SRI LANKA: Police assault on a man for refusing to pay bribe

Dear friends,

The Asian Human Rights Commission (AHRC) has received information regarding the assault on a man by several policemen of the Rakwana police allegedly for refusing to pay a bribe solicited from him on 9 October 2007. Accordingly, when he was travelling on his motor bicycle with a friend, the policemen stopped him and accusing him of traffic violations, asked him for a bribe in return for letting him go. When he refused, he was brutally assaulted with fists and boots – the beating continuing at the Rakwana police station. He was locked up overnight without food or drink. As a result, the victim was hospitalised for 3 days. He later complained about the police assault to the Magistrate and the Judicial Medical Officer.

CASE DETAILS: (based on the victim’s testimony)

Mr. M.A. Prasantha Ruwan Kumara (35), being a Lance Corporal (S/404896) in the Sri Lankan Army took seven days leave on 3 October 2007 and went home. At about 9pm on 9 October 2007 he visited his friend Nandana’s home, consumed a few beers and together with Nandana took his motor bicycle to a garage nearby to attend to a minor bike repair. The victim admits he was neither wearing a helmet nor carrying his motorbike licence with him – in contravention of traffic law – mainly because he only intended to travel the little distance to and from the garage.

On route Kumara and his friend were stopped by 5 policemen including Police Constables (PCs) Amarasiri, Benet and another wearing ‘No 42706’ at Atakalampanna Madampe. The police demanded to know why they were without their helmets. Mr. Kumara tried to explain that as he was only going to a garage nearby he was not carrying his licence nor wearing a helmet. He says, the policemen then shouted at him in obscene and rude language. He requested them not to insult him as he too was an officer of the state – like the police.

One policeman walked up to him and whispered in his ear that if he was willing to pay a small bribe to the policemen, he would be allowed to proceed without any trouble. But Kumara staunchly refused to do any such thing and told them to let him know of their decision. Consequently, another man in civvies came forward and repeated the request. But the victim still refused.

According to Kumara, no sooner had he refused to pay the bribe, policemen Benet, Jayalath and ‘No. 42706’ pulled him from his bike, threw him on the road and mercilessly assaulted, kicked and trampled him. The victim, Kumara, requested them to stop assaulting him and repeatedly reminded them that he was an army soldier. But the policemen only retorted that the victim’s official duties are limited to his area of duty and that this area was under police jurisdiction, thus the victim was ‘under’ the police. The victim also says the policemen acted as if intoxicated and he had got a strong stench of alcohol. Several people of the area also witnessed the assault while his friend too watched helplessly until the police chased him away.

Subsequently, the policemen confiscated the key of his motorbike and forced the victim into a whitish coloured lorry. They pushed him onto the floor and sat on his body – one policeman even trampling his neck with his boots. The victim was taken a short distance in the lorry, then transferred to a police jeep and taken to the Rakwana police station where about 11pm he was locked up in a cell. A little while later the police took him to the Rakwana District hospital to ascertain whether he was intoxicated. He was returned to the station and locked up. On the return journey, the victim says, PC Benet repeatedly and savagely assaulted him all over his body.

Again around 12:30pm the victim heard the voices of the policemen who had brought him in demanding: “‘where is that fellow, take him out”. Immediately the cell door was opened and the other inmates of the cell were taken to another place. The policemen walked in and cruelly twisting his arm proceeded assault him. He remembers PC Benet bending him forward and striking his spine and neck with his elbow. PC Amarasiri kicked him on his back. The others too had attacked him with their fists and boots repeatedly, after which he was locked up again. The police did not afford him any food or drink, whilst in detention. Towards morning when he requested the police to bring him some tea with his own money, they still refused. Neither did they allow him to inform his family about his whereabouts.

At about 8am on 10 October 2007, the victim was taken outside the cell and allowed to sit on a bench. The Office in charge (OIC) of the police station came in a little later and informed the victims’ family that he was in police custody. PC Benet then recorded the victim’s statement and forced him to sign it without allowing him an opportunity to read it or explaining its contents. About 11am the victim was taken to the Rakwana Magistrate’s Court and charged with driving under the influence of liquor and for not wearing a helmet. The victim informed the Magistrate that he was assaulted by the police. He was released on bail and the next court date was fixed for 12 December 2007. That same day, the victim went back to the Rakwana police station and obtained possession of his motor bicycle and keys.

On October 11, the victim was admitted to ward No 6 at the Ratnapura hospital seeking medical treatment for the injuries sustained from the police assault. He also informed hospital authorities that he was assaulted by the police. On October 13 he was examined by the Judicial Medical Officer (JMO) who he also informed of the police assault. The victim was discharged from hospital on the same day.

The victim has now complained in writing to the relevant authorities including the Chairman, Human Rights Commission of Sri Lanka, Chairman, National Police Commission (NPC), Inspector General of Police (IGP) and Deputy Inspector General (DIG-Legal branch). The victim has urged these authorities to immediately investigate and inquire into the incident and take appropriate disciplinary and legal action against the Rakwana police for the severe assault on his person and also for breaching his fundamental rights guaranteed under the constitution. He has also mentioned that if he had committed any offence the police should have taken due legal action instead of attempting to bribe him and then assaulting him.

SUGGESTED ACTION:
Please write to the relevant authorities listed below and urge them to take immediate legal and disciplinary action against the alleged perpetrators, who allegedly attempted to bribe the victim and when he refused, repeatedly assaulted him causing him physical injuries. Please also urge them to ensure that that he is paid appropriate compensation for injuries caused and also for the violation of his fundamental rights.

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