SRI LANKA: Custodial death of a man who was allegedly tortured by the Ratgama police 

Dear friends,

The Asian Human Rights Commission is deeply concerned by the alleged torture and death of Kosma Sumansiri by the Ratgama police. He was arrested with three of his friends  by the Ratgama police on 20 May 2005, charged with gambling and remanded at the Galle prison on the same day. However, he died on May 27, three days after being transferred to the Teaching Hospital in Karapitiya. According to the witness, the police brutally tortured Kosma until he bled from his ears and became unconscious because he withdrew his finger when his fingerprints were being obtained. Kosma’s family also confirmed that at the time of the arrest the victim was in good health.

The Ratgama police and Galle prison authorities deny any ill treatment against Kosma in their premises, and claim that he was drug dependant and that the injuries sustained by the victim may have been caused as a result of an assault by fellow prisoners, if not by a fall. However, the autopsy report in this case concluded that the fatal injuries occurred in the head and that the musculo-cutaneous injuries found on his body were not compatible with a fall but instead, was caused by blunt force impact.

Please send a letter to the local authorities demanding a speedy and thorough inquiry into the incident. Police personnel responsible for Kosma’s death should be punished if the allegation of torture is to be found true. Also, any attempts to conceal this grave miscarriage of justice must be prevented.

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

Name of the victim: Kosma Sumanasiri, 41 years old, unmarried and a casual labourer by occupation
Address of the victim: 19, Panvila, Mavadavila, Ratgama, Galle division, Southern Range, Sri Lanka
Complainant: K Leelaseeli and Vitharana Varalieshamy (the victim’s elder sister and mother).
Alleged perpetrators: Police personnel attached to the Ratgama Police Station
Date of incident: Arrested on 20 May 2005, allegedly tortured by the Ratgama police while in custody and died on 27 May 2005

At around 12:00pm on 20 May 2005, about five policemen of the Ratgama Police Station walked into Kosma Sumanasiri’s house home allegedly on some tip-off of gambling. Upon seeing Kosma playing a card game with three friends, the police arrested all of them. The three men were the victim’s brother-in-law R.H. Chandanasiri, Nihal Robert, and Jayadeeva. According to the victim’s sister who was nearby, Sergeant Jayaratne assaulted Kosma and Chandanasiri whilst arresting them. All of them were then produced before the Magistrate Galle on the same day. As Kosma was unable to pay the amount of money ordered by the magistrate, he was sent to the Remand Prison in Galle on May 20.

The following day (May 21), upon hearing that the victim and his friends were remanded, Kosma’s sister and mother went to the prison to see him. Though they were able to meet with the others, they were not allowed to meet Kosma. His friends informed them that Kosma was ill. Chandrasiri also told them that Kosma had been brutally assaulted by the police. He said that the police kicked Kosma’s body and slammed his head on to the wall several times and as a result Kosma had bled from his ears and became unconscious. Chandrasiri also said the police tortured Kosma because he had withdrawn his finger when his fingerprints were being obtained.

Once again the victim’s sister, Leelaseeli went to meet Kosma in custody on May 23 but the authorities insisted he was still unwell. When she again visited the remand prison on May 24, the prison officials told her that Kosma had been transferred to the Intensive Care Unit (ICU) of the Teaching Hospital, Karapitiya. Leelaseeli rushed to the hospital to see her brother in the ICU, and asked a doctor there about her brother’s condition. The doctor replied that Kosma was suffering from a brain hemorrhage and that he was close to the next world (meaning that his life was in imminent danger).

According to Leelaseeli, Kosma died on May 27 at the Karapitiya Hospital. On June 2, the victim’s mother, Vitharana Varalieshamy gave evidence at an inquest held at the Ratgama Magistrate’s Court. Leelaseeli says that at the time of his arrest, her brother was in good health and therefore the only reason for his untimely death was the inhuman torture conducted by the police.

However, neither Ratgama police nor the prison authorities in Galle accepted that any ill treatment in their premises occured. The prison authorities claimed that Kosma was drug dependant and that he developed withdrawal symptoms while in the prison. According to them, the injuries sustained by the victim may have been caused as a result of an assault by fellow prisoners if not by a fall.

In the meantime, a retrospective scene visit to the Galle prison was performed on May 30. An autopsy on the victim’s body was also performed on May 29 and a statement on the autopsy findings was provided to the investigating police authorities on June 1. The Judicial Medical Officer (JMO) was also called to give oral testimony on the autopsy findings by the Galle Magistrate on June 15. The autopsy report states that the cause of death was cranio-cerebral injuries and secondary brain injury with cerebral infraction. It said that there were injuries of multiple ages on the external examination and some superficial injuries are more than 7 days old. The report concluded that the fatal injuries were to the head. It also stated that the musculo-cutaneous injuries observed were not compatible with a fall and would have most likely been caused by blunt force.

In light of the above, the AHRC calls for a speedy and thorough inquiry into the alleged torture of the victim by the Ratgama police which resulted in his death. We also urge the West Bengal State Government to punish police personnel responsible for Kosma’s death if the allegation of torture is to be found true. Also, any attempts to conceal this grave miscarriage of justice must be prevented.

SUGGESTED ACTION:
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