D.G. Premathilaka was initially arrested without any charges and tortured on 8-9 January 2004 by officers attached to the Katugastota police station. Premathilaka subsequently made complaints and inquiries were initiated. The officers from the same police station then threatened Premathilaka and asked him to withdraw his torture complaints on 16 November 2004. He refused, and made further complaints to Sri Lankan authorities including the National Human Rights Commission.
In response, on 23 January 2005 he was once again seriously tortured by 12 police officers including the Officer in Charge of the Katugastota police station. The officers forcibly entered his house and took him to the police station stating there was a warrant issued against him by the Kandy Magistrate. On January 25 the victim had to appear before the Kandy Magistrate and new charges were filed against him for selling illicit liquor. He was not granted bail and was remanded till February 8. The charges served to keep him in prison and prevent him from pursuing further complaints against the police officers as well as getting proper medical treatment.
Retaliations against those who make complaints about the police are increasing and there is little in the way of witness protection by either the Attorney General’s Department or the Police Department:
Gerald Parera was killed just a few days before he was to give evidence in a police torture case. The culprits have now been arrested–three police officers who are the accused in the torture case.
Another torture victim, Channa Prasanna, in whose case an inquiry was being conducted, was kidnapped and narrowly escaped a murder attempt. While two cases regarding these incidents were ongoing in the Magistrate Court of Negombo, a further attempt was made on his life at midnight as he was sleeping, but Channa awakened and was able to run away. Complaints have been made regarding this as well.
In the case of Lalith Rajapakse, there were numerous threats on his life and he is at present in hiding, while there is a police guard to protect his family and neighbor ULF Joseph, who was also threatened with death for helping the torture victim.
Amarasinghe Morris Elmo De Silva, who was allegedly tortured by some officers of the Ja Ella police station, had to flee the country due to threats to him and his wife because of a case filed against the perpetrators at the Negombo High Court.
Despite the numerous appeals and complaints in the above cases, government agencies have failed to provide adequate witness protection ensuring the security and well being of the victims. They have also failed to interdict the officers against whom inquiries are pending. The brutal and criminal behavior of such officers is thus allowed to take place with impunity, while the personal security of citizens is callously abandoned.
The Asian Human Rights Commission urges that in order to address this situation, it is essential that while inquiries are pending into the behaviour of officers, and when officers are charged with offenses, they must be transferred or even suspended. It is also necessary for the Inspector General of Police to prepare a list of officers accused of torture, and subject them to psychological tests. If habitual torturers are allowed to remain in their posts as police officers and even promoted to higher positions such as Officer-in-Charge or above, the security of citizens is exposed to serious threats and the morality of the entire police force is in question. Persons with serious psychological problems or habitual criminals– torture is a crime in Sri Lanka–should not be allowed to continue as law enforcement officers.
