SRI LANKA: Police allegedly torture a man to get information

Dear Friends, 

The Asian Human Rights Commission (AHRC) has received information regarding the torture of a youth by officers attached to Moragahahena police for the purpose of obtaining information on February 2, 2009 in Sri Lanka. The youth sustained injuries as a result of which he had to undergo treatment at prison hospital. 

CASE DETAILS: (Based on the testimony of the victims brother Abesinhage Don Sampath and the victim Abesinhage Don Janaka) 

Around 9:30pm on February 2, 2009, when Janaka was talking with two other persons near the Polwatte Meditation Centre, two police officers, Anura (27061) and Aruna (424) of the Moragahahena Police Station came on a motor cycle, wanted to know what they were doing and searched them. 

During the search, they found a bullet in the purse Janaka was carrying and wanted to know from where he had got it. Janaka replied that he had picked it up from the road. The officers did not believe him and insisted that if he had a bullet he should also be having a gun. Without credible evidence that he possessed arms, they took Janaka to the police station, since possessing arms or ammunition without a permit was illegal. 

At the police station, police officers Anura (27061), Aruna (424) and Jayalath (41099) indiscriminately assaulted him. While torturing him, these officers kept asking from where and from whom he had obtained the bullet. Janaka claims that those three police officers make him lean against the wall in a room inside the police station and assaulted him with their fists and also kicked him. Then, they made him lie down in a sleeping position on the floor and continued to assault him. Later, they put him into the cell. 

Officers Anura and Aruna then took him before the Officer-in-Charge who told them to produce him in court. Then they took him to the same room where they initially assaulted him and assaulted him again. After which they put him back into the cell. 

That night officer, Anura again took Janaka out of the cell to the same room and tortured him again. He told Janaka to sit on the floor near a table and he wrote down details with regard to his name and address. Then, telling him to stand up, the officer assaulted him with a hose on his hands and head. He also assaulted Janaka with his fists. Thereafter, the officer told him to lay on the floor and trampled him before putting back in the cell. 

While being tortured the officer Anura threatened Janaka that he should say he received his injuries when he was running away from the police. Thereafter he was forced to sign a document which he was not allowed to read nor did they explain its contents. The police also took his finger prints. According to Janaka, he was in great physical pain. His ears were blocked and his neck was swollen and he could not turn his head. 

On February 3, Janaka was produced before the Circuit Magistrate’s Court Bandaragama, which ordered him to be remanded till February 11. He was then remanded at the Kalutara Prison where he told the officials that he had been assaulted by the Moragahahena Police. His face and neck were swollen and he had injuries inside his mouth. Janaka was then admitted to the Prison Hospital where he received medical treatment till February 9. 

On February 9, Janaka was produced before the Horana Magistrates Court where he admitted that he was in possession of the single bullet and was fined with Rs. 5,000/= (USD 43). While Janaka was still in remand custody on February 5, Janaka’s brother, Abeysinghe Don Sampath informed this incident to the relevant government authorities including National Police Commission and Inspector General of Police. 

On March 2, after Janaka was released from prison, Janaka personally informed this incident to the same authorities requesting them to take due disciplinary and legal action against the erring officers of the Moragahahena police. 

On March 2, Janaka’s brother was called by the Senior Superintendent of Police (SSP) Kalutara for an inquiry with regard to the complaint he made on behalf of his brother on February 5. Since Janaka was released on bail, Janaka presented himself at the given time and place for the inquiry at the SSP’s office. However, no inquiry took place and Janaka was told that the SSP had not reported to work. Janaka also notified this situation to another SSP Mr. H. M. Dharmasena on 5 March. 

BACKGROUND INFORMATION: 

Torture and ill-treatment in particular by the police in Sri Lanka has not been addressed due to the systematic malfunction in the justice delivery system. As a result of this, impunity to those who violate the rights of others becomes now a culture. 

Police assault and torture is made not only to get information from the arrestees or detainees but also a habit of the police nature. The AHRC has collected and reported several cases of torture and impunity alike. For examples, Anil Chandana, 19 had to undergo surgery to his leg when he was in prison due to the torture. (To see, AHRC-UAC-021-2009) Police seldom started investigation but it is hard to see thorough or transparent investigation. They rather threaten the complainant to withdraw his case (To see, AHRC-UAC-019-2009). Arbitrariness of arrest and detention is common and during this time, police assaulted the arrestees or detainees. (To see more, AHRC-UAC-012-2009) 

SUGGESTED ACTION: 
Please write to the relevant local authorities asking them to make inquiry into this incident and take due disciplinary and legal action against the erring officers of the Moragahahena police. 

Please be informed that the AHRC has also written a separate letter to the UN Special Rapporteur on the question of torture calling for intervention in this case.

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