SRI LANKA: Police allegedly hung a man upside down and poured the juice of chilies in his eyes and nose in order to extract information

Dear friends,

The Asian Human Rights Commission (AHRC) has received information that a man was severely tortured by Panadura South Police while he was illegally detained in police custody on August 21, 2008. Police hung him upside down and poured the juice of chili peppers into his eyes and nose in order to extract information from him regarding the whereabouts of his brother.

CASE DETAILS: (Based on the testimony of Prasantha Pradeep Kumara Francis)

On 21 August 2008 at about 9am Mr. Prasantha Pradeep Kumara Francis went to the Panadura South Police station to get a certified copy of a complaint he had made on 18 August 2008 with regard to the loss of his National Identity Card.

As Prasantha was leaving the premises after obtaining the certificate, a police officer dressed in civilian clothes asked him if he was also known by the name of Chooty or Patty. Prasantha said he had no other names.  The officer then told him that he wanted to record a statement from him and took him to the Crimes Branch of the Police Station.

Prasantha was made to sit on a chair and the officer in civilian clothing asked him why he had come to the police station. Prasantha said that he had come regarding the certificate, showing him the document in his hand. There were about 4 other officers also dressed in civilian clothes. One of the officers then asked if he was also known as the “buthaya” or ghost? He also asked Prasantha if he had a younger brother and what he looked like. Prasantha then described his younger brother. Another officer then asked Prasantha if he had stolen any bicycles and that if he showed them where they were, they would not harm him. Prasantha denied having stolen any bicycles. He said he worked as an electrician. The officer then said that if he was not the one who had stolen the bicycles, then it must be his brother. He asked him if his brother was at home. Prasantha said that he did not know the whereabouts of his brother. The officers then called a person who reported his bicycle stolen. They presented Prasantha to him and asked if he could identify him as the thief. The person said that the thief looked like Prasantha but was definitively not him.

The officers then took Prasantah to his home. The door was closed and there was no one in the house. After examining the surrounding area, they went back to the police station taking Prasantha with them.

Prasantha was again taken to the Crimes Branch and asked if he knew where his brother was. Prasantha again said that he was not aware of the whereabouts of his brother. Then the officers saying “we know how to extract information from you” took him into a hall adjoining the Crimes branch.

Prasantha recognized this as an officers’ dormitory, since there were bunk beds, mosquito nets, clothes racks and two tables visible.

The officers then stripped him of his shirt, tying his hands in front with a blue cloth. They made him sit on the floor with his knees hunched up against his chest and placed his hand still tied around them Then they passed an iron pole through his hands and under his knees. In this manner, they hung him from the iron pole raising and wedging it between two tables. (This method of torture is referred to as the “Dharma chakra” in police parlance.) Prasantha was thus hung upside down. The officer who had taken him into custody then beat him with a wooden pole. Each time he was hit, the impact swung Prasantha’s body around until it stopped with his head upside down. In this position the officers beat the soles of his feet with a pole. Prasantha was tortured in this manner for about one hour.

Then the torture was stopped.  They pulled his hands to his sides, supporting his spine and making him stand up. Both his hands and legs were numb but the officers made him walk before he was put into the cell. Prasantha was given lunch and dinner that day.

On August 22, the officer who had taken Prasantha into custody was wearing his uniform bearing the number 14241. On this day Prasantha’s mother came but she was not allowed to see him. The whole day Prasantha was kept in a cell and given regular meals.

At noon on August 23, the officer bearing identification number 14241, took him out of the cell. He began assaulting and kicking him about the face and body before taking him to the Crimes Branch.

Again Prasantha was asked where his brother was. He again said he did not know the whereabouts of his brother. Then the officer saying “we will find out”, took him to the same hall where he had been tortured previously. Then, he was tortured, beaten over the body and soles by the same officer. The officer used another means of torture. Prasantha was shown some ‘kochchi'(chilies) and was told that the juice was going to be put into his eyes. Then the officer made a wad wrapping the chilies in a cloth. He then squeezed the chilie juice into Prasantha’s eyes and nose. This was done while Prasnatha still hung upside down from the iron pole and in between the time that he was assaulted with the wooden pole. Prasantha screamed in pain asking for water. This lasted for about one hour until he lost consciousness.

Prasantha was then lowered to the floor and like on the previous day made to stand and walk. Prasantha could not open his eyes. The pain he felt in his body and eyes was so severe, that Prasantha was not aware of what happened after that.

But Prasantha was aware when he was taken to a wash room where a tap was opened and he was made to sit under it and told to bathe. Prasantha says he sat under the tap for about 15 minutes. Prasantha was then returned to the Crimes branch, made to sit on a chair handcuffed to the leg of a table. Prasntha felt faint and he was not aware of what happened after that. He vaguely remembers having eaten.

When Prasantha fully recovered his senses, it was August 24 and he was in the police cell. He was then presented before the Panadura Magistrate at his official bungalow. The Magistrate did not ask any questions and Prasantha was remanded in the Kalutara Prison.

On August 25, Prasantha was arraigned before the Panadura Magistrates Court. A charge had been made against him of stealing a bicycle. An attorney-at-law Abeysinge appeared for Prasantha. He informed the Magistrate that Prasantha had been assaulted by the police and that he needed medical treatment. The Magistrate granted bail. However since there was no one to furnish bail, Prasnatha was again sent back to prison.

On August 27, Prasantha was released on bail, his case number being 80745. The date of the next arraignment is scheduled for December 15.

Prasantha’s mother, while her son was still in prison, sent a fax, dated August 22, to the Chairperson of the Human rights Commission, the National Police Commission, the Inspector general of Police and the Senior Superintendent of Police Panadura.

Prasantha sent a written complaint, dated August 27, setting out the details of his incident to the Inspector General of Police (IGP), the Human Rights Commission of Sri Lanka, the National Police Commission and the Senior Superintendent of Police Panadura

ADDITIONAL COMMENTS:

This is a case where the officers in question have abused their powers as officers of the State. They are committed to the protection of civilians.  But in fact, with the intention of extracting information, they harmed, treated cruelly and severely tortured, in a most inhuman manner, an innocent person. This method of extracting information is common police practice in Sri Lanka.

Prasantha was kept in illegal police custody for 3 days. He was taken into custody on August 21 and only appeared before a Magistrate on August 24. This is in direct violation of the Penal Code of Sri Lanka which stipulates that a person must be produced before a Magistrate within 24 hours of arrest. During this intervening time he was severely tortured.

Prasantha,after being tortured, was taken before a Magistrate where a fabricated charge was laid against him. Fabrication of charges is also an offence under the Penal code.

SUGGESTED ACTION:
Please write to the local authorities listed below and demand urgent intervention in this case so that those responsible are prosecuted and punished according to the law and 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