SRI LANKA: A complainant was illegally arrested, detained and tortured by officers of the Kiribathgoda Police Station

Dear friends,

The Asian Human Rights Commission (AHRC) has received information that a man was illegally arrested by police officers attached to the Kiribathgoda Police Station in the district of Gampaha after making a complaint to the police regarding a death plot. He was severely tortured and the OIC of the Kiribathgoda Police Station later informed that it had been a case mistaken identity. He was treated at the Emergency Service Unit of National hospital. Presently the complainant is receiving death threats via phone calls. The case is yet another illustration of the exceptional collapse of the rule of law in the country. 

CASE NARRATIVE: 

According to Mallikarachchige Don Indika Shashiranga Senevirathna (25) of No: 286, Temple Road, Dalugangoda, Kalaniya, he is a registered ‘substitute post’ of Sri Lanka Postal Department.

On 27 October 2010, around 12.30 am, he was awoken from sleep when he heard somebody knocking at the door. His mother opened the door and four police officers entered his home and stated that Mr. Darmadasa, a neighbour, had passed away and he was responsible for the death as he had assaulted the man. Indika and his mother both vehemently denied the accusation. The officers further told him that they had received a message from the hospital police post that Darmadasa has died due to an assault with a stone by Indika. Again he denied the charge.

Then one of the officers held his neck tightly and demanded that he accompany the officers. At that point Indika’s mother started to scream and he told her that he would return soon as he was innocent. Then he noted that another officer in civilian clothes, holding a pole was waiting at a jeep parked near his home with a pole. They put him in the jeep and moved away.

Just after half a kilometer they stopped the vehicle. Then the officers ordered Indika to remove his trousers and T-shirt which he did due to fear. Then the officers started to slap him several times. Three officers who were in the rear started to squeeze his penis. Indika told the officers that the Officer-in-Charge of the Kiribathgoda Police Station, Mr. Chaminda Edirisuriya, knew him personally and that he was innocent but the officers replied that the OIC loved them more. Further the officers told that the ‘Ralahami’ (village level state officer or Grama Niladari) treated them nicely and they revealed the name of that officer as Mr. Saman. Indika noticed that all the officers on board were drunk. He was tortured for around 10 to 15 minutes. Then when the jeep came close to the police station the officers asked him to get dressed again.

Then he was brought inside the police station. Indika was asked to stay near the front gate of the station. Then another officer came to him and cut the rope which held up his trousers following which his trousers dropped down. This man also squeezed his penis. Then he started to smoke and blew the smoke in his face. He did for two cigarettes. Then police officer noticed that Indika was wearing a holy thread about his wrist and then officer burned the thread with his cigarette. He also scolded him with obscene language.

Then Indika was locked up in a cell. There was one officer who was drinking arrack (alcohol). He came to Indika and warned him that if he did anything to the people of neighbouring house he would face future consequences. He was threatened that his skin would be cut off. Then the officer insisted that he drink arrack which he refused stating that he is teetotaler and a non smoker.

One hour later Indika’s mother came to the police station and he told her of how he had been tortured. Further he told that he cannot urinate as the police officers had tortured his penis. Then his mother started to cry. Then she told that he would be released by the morning.

The following morning (27 October) Indika’s mother and the sister went to the police station and met several police officers, including the OIC. The OIC told the mother and Indika that the officers on duty the previous night had arrested Indika by mistake. He stated clearly that the officer recording the message did so incorrectly.

Indika was released after the officers recorded the signatures of the mother and the sister at around 1 pm.

Then Indika was taken to the office of Deputy Inspector General (DIG) at Paliyagoda and his complaint was recorded. He was asked to go to the National Hospital as soon as possible. First Indika was admitted to the Emergency Service of the hospital and he was treated there from 27 to 29. Then he was transferred to ward number 63 and discharged only on 12 November. While he was in the ward the suspected Grama Niladari, Mr. Saman, came to the ward and showed Indika to a person who accompanied with him. Then Indika immediately has made a complaint regarding that incident under the complaint number CIBI 56/344 to the DIG’s office.

While Indika was treated in the hospital he was subjected to many examinations including CT scan, ECG and X-rays. Further he was also examined by a psychiatrist. While he was in the hospital an Assistant Superintendent of Police (ASP) and the OIC of the Kiribathgoda Police Station also visited him. The ASP waited to one side while the OIC talked to Indika. The OIC asked whether he had any money and offered him Rs. 500 which Indika refused to accept. The OIC asked him in surprise what he had done to himself and instructed him to meet him after being discharged.

Indika stated that all these things happened due to the undue influence of Mr. K K Darmadasa who is the neighbour and his son Mr. Saman the village officer. Indika had made a complaint to the police that Saman had assigned a criminal to murder Indika and his mother. The police did not investigate that complaint and Indika believes that they leaked the information to Saman.

After he came home from hospital on 14 November Indika has continuously received death threats via his telephone.

He request protection for himself and his family members. He further urged for an investigation of the crimes that happened against him.

Further the video reveals how his rights were violated by the police perpetrators.

ADDITIONAL COMMENTS: 

The Asian Human Rights Commission has reported innumerable cases of arbitrarily arrest and detentions by the Sri Lankan police which are illegal under international and local law which have taken place at different Police Station in the country over the past few years.

Constitution of Sri Lanka has guaranteed the right freedom from torture. According to the Article 11 of the constitution No person shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment. Article 12 (1) of the Constitution of Sri Lanka has guaranteed the right to equality for all persons as stated that ‘all persons are equal before the law and are entitled to the equal protection of the law’. Further Article 13 (1) has stated that ‘No person shall be arrested except according to procedure established by law. Any person arrested shall be informed of the reason for his arrest’.

Furthermore, Sri Lanka has signed and ratified the International Covenant on Civil and Political Rights (ICCPR) and the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (CAT). Nevertheless the lack of protection offered to those who are willing to take cases against abusive police officers and the state authorities, means that the law is under-used continues to be employed as a tool by the police to harass people. This not only takes a long-term toll on the victim and his or her family, but on society as a whole, by undermining of civilian respect for the law and encouraging impunity.

SUGGESTED ACTION: 
Please send a letter to the authorities listed below expressing your concern about this case and requesting an immediate investigation into the allegations of illegal arrest, arbitrary detention, torturing by the police perpetrators, and the prosecution of those proven to be responsible under the criminal law of the country for misusing powers of the state officers and for mis-prosecution. The officers involved must also be subjected to internal investigations for the breach of the department orders as issued by the police department. Further, please also request the NPC and the IGP to have a special investigation into the malpractices of the police officers for abusing the state officers’ powers illegally in favor of private parties.

Please note that the AHRC has also written a separate letter to the Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment on this regard.

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