SRI LANKA: Police fabricate charges against two men after assault on his private matter

Dear friends,

The Asian Human Rights Commission (AHRC) has received information regarding the assault of two men by police officers attached to Hikkaduwa Police Station on 2 April 2008. One police officer abused his position over a personal matter and assaulted them. He later laid fabricated charges against them. Although acknowledging this case, the OIC of the station has failed to properly intervene. Both men have been released on bail.

CASE DETAILS: (based on the statement from the victim)

Muthuwahennadi Roshan Koitex, a fisherman, had been cohabiting with a woman for over six years who was later found to be having an affair with another man – Sub Inspector (SI) Sanjeeva Senevirathne attached to Hikkaduwa Police Station. According to the information received, SI Senevirathne started coming to Roshan’s house in search of him for no apparent reason, which made Roshan fear that he was being persecuted.

On 26 March 2008, Roshan decided to go to the Hikkaduwa Police Station with his father to meet Officer in Charge (OIC) and make a complaint regarding the abuse of power by SI Senevirathne. However, when they went to the station, the OIC was not available to meet and another officer took down the complaint and recorded Roshan’s statement. Roshan noticed that when he came to the part about the harassment by SI Senevirathne, the officer ignored his comments it and did not take them down.

On March 27, the woman told Roshan that SI Senevirathne was coming to catch him that night. Due to fear, Roshan left his home and went to his father’s house. At about 11:30pm Roshan crept up close to his house and saw that SI Senevirathne was inside with the woman. Roshan was later informed by the woman that SI Senevirathne had threatened to kill him ‘like a dog’.

On March 28, Roshan went to the Hikkaduwa Police Station again, met SI Senevirathne and asked him why he was looking for him. The SI accused Roshan of frequently quarreling with the woman and being addicted to ‘ganja‘ (cannabis) and ‘heroin’ which Roshan denied. The SI called the woman to come to the station and, in front of the woman, asked Roshan to leave the house so that she could live in it. Roshan refused the SI Senevirathne’s suggestion with saying that the house belonged to him and that he did not want to live with anyone who was having a relationship with other men. Roshan could do nothing but go back to his father’s house, while the woman returned to his house.

A few days later, Roshan came to know that other men had begun to frequent his house and had stolen his poultry. Roshan made a complaint at the police station where he was told by an officer to sort out the ownership of his house with the Divisional Secretary and to lodge a complaint regarding the poultry on the following day. Meanwhile, Roshan heard that the woman had left his house. He went home and changed the locks of the doors and returned to his father’s house.

On April 2, Roshan heard that the woman had broken the locks and entered his house. Based on this news, he went to his house and saw his personal property being loaded onto a tractor. SI Senevirathne and a police constable known as Suranga attached to the same police station were also present. On seeing Roshan, the SI immediately ordered the constable to catch Roshan and assault him. Roshan ran away to his father’s house but, the SI and the constable followed him and assaulted him in front of his father and his neighbours. The constable Suranga held Roshan, which enabled the SI to assault and kick him. Although he was frightened, Roshan’s father asked them the reason for assaulting his son. At that, SI Senevirathne also assaulted Roshan’s father who is 60 years-of-age. After the assault, the two officers took Roshan and his father to the Hikkaduwa Police Station and put them in a cell.

After a while SI Senevirathne took Roshan out of the cell, pushed him into the floor and hit his head several times. Thereafter he made him to lie face down while the SI got on the top of his body and assaulted him with his fists and boots. Meanwhile, constable Suranga assaulted the sole of Roshan’s feet with a chain which looked like a bicycle chain. They assaulted him for about 15 minutes before returning him to the cell.

Thereafter Roshan and his father were taken to the Arachchikanda hospital where the doctor asked Roshan’s father if he was under the influence of liquor. Roshan’s father denied it and said that he did not take liquor or cigarettes since he had a heart problem. He further told the doctor that they were assaulted by police. Then, the doctor asked the SI if both were in the same case. The SI stated that they were two separate cases. However, the doctor did not test or examine Roshan and his father but wrote something and gave it to the SI.

Then, the SI took Roshan and his father to the place where the woman was living and made them stand on the road in front of her house, scolding loudly saying, “Look!, Both father and son are handcuffed”. The SI also slapped Roshan several times. Then, he took them to the police station where he brought a ‘ganja‘  and forcibly took Roshan’s finger print on it.

Roshan was forced to sign a paper in which admitted his being in possession of ‘ganja’ and he was not allowed to read what he signed. On April 3, Roshan was called before the OIC of the Hikkaduwa Police Station to whom Roshan had explained what had happened. The OIC then indicated, “This is a typical case of our fellows. I will try to do something about it.” In the meantime, Roshan’s father was charged for acting under the influence of liquor and produced before the Magistrate Court Galle and bailed. He was informed by the police to be present before the court on April 8.

Roshan later was produced before the Magistrate’s Court in Galle where he was released on bail. After being given bail, Roshan was admitted to Karapitiya hospital to receive medical treatment for the wounds caused by the police assault. The Judicial Medical Officer (JMO) from the hospital examined him and hospital police recorded a statement from him. Roshan was discharged on April 5.

On April 6, Roshan complained of the incident to the Senior Superintendent of Police, Galle and to the OIC Hikkaduwa Police Sation.

On April 8, Roshan’s father attended the court as instructed by the police but found there was no such case on the given date. Roshan’s father also complained of this to the OIC of Hikkaduwa who instructed a police officer to give the correct date without harassing people. Roshan’s father is now suffering from severe body pains due to the police assault.

SUGGESTED ACTION:
Please write to the local authorities listed bellow and demand urgent intervention in this case so that those responsible are prosecuted and punished according to law in accordance with international norms and standards.

Please be informed that the AHRC has also written a separate letter to the UN Special Rapporteur on the Question of Torture calling for an intervention in this case.

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