpetrators: 1) Sub Inspector Weerasiri, 2) Police Constable 15050, Amitha, 3) Another officer of the Kalutara North Police Station (can be identified by the victim)
Period of illegal detention and torture: 19 December 2004
Place of incident: Kalutara North Police Station
                             
Case details: 
 
At midnight (around 0:30am) of 19 December 2004, a group of people arrived in the house of Mr. Kavirathna Priyantha Kumara de Silva and smashed doors and windows while accusing him of robbing a mobile phone. They also threatened him that they would cut him into pieces. Terrified, his sister and brother-in-law went to the Kalutara North Police station at about 1:00am and made a complaint about the incident. 

However, 30 minutes later four police officers came to Mr. K.P. Kumara de Silva’s house in a police jeep and illegally arrested him without an arrest warrant, instead of arresting those people who attacked his house. Mr. K.P. Kumara de Silva was then taken to the crimes branch of the Kalutara North Police Station. At the police station, Police Constable 15050 Amitha and another policeman began to inhumanely torture him. They severely beat him with wooden poles and their fists and kicked him on all over the body including his soles, legs, face and back. They then placed some books on the victim’s head and hit it hard with poles. The torture was continued for more than four hours till about 6:00am. At around 6:30 a.m. Mr. K.P. Kumara de Silva was again assaulted with pole by Sub Inspector (S.I.) Weerasiri of the crimes branch who asked him where the mobile phone was. He was put into the lock-up at 8:00am and kept there until 4:00pm. While he was in police custody, the police did not provide any food. 
 
The Kalutara North police produced Mr. K.P. Kumara de Silva before Kalutara Magistrate Court at 4:30 p.m. on December 19. The magistrate ordered him to pay Rs. 3,500/ – cash bail and Rs. 25,000/ – personal bail. He was then remanded to Kalutara Remand Prison as he could not pay the bail money. At the prison, he informed the prison officers that he had been tortured by the police. He was then sent to the prison hospital where he was treated until 3:00pm of the following day (December 20).  Mr. K.P. Kumara de Silva was produced before Kalutara Magistrate Court again in the afternoon and was released on bail. Immediately after release, he was admitted to ward no. 11 of Nagoda General Hospital where the Judicial Medical Officer (JMO) examined him. He was discharged on the same day. 

In its Medico-Legal report (No. 1590/04 dated 21.12.2004) issued by the JMO, the victim has the following injuries;  

1. A contused area of 15x10cm on the outer of the right hip. In the center of this area, 1x1cm grazed abrasion was found, 
2. Generalized swelling on both soles of the feet, caused by blunt weapons

On December 22, the mother of Mr. K.P. Kumara de Silva lodged a complaint about her son’s case to Senior Superintendent of Police- Kalutara. On the same day, the victim lodged written complaints to the Human Rights Commission of Sri Lanka, the National Police Commission and the Attorney General. The victim is still suffering from severe pain due to torture and cannot walk freely. He is at present, undergoing ayurvedic treatment. 
 
The AHRC strongly urges the Sri Lankan government to immediately inquire into this case and arrest/prosecute the responsible police officers. The Sri Lankan Government must strictly implement the CAT Act, and introduce effective legislative measures for witness protection in order to eliminate the torture in Sri Lanka. 

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