SRI LANKA: Extrajudicial killing at Kalutara North Prison must be independently investigated

Dear Friends,

The Asian Human Rights Commission (AHRC) has gathered detailed information on the cell death of an innocent man at the Kalutara North Prison on 5th April 2015. Mr. Goniyamalimage Suraj Priyantha Aponsu (44), resident of No. 75/11, Uswatte, Moratuwa in Colombo District was a married man and labourer by profession. He was illegally arrested on 4th April and then produced before the Magistrate Court of Kalutara on 5th April.

Family members learned that Suraj was fraudulently charged for the possession of illegal drugs. Several hours after he was brought to the Kalutara Remand Prison, prison officials admitted him to the Kalutara General Hospital. On admission, the doctors pronounced him dead. Prison officials and police officers have said that few hours into his detention at Kalutara Remand Prison, Suraj had been found hanging in his cell. Family members say that Suraj was a healthy, well-built, and peaceful man, and that there was no reason for him to commit suicide.

Family members demand justice for the illegal arrest, detention, and extrajudicial killing of Suraj, however, because the persons responsible are law enforcement officials, they now fear for their lives. The case is symptomatic of the crisis that now faces the Sri Lankan police force; a lack of accountability and professionalism has allowed extrajudicial punishment to become the norm.

CASE NARRATIVE:

According to the information received by the Asian Human Rights Commission (AHRC) Mr. Goniyamalimage Suraj Priyantha Aponsu (44) of No: 75/11, Uswatte, Moratuwa in Colombo District, was, until his recent death, a married man and a labourer by profession.

On 4th April 2015 he left the house for works. That night he did not return home. His family members waited up for him. The next day, 5th April, when he still had not shown up, his relatives began searching for him. They informed police officers attached to the Moratuwa Police Station, who appeared to join the “search”, but did not provide the family any information about Suraj.

Later that evening, the police officers suddenly informed Suraj’s family members that they had learned Suraj was arrested by police officers attached to the Kalutara North Police Station and that Suraj was later produced before the Magistrate of Kalutara. Further, police officers informed them that a case had been filed against Suraj (BR/ 3949/2015). To their surprise, when family members questioned the police officers for the reason of arrest, production before the court, and remand, they learned Suraj had been charged for possessing illegal drugs. The relatives vehemently denied Suraj could have anything to do illegal drug possession.

A little while later police informed the family members of Suraj that after Magistrate Court of Kalutara remanded Suraj, he was brought to the Kalutara Remand Prison and detained there. But after several hours, Suraj was found having hung himself using a piece of fabric. The family members were shocked; they protested against the police and prison officers holding them responsible for taking Suraj’s life.

Later, on 6th April, police officers attached to the Kalutara North Police Station asked Suraj’s family members to be present before the Consultant Judicial Medical Officer (JMO) of the Nagoda General Hospital at Kalutara to identify Suraj’s body and to assist with the post mortem examination. Later they were also asked to appear before the Magistrate of Kalutara for the Death Inquest of Suraj.

Family members have informed the AHRC that their relative was a peaceful citizen, who had never committed a crime. They state that Suraj was illegally arrested and detained, and that Suraj had no reason to commit suicide. Family members have stated that despite the assertions of the police and the prison officials, there is no possibility of an inmate hanging himself inside the Prison, as Kalutara North Prison is highly congested with thousands of prisoners in detention, both those convicted and in remand. There are around a hundred prison officers along with jailers on duty. And, the prison cells are so placed that the officers on duty can see all the detainees and are always aware of prisoner behavior. Furthermore the family members have said that each prison cell has several prison jailers who supervise the cell around the clock. That Suraj could have hung himself without their knowledge is highly unikely. Moreover, they argue that Suraj was a well-built and healthy man who would not have lost his courage to live easily.

Family members state that prison officers attached to the Kalutara North Prison tortured and killed Suraj extrajudicially and the story of suicide is a bald lie to cover up their misdeeds. They demand a prompt, independent, impartial, and efficient investigation into the death of Suraj.

It is the responsibility of prison officers to protect the life of any detainee detained in their prison under the judicial order, and the family members of Suraj know this fact. They now seek justice and wait to see that the responsible prison officers are prosecuted in a court of law with due process and without delay. At the same time, fearing for their lives, the family seeks protection, as those responsible for the alleged crime of torture and extrajudicial murder are Sri Lankan law enforcement officials.

SUGGESTED ACTION:

Please call for a thorough, legitimate, investigation into this case and for those proven responsible to be subject to justice based on the law of the land. Please call for the Human Rights Commission of Sri Lanka to independently investigate the case, particularly the roles of Superintendent of Prison (SP) and the Chief Jailers in the Prison Department of Sri Lanka, who are responsible for supervising and guiding the junior officer in protecting the rights of prisoners.

The AHRC has written to the Special Rapporteur on Extra-judicial, Summary or Arbitrary Executions informing him of this case.

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