SRI LANKA: Police allegedly assault a boy and the man who protests the assault

Dear friends,

The Asian Human Rights Commission (AHRC) has received information that on 1 October 2008 the police allegedly assaulted a man. He tried to prevent a boy at a restaurant from being beaten by the police. As a result he was taken into police custody and again severely beaten by the police.

CASE DETAILS: (Based on the statement from the victim)

Mr. Erandaka Bulathsinghela attended a celebration for Children’s Day held at S.D.S. Jayasinghe grounds on 1 October 2008. After the celebration, he boarded a bus getting off at Weligampitiya junction where he transferred to another bus to his home in Ganemulla. At the junction, he stopped by a restaurant to buy some food at 2am on October 2.

While he was waiting, he noticed three men in a white car stop near the restaurant. One man got out and asked a boy who was in the restaurant to come out to him. When the boy approached, the man started hitting him without uttering a word.

As the boy was being beaten, Erandaka went to him and told him not to hit the boy. Then, the man asked, “What authority do you have to tell me not to hit the boy? Do you know who I am?” Erandaka replied, “I don’t care who you are but please don’t assault the boy”. Then, the man   identified himself as Inspector of Police (IP) Nalin from Kandana Police Station. He asked who Erandaka was. Erandaka said that he was a photo journalist. Then IP Nalin said, “Ohh!, people like you are wanted.” He then released the boy and started assaulting Erandaka. The IP Nalin ordered two other plain clothes policemen to take him to the police station by taxi. Erandaka was brought to the police station and held in a cell.

After some time, IP Nalin came to the police station. He asked an officer for the key to the cell where Erandaka was being detained. When the officer refused to give up the key, the IP scolded him and got the key anyway. The IP opened the cell and started beating Erandaka again. He punched him in the stomach. Erandaka fell to his knees, with the IP striking him about the face for about 30 minutes. Due to this assault, his mouth, eyes and ears sustained multiple injuries and started bleeding. Erandaka was ordered to remove his shirt and mop up his own blood, which he did.

The IP only stopped the physical violence against Erandaka when two other officers, inside the car with him, came and restrained him. Then, he wrote something in a book in the police station.  Erandaka was unaware of what he wrote. Erandaka’s mobile phone, watch and sun glasses were confiscated by two other police officers.

Erandaka suffered severe pain. His lips were cracked and one of his eyes was swollen. Due to the unbearable pain, he begged a police officer near his cell to take him to a hospital. But the officer refused saying, “this is an order from higher officers. I can do nothing”.

At 4:30am, a police officer, a friend of Erandaka, working in the same police station came and took him out of the cell. At the same time, the two plain clothes officers changed into uniform and took Erandaka to Ragama Hospital. The police officer, Erandaka’s friend, accompanied them. Erandaka was admitted to the hospital at 5:30am and surgery was performed on his cracked lips. A doctor examined Erandaka post-op and wanted to discharge him. However, a second doctor who further examined him decided to admit him to the 11th ward of the hospital. (Please see his photos 1 and 2) At the hospital, he was able to inform his wife of his situation. He was discharged on October 3 and allowed to go home.

After being discharged, he went to a private medical centre where a doctor diagnosed bulging below his ear and a cracked jaw.

On being informed, Erandaka’s relatives, on October 2, questioned the reason for his arrest and assault to the Officer-in-Charge (OIC) of the Kandana Police Station. The OIC replied that there was no complaint filed against him at the police station, but failed to mention his illegal arrest and assault. Erandaka’s relatives lodged a complaint at the Police Headquarters in Colombo on October 3. Erandaka was informed on October 24 that Headquarters was investigating the complaint. Erandaka continues to suffer pain as a result of the assault.

Erandaka claims that even though he has received an official letter, he has not been informed of any progress made in the investigation.

SUGGESTED ACTION:

Please write letters to the authorities listed below and urge them to ensure a thorough investigation of this case.

Please be informed that the AHRC has also written a separate letter to the UN Special Rapporteur and Human Rights Defenders calling for intervention in this matter.

To support this case, please click here: SEND APPEAL LETTER