SRI LANKA: Assault of a police constable by several other police personnel 

Dear friends,

The Asian Human Rights Commission (AHRC) has received disturbing information regarding the assault of a police constable by several other personnel at a police post in Andiyagala on 3 February 2005. Many people witnessed this assault and the victim received a severely damaged eardrum as proof that he was beaten. Despite this, the police station from where the perpetrators are based, have now filed a criminal case against the victim for obstructing the duty of the police. He has also been dismissed from his work. The Sri Lankan Human Rights Commission and the National Police Commission have been made aware of this case, yet to date no action has been taken.

We ask that you intervene in this matter. Please write to the relevant authorities listed below urging them to take action on behalf of the victim. A proper investigation must be carried out into the conduct of the police and if there is evidence to suggest that they assaulted the victim, then they should be brought before a court of law. The criminal case against the victim should also be withdrawn and his position as a police constable reinstated. Finally, the victim should be indemnified for his suffering and medical expenses and provided with protection while investigations are taking place.

Urgent Appeals Desk
Asian Human Rights Commission (AHRC)
——————————————————–

DETAILED INFORMATION:

Name of the victim:
R.B. Chaminda Kumara Wanninayake, 30, resident of Marasinghe Halmillewa, Kekirawa Road, Andiyagala, Buddhist, and police constable
Alleged perpetrators:
1. Mr. Ranathunga Ratnayake, Police Driver & Constable, Police station Galkiriyagama (35073)
2. Mr. Palitha Madduma Bandara, Police Constable, Police Station, Galkiriyagama (35073)
3. Mr. Ajith, sub ­ police Constable, police Station, Galkiriyagama (12505).
4. Mr. Susantha, Sub ­ Police Constable, Police Station, Galkiriyagama (40695).
5. Mr. Keerthi Jayantha Sub ­ Police, Inspector & Officer ­ In ­ Charge, Police Station, Galkiriyagama.
6. VI. Mr. Mahinda Baddewela, Deputy Inspector & General of Police, Northern Province.
Date of incident: 3 February 2005
Case status: A criminal case has been lodged against the victim by the perpetrators and despite being aware of this, the Sri Lankan Human Rights Commission and the National Police Commission have taken no action to date.

The victim was working as a Police Constable at the Thelippalai Police Station in Jaffna. He had taken leave on the day of 3 February 2005 and went to Andiyagala Central College to watch a sports meet with one of his friends. As they passed the Andiyagla Junction on a motorbike, a police constable, who was at the post, motioned them to come over. The victim and his friend, however, did not realise that the constable was speaking to them.

When the victim was returning home at the end of the day, he met with another of his friends at the Andiyagala Junction. There they stood for some time talking. As they were standing there however, a police constable at the post started to verbally abuse them. The victim and his friend did not acknowledge these comments, so the police constable abused them again. At that point the victim approached police constable Ratnayake. The constable then grabbed the victim by his shirt and began screaming at him. He then pushed the victim closer towards the police post assaulting him along the way.

The victim began yelling in pain, asking the police constable to let him go and to stop assaulting him. At this point, another constable, Madduma Bandara, appeared from the police post and went to assist Ratnayake to bring the victim in. Constable Madduma Bandara was attired in civil.

The two police constables then pushed the victim into the police post, where two further police officers were waiting. All four police officers proceeded to beat the victim. Due to his screaming, a crowd of some 50 to 60 people had gathered and witnessed the assault. After some time, the victim appeared from the post and his friend immediately rushed him to hospital.  Upon arrival, the victim was admitted and treated for two days at the Andiyagala Rural Hospital. He was then referred to the ENT surgeon of Kurunegala Teaching Hospital. According to that surgeon, the victim’s left eardrum had been severely injured and required treatment straight away.

In the meantime, the Galkiriyagama Police filed a criminal case against the victim for the charge of obstructing the duty of the police. According to the report sent by the Officer-in-Charge of the Galkiriyagama Police, the DIG of Northern Province Mr Mahinda Baddewela suspended the services of the victim immediately.

A petition has since been sent to the Sri Lankan Human Rights Commission. Affidavits by the victim and his two friends were also sent to the Commission, as well as the National Police Commission. Within the affidavits, the victim and his friends stressed that the victim’s fundamental rights guaranteed under Articles 11,12 (1), 13 (1), 13 (4), 14 (1), of the present Constitution had been violated by the perpetrators. To date, no action has been taken.

SUGGESTED ACTION:
Please send a letter to the relevant authorities mentioned below and urge them to intervene in this case.