SRI LANKA: Man dies in police custody under suspicious circumstances 

Dear friends,

The Asian Human Rights Commission (AHRC) has received information regarding the death of a man while in police custody at the Rakwana Police Station, Sri Lanka. Helwala Langachcharige Susantha Kulatung, a father of four, was taken into custody by five officers from the Rakwana Police on 18 April 2005. The officers allegedly began torturing the victim during his arrest and continued to do so after he was taken to their station.

On April 19 the officers warned the victim’s children that they would not see their father alive again. On the same day, they also approached the victim’s mother and enquired into his whereabouts – despite all evidence to suggest that he was still within their custody. The following day, the victim’s brother visited him at the police station. Soon after leaving, the brother was informed that the victim had hung himself in his cell, despite being taller than the height of the cell itself. A post mortem was carried out on the victim, which revealed no injuries to the neck, but found, more than 107 injuries spread over most parts of the victim’s body.

Following the lodging of an official complaint by the victim’s brother and sister, an inquest into the death began at the Magistrate’s Court of Ratnapura on 27 April 2005 (Case No. 251/05). To date however, no action has been taken against the police officers, all of whom continue to work in their pervious capacity.

We therefore urge you to write to the relevant authorities listed below and demand immediate action in this case. A full and impartial investigation should compliment the case taking place in court. If persons are found guilty of the murder of the victim, they must be brought to justice for their crime. Whilst investigations and the court case are taking place, full and adequate protection must be provided to the family, who have already allegedly received threats by the police. As regards those police who are allegedly involved in this case, they must be suspended from their duties until the findings are concluded. Finally, the family of the victim should be indemnified for their loss and the suffering they have endured.

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

Name of the victim: Helwala Langachcharige Susantha Kulatunga, 30, single father of four (wife deceased), resident of RajaMahavihara, Athgalawatte, Atakalampanna, Madampe, Sri Lanka
Alleged perpetrators: Police personnel attached to the Rakwana Police Station
Place of incident: Rakwana Police Station
Date of incident: 20 April 2005

Case Details:

The victim had been wanted by the police and two warrants issued against him. On 18 April 2005, at around noon, about five officers from the Rakwana Police went to where the victim was – at a nearby house – and arrested him. The police severely tortured him when taking him into custody and continued to do so all the way to the police station, as well as once there.

On April 19, two policemen visited the victim’s house and told his elder two daughters, aged 11 and 8, that they would not see their father again, so they had best go and visit him for the last time. On the same day, the police also approached the victim’s mother and enquired into his whereabouts. When the mother replied that the victim was in police custody, the policemen denied arresting him. The mother, however, insisted that they had taken him away.

On April 20, the victim’s brother visited his brother in custody at the Rakwana Police Station and also took him food to eat. Thereafter he left the station and caught a bus to return home. Soon after catching the bus, however, a motorcyclist stopped the bus and informed the brother that the victim had hung himself in the police station. The brother immediately got down from the bus and rushed to the police station. There he saw the victim hanging from a strip of cloth (apparently torn from his sarong), which was attached to the grill of the cell door. He also saw that, as the deceased was almost 6 feet tall and taller than the height of the holding cell, his knees were on the floor and his hands at his back.

Thereafter the body of the victim was taken by the police to the Rakwana Hospital, but the hospital refused to accept it. Then the police took the body to the Ratnapura Hospital where, on April 22, the post mortem was held. According to the victim’s sister, though the deceased was alleged to have committed suicide by hanging himself, the post mortem revealed no injury to his neck. The post mortem did reveal, however, more than 107 injuries spread over most parts of the victim’s body.

On April 21, the victim’s brother and sister made their statements to the Assistant Superintendent of Police at Ratnapura. The inquests into the death began at the Magistrate’s Court of Ratnapura on April 27 (Case No. 251/05). The case was heard before the court again on May 4 and May 11.

During the April 27 hearing, the daughters of the victim told the Magistrate what they were told by the policemen who visited their house on April 19. They also pointed out the policemen in court who had said this. The children also reported that they were threatened by the policemen who said that they would suffer the same fate as their father if they mentioned them again. When the case was called on May 4, this fact was brought to the attention of the Magistrate, who warned the policemen against similar behaviour in the future.

Despite these hearings, to date no action has been taken in this case. The police have not admitted their part in this death, and nor has the court found this. Furthermore, there has been no disciplinary action instituted against those responsible for the victim’s death and to all intents and purposes, they continue to serve in their same posts.

SUGGESTED ACTION:

Please send a letter to the following relevant authorities voicing your concern regarding this case.