SRI LANKA: A man who tried to help his wounded friend brutally tortured by the Ja-Ela police 

Dear friends,

The Asian Human Rights Commission has received information that a man, Kudatanthrige Vasantha, was severely beaten with batons by policemen attached to the Ja-Ela police station on 3 December 2005. The police attacked Vasantha when he tried to help his wounded friend, Sumedha who was assaulted by the Private Security officers at a carnival by taking him to the hospital. Vasantha suffered not only severe injuries on his legs but his teeth and lips were also damaged.

According to the information, Vasantha went to a carnival together with his friends – Suresh and Sajith – when they saw Sumedha wounded and bleeding from his nose. Vasantha tried taking Sumedha to hospital for treatment. However, Police Constable (PC) Chandrananda from the Ja-Ela police who arrived arrived at the spot, started beating on his legs with baton. Another policeman, Sub Inspector (SI) Nimal repeatedly kicked Vasantha for asking them the reason of his arrest. The victim fell to the ground and was later taken to the police station where he was held.

It is also reported that when the victim’s wife – Ms. R. B. D. Sriyalatha Rupasinghe was informed of the assault, she requested the Ja-Ela police to admit her husband to a hospital. However, she was ignored. Ms. Rupasinghe and her brother-in-law then took Vasantha to the hospital for treatment and he was admitted at the Ragama Colombo North Teaching Hospital for eight days.

On December 13, the Officer-in-Charge (OIC) of the Ja-Ela police approached the victim to withdraw his complaint. The victim had earlier given statements to the Ja-Ela and Ragama police stations regarding the incident. While there are persistent efforts by alleged perpetrators for the victim to withdraw his complaint, he has not been placed under any secure protection. As a result of the abuse he suffered, the victim is unable to either manage his business or engage in any other work. Despite this, no compensation or assistance have been afforded to him.

We urge you to intervene and ensure that an independent and impartial investigation is conducted on this case. Please also urge the concerned government agencies to ensure that the victim is reimbursed for his treatment, and adequate compensation and appropriate protection is given. If allegations are found to be true, the alleged perpetrators must be indicted for violation of Convention against Torture Act (CAT) No. 22 of 1994 of Sri Lanka.

Urgent Appeals programme
Asian Human Rights Commission
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DETAILED INFORMATION:

Name of the victim: Kudatanthrige Vasantha (31), living in No. 23 Abhinavarama Road, Ekala. He is a Buddhist and father of two children. Vasantha and his wife – Ms. R. B. D. Sriyalatha Rupasinghe – owned a small transport agency
Alleged perpetrators: Police Constable (PC) Chandrananda and Sub Inspector (SI) Nimal, both are attached to the Ja-Ela police station
Date and place of the incident: 3 December 2005 at a carnival ground in Ja-Ela

Case details:

On 3 December 2005, at around 10pm Kudatanthrige Vasantha went to a carnival together with two friends – Suresh and Sajith. While they were about to leave the grounds, they noticed a commotion some 20 meters away. Approaching to the place they saw a wounded person, identified as Sumedha, on the ground surrounded by the carnival’s private security personnel. He was believed to have been assaulted by the private security personnel manning the carnival grounds. Sumedha was bleeding from his nose. Vasantha knew Sumedha – who is a worker at Loadstar Industries in Ekala.

By then, Vasantha then tried to take Sumedha to the hospital but he was verbally abused by some of the security personnel. At the carnival’s entrance area, four policemen arrived on the scene and surrounded Vasantha. One of the policemen, identified as P.C. Chandrananda, started assaulting Vasantha by hitting him with a baton all over his body. Vasantha fell to the ground following the severe beatings.

The policemen took Vasantha to their service vehicle. The victim was forced to climb the steps of the vehicle despite having difficulty in doing so. One of the policemen inside the vehicle, Sub Inspector (S.I.) Nimal, ordered his men to take Vasantha to their police station. When Vasantha asked the police as to why he was arrested and what his offenses was, PC Chandrananda started assaulting him further. He is alleged to have told the victim: “your voice is too much” and repeatedly beat him on his buttock and on his back. As Vasantha, screamed in pain, he was assaulted by SI Nimal to keep quite. SI Nimal then started kicking Vasantha – which caused his lips to bleed and damaged his teeth.

One of the persons who gathered at the crowd – identified as Roshan immediately went to Vasantha’s place and informed his wife, Ms. R. B. D. Sriyalatha Rupasinghe of the incident. On the early hours of the morning of December 4, Ms. Rupasinghe rushed to the police station, where she saw her husband on the floor in immense pain. She pleaded to the police to take her husband to the hospital but she was ignored. Ms. Rupasinghe started yelling at the policemen responsible for the torture while Vasantha pointed out the policemen who had allegedly assaulted him.

Later Vasantha’s elder brother arrived and took the victim to the Ja-Ela Hospital. The hospital refused to admit Vasantha because of the seriousness of his injury. They were instead told to proceed to another hospital and they approached the Ragama Colombo North Teaching Hospital where Vasantha was admitted for treatment. Subsequently, Ms. Rupasinghe and her brother-in-law went to the Peliyagoda police station to report the incident, but they failed to do so because the police official was not there. They were told to come back during office hours. On returning to the Ja-Ela police station, they met PC Chandrananda, who denied any abuse but accepted that the arrest had been a mistake.

On December 6, policemen from the Ja-Ela took Vasantha’s statement while he was still at the hospital. The next day, other policemen from the Ragama police station approached the victim at the hospital and took his statement. Vasantha had to undergo an orthopedic operation for his fractured leg and was discharged from hospital on December 12. However, unfortunately, he is still unable to either manage his business or engage in any activities due to his injuries.

On December 13, the OIC of the Ja-Ela police visited Vasantha at his residence and asked him to withdraw the complaint but he declined. He was also asked not to pursue any action against the policemen involved in the incident. It is learned that the ASP of the region has taken serious note of the situation.

Meanwhile, there is no news yet on Sumedha – Vasantha’s friend whom the latter was trying to help when assaulted by the private security personnel at the carnival. Sumedha  is yet to be contacted following the incident.

SUGGESTED ACTION:

Please send letters to the addresses listed below and raised your serious concerned regarding Kudatanthrige Vasantha’s case. Vasantha’s alleged perpetrators must be indicted for violation of Convention against Torture Act (CAT) No. 22 of 1994 of Sri Lanka without delay, if allegations are found to be true. The victim must likewise be afforded appropriate assistance and compensation.

 

 

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