SRI LANKA: Custodial death of 53-year-old man following severe and repeated torture 

Dear friends,

The Asian Human Rights Commission (AHRC) has received information from a reliable source regarding the death of a 53-year-old man after allegedly being severely and repeatedly tortured while under police custody following his arrest on 29 May 2005. The police allegedly arrested the victim on the charge of theft.

It was reported that during the arrest, policemen from the Weliweriya and Pitigala Police Station subjected the victim to severe beatings. An attempt to conceal the circumstances behind the victim’s death was also reported when police did not properly inform his relatives that the victim had died. The relatives come to know of the victim’s death only a day after he had died.

On June 1 a post-mortem was performed on the body; the results of which are yet to be released. The body was then transferred to Colombo North Hospital in Ragama to undergo forensic examination. The Magistrate is set to conduct an inquiry on this case on June 6.

We urge your intervention in this matter calling for relevant authorities in Sri Lanka to ensure that the case is properly investigated. Please also ask the Inspector General of the Police (IGP) to initiate immediate sanctions against the alleged perpetrators once the investigations are commenced and whilst in progress. Charges of murder and torture should also be filed against the alleged perpetrators without delay.

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

Name of the victim: Lelwala Gamage Nandiraja (53), of Ambana, Kahaduwa in Elpitiya in Southern Province in the District of Galle
Date and place of arrest: 29 May 2005 at 8:30p.m in Ambana, Kahaduwa in Elpitiya
Police who took victim into custody: Weliweriya Police Station, about 30 km from Colombo in the District of Gampaha, Western Province
Alleged perpetrators during the arrest: Unnamed policemen from the Weliweriya Police Station and Pitigala Police Station. Two of them wore police uniforms while the others wore civilian clothes

Account of the incident:

Police personnel from Weliweriya and Pitigala police stations arrested Lelwala Gamage Nandiraja (53) on 29 May 2005, over allegations of theft.

According to Ms. K. K. Weerawathie Gamage, the victim’s sister, two police officers wearing uniforms from Weliweriya police and four others in civilian clothes, carrying guns and clubs, arrived at her house that night. They knocked on the door looking for Nandiraja. When asked, they said they had come to arrest him.

When told that Nandiraja was inside the room sleeping, they immediately entered the room and there they started severely beating him. He was beaten several times all over his body. When Ms Gamage pleaded with the police not to hurt her brother, they ignored her. Likewise, they did not respond when asked where they were taking Nandiraja or what the charges against him were. It was later discovered that the victim was suspected of stealing goods from a furniture shop. Some time later, Nandiraja was dragged naked from the house and taken away by the police towards a Toyota Hiace 65-1999 vehicle.

On May 30 at 8.30a.m, Nandiraja was reportedly rushed to Gampaha District Government Hospital. However, it is believed that the victim might have already been dead at that time.

Ms Gamage said that policemen from Pitigala police station, who went to her house at 6.30pm on that same day to interview her and to obtain a statement, did not even inform her of her brother’s death, despite being aware of it. Ms Gamage said that she only came to know of her brother’s death on the morning of May 31.

Ms Gamage believes her brother died of severe torture. The victim had no serious prior health problems that could have caused his death. Ms Gamage added that her brother had only a scratch mark on his forehead when he was arrested.

A post-mortem examination on the body was performed on June 1. The body was later transferred to the Colombo North Hospital in Ragama for forensic examination. A Magisterial inquiry is scheduled for June 6.

 

 

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