SRI LANKA: A man allegedly assaulted due to a private quarrel by the police who then filed fabricated charges against him

Dear friends,

The Asian Human Rights Commission (AHRC) has received information regarding the assault of a man by the Tissamaharama police on 29 December 2007. The police severely assaulted him before taking him to hospital. At the police station, the police forced him to sign a statement and later falsely charged him with possession of illegal substances (drugs). Magistrate released him on bail but failed to investigate the alleged torture and fabricated charges.

CASE DETAILS: (based on the testimony from Mr. Sugath Rohana)

At around 9pm on 29 December 2007, Sugath Rohana, was returning home from work. He consumed a beer at a restaurant and stopped at a shop to buy something to eat. Inside the shop, Sugath Rohana saw Manikka, a police officer, in the company of another police officer from the Tissamaharama police station.

According to the information received, on a previous occasion, Manikka had asked Sugath Rohana to lend him his motor cycle for personal reasons. Sugath Rohana refused this favour, saying that the motorcycle belonged to his employer company. Then Manikka threatened him by saying, “Is that so? The day will come when you will need us!” Manikka showed his displeasure towards at that time and later on the occasions when they met on the road.

On December 29, seeing Sugath Rohana enter the shop, officer Manikka came out and called him to one side and asked if he was drunk. Sugath Rohana replied that he had only consumed beer. Officer Manikka stated, “That is enough for us”. Sugath requested the officer not to bother him as he had done no wrong and that he was on his way home. Officer Manikka then slapped him on the cheek, saying “We will see about that”. Sugath Rohana pleaded with the officer not to hit him as he had done no wrong. Manikka taunted him and repeated the word “wrong… wrong…” and again slapped him brutally across his cheek.

Another police stepped in and said, “Your mouth is too big”, and struck him severely on his head with the T56 rifle he was carrying. He then made a call on his mobile phone and asked for a police jeep to be dispatched, stating that their officers were being assaulted. Sugath Rohana asked officer Manikka why he was being treated like a criminal, and in response the officer said sarcastically, “Look, now he is trying to teach us the law.”

The police jeep then arrived with more officers who also started to assault Sugath Rohana. He was unable to recognise the officers who assaulted him or their numbers in the group, because at that time he began to feel faint and his vision became blurred due to his head injuries from the assault. His head was bleeding and his T-shirt was soaked in blood.

At that time, Sugath Rohana’s sister, Ayanthika, came to the scene. However she was also scolded by the police. Shortly, officer Chandimal of the same police station came to the scene on his motorcycle. He scolded Ayanthika with foul language and attempted to assault her, at which point Ayanthika became frightened and ran away. Officer Chandimal then assaulted Sugath Rohana who fell unconscious.

The victim was taken to the Debarawewa hospital. Officer Manikka, Chandimal and some other officers were around the victim’s bed when he regained consciousness.

Allegedly, officer Manikka had deceitfully reported to other parties, including the doctor in the hospital, that Sugath Rohana had intended to purchase illegal drugs, and while drunk, had fallen from the bike and injured himself. Upon hearing this false report, Sugath Rohana shouted out that he did not use drugs, and that this was a gross injustice as he had been assaulted by the police. He also stated to the doctor that his purse and mobile phone were missing. Officer Manikka then produced both these items. The doctor then asked the police that brought in Sugath Rohana, if he had any injuries. Officer Manikka stated that the victim did not have serious injuries, as he had only fallen off his bike. The victim objected again to the false statement and added that he had a severe headache. However, officer Manikka was able to have him discharged from hospital and brought him to the Tissamaharama police station where he was placed in a cell. He was also not given any food or drink that night. Sugath Rohana is unable to state at what time he was taken to the police station.

On December 30, officer Manikka took Sugath Rohana out of the cell and announced loudly, “This is the guy who came to assault the police”, and took him to a table to record his name and workplace. Sugath Rohana was not shown what else was recorded but was forced to sign the book. Officer Manikka then threatened to have him imprisoned for two years. Another officer suggested cancelling his driver’s license so that he would be out of a job. The victim was then returned to his cell. Sugath Rohana was still not given any food or drink that morning.

While Sugath Rohana was in his cell, officer Chandimal came to the cell and showed him a packet of drugs, stating that this was the evidence they would use to have him imprisoned for two years.

Later, officer Manikka came and took Sugath Rohana to another cell and told him to remove his T-shirt, asking if his family brought him another shirt as he could not be produced in court in such a state. Subsequently, when Sugath Rohana’s brother-in-law, Anil Priyantha, came to see him, he asked him to bring another shirt so he could be produced in court. Anil Priyantha then did so.

At around 12:30 on the same day, Sugath Rohana was produced in Tissamaharama court under the allegedly fabricated charges and remanded.

He later came to know that the fabricated charges against him were possession of illegal substances (drugs) and driving his motorcycle under the influence of alcohol.

On 1 January 2008, Sugath Rohana was produced in the Tissamaharama court and received bail.

On January 2, due to the discomfort and pain in his body, Sugath Rohana sought treatment from a private doctor. However, due to the severity of his injuries, he was admitted to the Hambantota General Hospital for further treatment. The victim informed the doctor who examined him, and the Judicial Medical Officer (JMO), that he had been tortured by the police. Sugath Rohana was warded and received medical treatment until January 8. He was advised to continue treatment with an Eye-Nose-Throat (ENT) doctor. The victim continues to suffer from severe headaches, dizziness and fainting spells, due to the assault on him by the police.

Sugath Rohana has informed this situation by written complaint to the Chairperson of Human Rights Commission, Chairperson of National Police Commission, Inspector General of Police, Attorney General, Deputy Inspector General of Police (Legal), Deputy Inspector General of Police (Southern) and Senior Superintendent of Police Hambantota.

SUGGESTED ACTION:
Please write letters to the relevant authorities to investigate this alleged assault and fabricated charges against Sugath Rohana.

The AHRC is writing a separate letter to the UN Special Rapporteur on the Question of Torture calling for an intervention in this matter.

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