The Asian Human Rights Commission (AHRC) is reproducing below the translation of a statement made by a tuberculosis patient to Sri Lanka’s Special Investigation Unit. The statement reveals how a police officer from the Welipenna Police, knowing that the tuberculosis patient was an escaped prisoner, implicated him groundlessly on other charges. As the man had earlier been convicted in other cases, the police officer knew that he was in no position to fight back against any new charges.
The officer followed the usual practice when dealing with unsolved crimes in Sri Lanka: go and find someone in the locality that has had previous convictions, and force them to accept the charges. If necessary, use torture. Use the extracted statement to implicate others. Get a guilty plea in court. Be awarded and stake a claim for promotion.
In this particular case, not only was the convicted prisoner brutally tortured and ruthlessly exploited, but the officer concerned also knew that he was suffering from tuberculosis. While torture is itself a heinous crime, torturing a person who is suffering from a life-threatening disease is doubly atrocious. How can such less than animal behaviour be called ‘policing? How much willingness is there in the police hierarchy to tolerate this kind of barbaric behaviour? These are questions that cry out for answers. However, the AHRC is sceptical that any useful answer will emerge either from the police hierarchy or from the prosecuting officers that function under the Attorney General’s department in Sri Lanka. In fact, although the statement was made some months ago it is only now that the AHRC is releasing it as in the interim no inquiries have been made into the allegation of torture, nor has anything else been done about it.
The Supreme Court of Sri Lanka has held on several occasions that the Constitution prohibits torture of even the worst types of criminals. However, the police hierarchy and the Attorney General’s department do not seem to take this view seriously, and nor are they willing to defend this legal provision. A convicted person in Sri Lanka readily falls prey to manipulation and cruelty. For unscrupulous police, convicted criminals are just raw materials to be used for obtaining rewards and promotions. As a result, the criminal justice system in Sri Lanka has become a place of extreme depravity and inhumanity.
It has also emerged from this case that prisoners who acquire tuberculosis while in jail receive no special treatment. In fact, they receive no treatment other than that offered to regular patients in prison hospitals. Not surprisingly, other patients who fear that they may contract the disease shun the tuberculosis sufferers. A prisoner with tuberculosis is all but condemned to death, and all others in the overcrowded and unsanitary conditions just wish the person would hurry up and die. This maltreatment of sick persons in Sri Lankan jails deserves serious consideration by the concerned authorities. If prisons are like hell then this condition can only be said to be as a result of social attitudes among state officers and agencies.
The Asian Human Rights Commission urges the Sri Lankan authorities to investigate fully the alleged torture of this tuberculosis patient, in order that criminal and other action against is taken against the police officer concerned. The alleged perpetrator should be condemned as unworthy of holding any public office. Medical facilities should be provided for the tuberculosis patient. The specific acts that need to be investigated are as follows: torture and inhumane treatment, fabrication of charges, forcing a tuberculosis patient to contaminate another by spitting into the mouth and licking the lips of that person and manipulation to obtain false evidence.
The full translation of the statement follows.
Statement of Thummiya Hakura Sarath (alias: Banja Kapilawatte)
Note: This statement made by Thummiya Hakura Sarath, alias Banja Kapilawatte was recorded by PC27202 Jayalath on 9 June 2004 at the Prison Hospital, Wellikada. It was recorded on order of a magistrate, under the protection of the Chief Gaoler.
Thummiya Hakura Sarath, alias Banja Kapilawatte, aged 36, employed as a cinnamon crusher, of Kapilawatte, Kuragasmanhandiya states as follows:
The reason for recording my statement has been explained to me by Sub Inspector Piyadasa who is the officer recording the statement. Accordingly, I am making this statement voluntarily.
I was born in 1968 and I studied at Meegaspitiya Junior School up to grade 3. After that I did not go to school but was employed crushing cinnamon. Although I was intending to marry a person she married someone else and therefore I was living with a sister of mine, Ganawathie, at her house. She is married. She has three children. When I was living there I was taken to the police regarding a few offences and the police arrested me and filed cases. I was found guilty in six cases. As one of these cases was a murder, I was sentenced to death. In the other cases there were orders to keep me in prison. [Finally,] the punishment I received [for the murder] was life imprisonment. In the other cases I was given 67 and a half years imprisonment.
While undergoing this punishment I developed tuberculosis. I was given treatment in the custody of the hospital authorities at Wellisara Prison. While taking such treatment on the 20 July 2003 I fled from the hospital and lived at home.
At about 7pm on 3 February 2004 I was walking on the road near my house to get some medicine when Sub Inspector Silva of the Welipenna Police and a number of other officers came in a jeep and said that they were arresting me as I had fled from the prison. That day Sub Inspector Silva and another police officer beat me with their hands and feet. After I was brought to the police station where I was also assaulted.
I was kept at the Welipenna Police Station until 10 February 2004, and was assaulted from time to time. These assaults were by Sub Inspector Silva. As I can remember, on the third, sixth and ninth days of my arrest Sub Inspector Silva beat me with a post. He hit me on the soles of my feet and buttocks. On 9 February 2004 I was taken to hospital for treatment and when I was brought back I was assaulted again.
Two sisters-in-law, Manalani and Indrani, came to see me twice while I was in the police cell, but they were not allowed to come near me or talk to me. As far as I remember, my nephew, Asanka, came to see me on the fifth day of my arrest with some food and drink that he sent to me through another police officer. He was not allowed to talk to me.
I remember that while at the police station on 7 and 8 February 2004 I was taken to the court. I learned that Palitha had been taken into custody because he had given me food after I fled from the hospital. I did not know why other people had been arrested. While I was produced in court I was linked to a robbery and a false case had been cooked up to the effect that I had a bomb and a pistol in my hand. I also learned that a case had been filed also against Palitha for possessing a bomb. In fact, the two of us did not have either a bomb or pistol with us. I was produced at Mathugama Court on the 10 February 2004. Up to now I am in the remand prison. I am taking treatment for tuberculosis from the remand hospital.
Question: At any time while you were in police custody were you asked by Sub Inspector Silva or any other officer, to lick the lips of Palitha or to spit into his mouth and did you do it?
As Sub Inspector Silva told me to lick the lips of Palitha and to spit into his mouth for the purpose of infecting Palitha, his wife and children with tuberculosis, he forced me to do it, and I did that. I know that while at remand prison Palitha was taken to Nagada Hospital to be examined for tuberculosis. I was not told to lick the lips or to spit into the mouth of other accused.
This is all I have to say. This has been read and explained to me. Having admitted that this is true, I sign.
(The above mentioned statement of T M Sarath was recorded by me, Sub Inspector Piyadasa, through PC27202 Jayalath, honestly and correctly)
