SRI LANKA: Man illegally arrested, detained and tortured by the Beruwala police

Dear friends,

The Asian Human Rights Commission (AHRC) has received information that a man named Samarasinhage Sudath Pushpakumara was illegally arrested by police officers attached to the Beruwala Police Station in the district of Kaluthara, illegally detained and severely tortured on 1 November 2010. Then he was shown to a group of witnesses of the case at the police station and as the witnesses denied that he was involved in the crime the police officers threatened the man and released him. He was warned that he needed to remain silent about his arrest and torture. Instead of investigating crimes in a scientifically accepted manner the police arrest innocents who are tortured and manhandled into confessing. The case is yet another illustration of the exceptional collapse of the rule of law in the country.

CASE NARRATIVE:

According to the Mr. Samarasinhage Sudath Pushpakumara (34) of 148 Babanagodagama, Beruwala is a driver by profession. He was arrested by the SI Udayanga of Police Station Beruwala on 1 November 2010 around 10.30 am.

First SI Udayanga of the Criminal Investigation Division of the Beruwella police came to the vehicle park at Beruwal Towon around 10.30 am of that day and asked Sudath go for a hire to Rathnapura. When SI Udayanga said that he want to hire the vehicle to go Ratnapura Sudath told that the hire would be Rs. 6,500.00. Then the officer replied that he wanted to go for an official purpose so, then Sudath reduced the fare to Rs 5,500.00. On the way, the car stopped near the house of the Officer-in-Charge (OIC) of the Beruwella Police Station. SI Udayanga asked Sudath if he knew the reason for bringing him to the residence of the OIC. Sudath replied that he came for a hire to Rathnapura. Then SI Sudath told him that they suspect Sudath of involvement with a robbery together with ‘Lara’ who is a well known thief in the area. Immediately Sudath denied any involvement of any kind with Lara or with any such crime.

Then SI Udayanga dragged Sudath out of his van and assaulted him twice. He was told that he needed to go to the police station. Further SI Udayanga told that he can introduce a fabricated charge of having cannabis (Marijuana), kudu (drugs) or for possession of bombs. He further told Sudath that he can kill him at any time. Then SI Udayanga covered eyes of Sudath tiding a cloth. He was kept like that for the rest half of the day.

At night the cloth was removed and Sudath notice that a group of people have been brought before him. SI Udayanga showed Sudath to them and questioned them as to whether he was the thief. But all the members of the group denied it, especially, a young girl, who was with them clearly stated that he was not the man. Then they left the place.

The next day Sudath was brought to a room and was tightly handcuffed to a bed. He suffered enormously due to the tightness of the cuffs. Then he was given some food to eat but due to the handcuffs he was unable to eat it. Only on limited occasions was he allowed to go to the toilet.

It was only on 7 November at around 5.30 pm that Sudath was brought down from that room. During this period from 1 to 7 November he was detained in that manner. SI Udayanga threatened Sudath that he could kill him. Udayanga went so far as to say that if he so chose he could kill even twenty five persons. Sudath continuously stated that he was innocent. Then SI Udayanga told Sudath that he could be produced before a High Court if necessary on a fabricated case. Sudath was in fear due to these statements. Then he was released without being produced before any court. When he was release he was warned that he could go but he had to be remained silent.

Sudath vehemently states that his rights were seriously violated by police officers as he was illegally arrested, illegally detained and tortured. He narrated his story at video: here. 

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