SRI LANKA: Torture, worse than absurd

FOR IMMEDIATE RELEASE 
AS-172-2006
July 21, 2006

A Statement by the Asian Human Rights Commission (AHRC) 

SRI LANKA: Torture, worse than absurd 
(This is the second in the series of statements which shows both the worst than absurd situation that results in torture and the worst attitudes in dealing with complaints of torture by the Sri Lankan authorities.  The statements are meant to call for a decisive change in the prevention of torture as well as dealing with both the victims and perpetrators.)

Story two — The case of Hevamarambage Premalal

At the time of publication a young man, Hevamarambage Premalal, the father of three children is lying in a critical condition at Karapitiya Teaching Hospital.  He was severely tortured on July 11, 2006 by some officers of the Wanduramba Police Station.  No investigation has been conducted into this case of torture and no one has been arrested or produced before any magistrate.

This is one of the most brutal cases of torture in recent times.  For the last few years the UN Human Rights Committee, the UN Committee against Torture, the UN Rapporteur against Torture and many international organisations have highlighted the torture taking place in police stations in Sri Lanka.  The US State Department Report for 2004/5 as well as Amnesty International’s Report for 2005 also reported on this same issue.  Several governments have also shown their concern to the Sri Lankan government on cases of torture.  Locally the media attention on the subject has increased and the former commissioners of the Human Rights Commission of Sri Lanka (HRCSL) under the leadership of Dr. Radikha Coomaraswarmy developed the ‘zero tolerance policy on torture’ (it is unfortunate that the present commissioners who were hand picked by the executive president in contravention of the constitutional process of selection by the Constitutional Council have now adopted a tacit policy of taking no action on torture).

The government on many occasions has stated that it intends to eradicate torture.  However, in recent months a number of steps were taken by the Inspector General of Police (IGP) in the opposite direction and these steps have now begun to encourage police officers to engage in torture in a very cruel manner.  These very retrogressive steps are:

1. Not to interdict police officers indicted before High Courts on charges of torture as required by law.  During 2004 and 2005 over 102 police officers were interdicted under the prevailing law after they were indicted before High Courts.  The IGP has allowed some of these officers to return to work despite of the official interdictions.  Thereafter he has also stopped interdicting police officers indicted in new cases filed before the high courts.
2. To make a mockery of the disciplinary process against the police on the issue of torture.  This is done by some police officers who defend the officers charged rather than to conduct proper inquiries.  The inquiries when conducted are done so years after the event.  The victims are allowed to be intimidated and even threatened or bribed.  Thus, all police officers are aware that there is no serious disciplinary process within the policing service.
3. The IGP has also introduced a new system of exonerating police officers even before conducting an inquiry and even while the cases are going on before the high courts.  Quite obviously the IGP does not have the power to do so and this is an instance of blatant abuse of power.  One glaring case in point is the case against the former Officer-in-Charge (OIC) of the Unkumbura Police and two other officers who were found guilty of committing torture, illegal arrest and detention after a special inquiry by the HRCSL and who are also now facing criminal charges at the Kandy High Court (case no. 231/2005 Kandy HC).  This officer is now the OIC Traffic, Kandy and the IGP has pardoned him on ‘compassionate grounds’ even before conducting an inquiry.
4. The IGP is also making public statements saying that without torture criminal investigations cannot be conducted.  He has even made statements on the radio stating that the extrajudicial killing of criminals is justified (please refer to AS-48-2005).
5. The IGP openly opposed the former National Police Commission, which under the leadership of Ranjith Abeysuriya insisted on implementing the law regarding the interdiction of police officers who are the accused in high court trials.

IT IS THESE POLICY CHANGES INITIATED BY THE INSPECTOR GENERAL OF POLICE THAT IS CAUSING THE REVIVAL OF THE MOST BRUTAL FORMS OF TORTURE AS REFLECTED IN THE FOLLOWING CASE.

Victim’s Name: Hevamarambage Premalal (32), Married, 3 young children
Wife: Elabada Hettige Champa, unemployed, suffering from asthma
Date of incident: 2006, July 11
Police station: Wanduramba Police Station
Alleged perpetrator: Sergeant Samaranayake

(Victim’s statement taken by the Asian Human Rights Commission)

“On July 11, 2006 between about 1:30-2:00 a.m., someone called at our house and said that they are from the Wanduramba Police Station and asked me to open the door.  Then I opened the window and looked outside and identified the persons outside the house as being from the police.  There was Police Constable Lasantha, whom I know.  As soon as I opened the door I was asked to put on a shirt.  The children began to shout.  Then they (the officers) told that they want to take a statement from me.

When they were taking me for some distance Sergeant Samaranayake gave a blow to my mouth.  After that he took a wooden pole and assaulted me with that.  Then they took me inside a jeep and took me to the place where police sign patrol log books and then brought me to the police station. Then at the police station I was handcuffed and put into a cell. Inside the cell I was hanged from the handcuffs.  My feet were very close to the ground. The person who hanged me was the one who drove the police jeep in which I was taken to the police station.  Then Sergeant Samaranayake brought a wooden pole began beating my back while I was still suspended.  Then he also assaulted my head.  My head was fractured.  When I was been beaten up the wooden pole broke into pieces.  After that they left and when they returned, they were drunk and smoking cigarettes and holding a iron pole.  Then they began to beat me with the iron pole below my waist mercilessly.  I was also hit with the iron pole on my stomach.  They assaulted me until I passed out.  When I was regaining consciousness my head was inside the toilet bowl inside the cell.  I began shouting.  I asked for water.  PC Lasantha brought and gave me a bottle of water.  When I drank it I vomited.  PC Nimal Ranjith asked me what happened and I told him that Sergeant Samaranayake had beaten me.  By this time it was morning.  Sergeant Samaranayake came with a sarong.  He took me outside the police station with two other persons.  There they bathed me.  After that I was put in the jeep and they were taking me somewhere.  They were talking among themselves not to take the main road but small remote roads.  Then I realized that I was by the mortuary of the Karapitiya Teaching Hospital.  I do not know what happened then as I passed out.

When I got back my consciousness I was in the hospital.  I was still handcuffed and there was a chain attached to the handcuff and the bed.  I realized that I was under remand custody but did not know the charges.”

According to a Judicial Medical Officer (JMO), Premalal has been seriously assaulted with a blunt weapon and is presently Premalal undergoing dialysis.  According specialist opinion of a judicial medical officer, 

1. This person’s upper body and lower body has been beaten.  According to the marks on his body he has been assaulted with two types of blunt weapons.
2. The upper part of his body has been beaten with a blunt weapon and there have been internal injuries, there are not much external injuries visible, however internal muscles have been harmed, there have been injuries to internal organs.
3. The marks due to beatings below waist are very visible.  There are external injuries.  Due to that internal muscles has been broken and there have been internal bleeding.
4. There have been a lot of blows been given the back side of the victim.  One could count some of the injury marks below waist but not some others.
5. Due to beatings there have been internal bleedings and due to that there have been malfunctioning of kidneys.  He is passing urine through a tube.  He will take months to recover and at least has to spend 1 ½ months in the hospital.
6. There are injuries on the wrists indicating that he has been handcuffed and possibly hanged from them.
7. His legs too are swollen due to injuries to muscles.

When he was hospitalized he was unconscious.  This case is very similar to the torture of Gerald Perera who also suffered kidney failure due to blows. This victim’s situation too is critical.