SRI LANKA: Sixty-year-old man arbitrarily arrested, detained, tortured and deprived of medical treatment by the Godakawela police 

Dear friends,

The Asian Human Rights Commission (AHRC) has been informed that a sixty-year-old man was arbitrarily arrested and detained, then tortured by the Godakawela police on 30 October 2005. The man was arrested from his home on a false compliant made to the police station by one of his neighbours. He was assaulted with sticks, and punched and kicked, while in a cell of the police station.

According to our sources, the victim was tortured during arrest, on his way to the police station, and once in custody. The victims also reported that he was deprived of medical treatment, and the police also intimidated his relatives. In addition, the victim was forced to give a statement to the police, and only after recording the statement was he bailed from custody on October 31.

Following the incident, the victim received medical treatment for his injuries at the Ratnapura hospital, where he was warded for seven days. The victim made a complaint to the authorities, including the IGP, NPC and HRC seeking justice for the violation he suffered. The government authorities in Sri Lanka have, however, yet to take any punitive action regarding the case.

The AHRC has also learned that the relatives of the victims were threatened by the police not to disclose his torture to anyone, and in case of disclosure they would be arrested and tortured in the same way.

The AHRC is gravely concerned for the security of the victim and strongly urges the Sri Lankan authorities to provide immediate and effective protection to him and his family. All incidents involving the victim should be investigated thoroughly and those responsible for any violations, particularly those pertaining to the torture, must be charged and brought before a court of law.

Urgent Appeals Programme
Asian Human Rights Commission
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DETAILED INFORMATION:

Name of the victim: AGA Samaranayake (60), a farmer by occupation, married with seven children
Name of the accused: Police Constables Marasinghe, Sanath, Sunil Shantha, Dharmasiri and another attached to the Godakawela police station
Date of incident: 30 October 2005

Case Details:

On 30 October 2005, several policemen of the Godakawela police, including police constables Marasinghe, Sanath, Sunil Shantha, Dharmasiri and another arrived at victim’s house. The policemen arrested him and took him in a three-wheeler vehicle. On their way to the police station, the policemen assaulted Samaranyake severely with their fists and banged his head hard against the side of the three-wheeler. At the police station he was put inside a cell and beaten again. The policemen hit the victim with sticks and punched him and kicked him with their boots. As a result, the victim began to bleed from his nose and mouth.

That night, when relatives of the victim went to see him, the police threatened to assault them and chased them away. At around 10.00pm, when the physical condition of Samaranayake deteriorated the police took him to the Godkawela government hospital. There he complained to the doctor about the police beating. The doctor examined him and requested that he be warded at the hospital. However, the police refused this request and took the victim instead back to the police station, where he was locked up in a cell.

On October 31, at around 9.00am, the police recorded a statement by the victim and released him on police bail. To his knowledge, no charges were laid against him, nor was he informed to attend the court.

On the same day, due to the unbearable pain from his injuries, the victim went to the Ratnapura hospital and was admitted to ward number six. He stayed there for about seven days to receive treatment for his injuries. He informed the doctor who examined him and the JMO about the assault upon him by the police. The hospital police also recorded his statement in this regard.

To date, the police have neither charged the victim nor instituted action against him in a court of law. He wrote to the authorities, including the IGP, NPC and HRC seeking justice for the violation of his fundamental rights guaranteed by the Constitution of Sri Lanka. No action, however, has been taken to date.

SUGGESTED ACTION:

Please write to the relevant authorities listed below voicing your strong condemnation of the alleged conduct of the Godakawela police.

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