UPDATE (Sri Lanka): Inquiry into the torture of Bernard Janapriya and charges laid against the perpetrators are insufficient 

Dear friends,

The Asian Human Rights Commission (AHRC) has received updated information regarding the torture of Bernard Janapriyana (See further: UA-63-2005).

In a letter to the AHRC dated 25 May 2005, Inspector General of the Police (IGP) Chandra Fernando informed the AHRC that an inquiry had been conducted by the Deputy Inspector General (DIG), Southern Range and that the DIG Southern Range has been instructed to charge two of the perpetrators for “voluntarily causing simple hurt” under the Criminal Procedure Code, and to transfer them out of the Agaliya Police Post.

The account of the incident, as established by the DIG inquiry contradicts the information the AHRC received from the victim and his supporters as it portrays the torture of the victim “minimum force” used by the police officers to persuade the victim to follow them into their vehicle. Moreover, it is insufficient that the two police officers will only be charged under the Criminal Procedure Court, and not under the Convention Against Torture Act of Sri Lanka (Act No. 22 of 1994). Also, a third police constable who had tortured Bernard is not being charged at all. A fourth police constable, who had failed to stop the torture when arriving at the scene, as well as the Assistant Superintendent (ASP) of Elpitiya, who had compromised the victim’s safety in a subsequent preliminary inquiry, are also not being held responsible.

The AHRC urges you to intervene in this matter and write a letter to the relevant authorities, demanding that the three police officers who had tortured Bernard Janapriya are charged under the CAT Act No. 22 of 1994, and that the fourth police constable and the ASP of Elpitiya are held responsible for their misbehavior.

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

Name of the victim: W.G.G.A. Bernard Janapriya (32), single, a volleyball coach at Mahinda College, Galle.
Perpetrators: Police Sergeant Chaminda (R/PS 15794), Police Constables Nimal (R/PC 2780) and Rathnayake (R/PS 36098), and Tilak, all from the Agaliya police, as well as Vidana Pathirana, Assistant Superintendent (ASP) of Elpitiya
Date of incident: 10 February 2005 at 5:30pm

Development of the Case:

According to a letter from Inspector General of Police (IGP) Chandra Fernando, dated 25 May 2005 to the AHRC, the Deputy Inspector General (DIG) Southern Range has conducted an inquiry into the torture of Bernard Janapriya. It was concluded from the inquiry that a team comprising of Police Sergeant Chaminda (15794), Nimal (2780) and Rathnayake (36098), had gone out on the day of the incident to verify information they had received about illicit distillery of Kasippu at Nambarawatta. While walking to the police vehicle with another person suspected of illegal brewery, Chaminda had questioned Bernard, suspecting him to be engaged in illicit brewery as well. According to the letter, Bernard then disobeyed orders to get into the police vehicle, so that the police officers “had to use minimum force and managed to get him into the jeep” (IGP Fernando). However, they released him from the jeep after the intervention of a local government official (Gramasevaka). The letter further mentioned that the DIG inquiry stated that Bernard had been admitted to the hospital, where he was examined by the Judicial Medical Officer (JMO), who reported that Bernard had suffered “non-grievous injuries caused by a blunt weapon” (IGP Fernando).

According to IGP Chandra Fernando, the DIG Southern Range has been instructed to lay charges against Police Sergeant Chaminda and Police Constable Nimal for “voluntary causing simple hurt” under Section 314 of the Criminal Procedure Code in the Magistrate Court. The DIG Southern Range was also instructed to transfer the accused out of the Agaliya Police Post, and to initiate an inquiry into the “departmental lapses on part of the accused officers”.

However, these actions and the information assembled by the inquiry of the DIG Southern Range are highly insufficient. Contradicting the inquiry, the AHRC has received information that three policemen assaulted Bernard with no reason, and that they tried to frame him by collecting evidence of illicit brewing by placing a bottle of liquor in his hands. IGP Fernando’s letter does not address this framing of evidence, nor does it acknowledge the arbitrariness with which the torture was carried out. Neither does it address the responsibility of Police Constable Tilak, who failed to stop his fellow police men from torturing Bernard after he had arrived at the scene. Moreover, it rejects complaints against the Assistant Superintendent (ASP) of Elpitiya, Vidana Pathirana, who compromised the victim’s safety by requesting him to appear before a police line-up.

The AHRC asks for your immediate intervention by writing a letter to the relevant authorities demanding that the three torturers Chaminda, Nimal and Rathnayake are charged under the Convention Against Torture Act of Sri Lanka (CAT Act No. 22 of 1994), that police constable Tilak be held responsible for his inaction, and that ASP Vidana Pathirana be held accountable for comprising the safety of the victim, a behavior that feeds suspicions that the police are trying to coerce Bernard to withdraw his complaint.

SUGGESTED ACTION:

Please send two separate letters, one to IGP Chandra Fernando, urging him to ensure that all perpetrators are charged under the Convention Against Torture Act and that Police Constable Tilak and ASP Vidana Pathirana explain and are held responsible for their actions. Please send a second letter to all other relevant government and UN authorities, urging them to assert all necessary pressure on IGP Fernando to act accordingly.

To support this case, please click here: SEND APPEAL LETTER