SRI LANKA: Police allegedly torture a man; his lawyer receives threats from police

Dear friends, 

The Asian Human Rights Commission (AHRC) has received information that the Meegahatenna police allegedly tortured a man on March 1, 2009 in Sri Lanka. After the torture, police manacled him for two days without providing water, food and bathroom facilities. They finally forced him to sign a statement with no explanation. His legal representative failed to appear before the court due to police threats. 

CASE DETAILS: (based on the testimony of Sunil Shantha the victim) 

When three police officers in civilian clothes came and asked for Sunil Shantha at 2:30pm on March 1, 2009, Sunil Shantha, dressed casually only in his sarong, came forward identifying himself. One officer then suddenly grabbed him by his stomach, squeezing tightly, while the other two officers grabbed him by his sarong from the back and forced his hands to the back. The person who asked for Sunil Shantha, later identified as Sub-Inspector (SI) Senaviratne, then assaulted him on the face, back and stomach. However at this time, the officers did not identify themselves as police officers nor did they tell him why he was being assaulted. 

Thereafter, they dragged him along the road to where a police jeep was parked. They continued assaulting him all the way. When they made him get into the jeep, Sunil Shantha asked them who they were. He was told by the SI Senaviratne that they were from the police. In the jeep, they made him sit on the floor and manacled his feet. 

When they arrived at the back of the Meegahatenna Police Station at 3:15pm, they asked Sunil Shantha to get out of the jeep. When Shantha pleaded that he was unable to get down due to the manacles on his legs, the SI Senaviratne allegedly assaulted him with a pole. Shantha somehow managed to drag himself out in order to avoid being assaulted. Then, the SI commanded him to walk into the police station. While Shantha again pleaded to take off the manacles from his feet so that he could walk, the SI merely assaulted him again. Shantha had no means to keep his hands off the floor. He walked like an animal, on all fours, into the room of the Officer-in-Charge (OIC) who ordered him to be taken to the Crime Branch. The OIC asked the SI to remove the manacles from his legs. (At this time, Shantha got to know the name of the said SI) 

The OIC asked for a rope and a pastle (locally used to pound grain etc – a thick pole out of Kithul wood) to be brought. Then, the OIC allegedly ordered Shantha’s hands tied with the rope. The pole was put through his arms and legs and then lodged between two tables. He hung on it curled up like a cart wheel with his head down and his feet up. (This method of hanging is locally and ironically referred to as the Dharma Chakra or the Wheel of enlightenment) The OIC indiscriminately assaulted Shantha on his back and his upturned feet and turned him about three rounds while holding his legs. The OIC even assaulted him on the neck where surgery had been performed recently. Shantha screamed in great pain but it was of no use. Shantha was continuously asked to return stolen goods. He denied the allegation. The time was 5:30pm. 

The OIC left the room and two other officers who had been there initially at his arrest untied him and made him sit on the floor. They manacled his left leg to one of the table legs and his right hand to another of the table legs and left him in that position for two days till 4pm on March 3. During this time he was given neither food nor water and not allowed to go to the bathroom. While in this position the SI took down a statement from him, forcing him to sign it, without explaining or showing him what was written. 

Subsequently Shantha was taken to the Meegahatenna Hospital by the SI and another officer. When he was examined, Shantha told the doctor that he was in great pain and that he was assaulted by the police. The doctor gave him some tablets to be taken immediately, and gave a chit to the officer to be given to the hospital ward on admission. 

However, Shantha was not admitted to the ward but was taken back to the Meegahatenna Police Station and made to sit on a chair. At about 5:30pm the SI and another two officers produced Sunil Shantha before the Mathugama Magistrate. The SI then threatened Shantha of the consequences if he dared to tell the Magistrate that he was assaulted by the police. At the Magistrates, Shantha found out that two cases of theft and one case of assault had been fabricated against him. He was remanded until March 11, 2009. 

Attorney-at-law Ms. Jayawardena represented Shantha. She informed the Magistrate that Shantha had been severely assaulted by the police and that he needed medical care. The Magistrate ordered that Shantha be referred to the Prison Hospital in Kalutara, where he received medical treatment until March 11. 

When the case was called up again in court, his legal representative did not appear for Shantha. She later informed his family that she was unable to do so due to threats made by the police. Two other lawyers appeared for him that day. Three surety bails were ordered amounting to Rs. 100,000/= (USD 878) each and cash bail of Rs. 15,000/= (USD 131). Since it was quite late that day and bail could not be furnished he was again sent to prison until March 13. On March 12, bail was furnished and on 13 March 2009 Sunil Shantha was sent home. 

Falling sick from time to time as the result of his torture, Shantha has again been admitted to hospital. 

On March 16, a written complaint regarding this case was sent to the chairperson of National Human Rights Commission and National Police Commission, Inspector General of Police, Attorney General and Senior Superintendent of Police Kalutara. 

ADDITIONAL INFORMATION 

In 2004 Sunil Shantha had helped the police on a raid of several illegal gambling dens. As a result of this in May 2004, he was attacked by the owners of the gambling dens. The left side of his neck was cut with a knife and he had to be admitted to the hospital. Surgery had to be performed and he was under treatment for about three weeks. 

Later, Sunil Shantha became aware that the police themselves were responsible for leaking information that he had given them about the gambling dens. 

Sunil Shantha then decided to settle the matter with the police and gave them Rs. 10,000/= (USD 87). The Police however were angry that he wanted to settle the matter for a mere Rs. 10,000. They felt a sum of at least 200,000/= (USD 1,756) could have been extracted from him. Sunil Shantha says the intention of the police was that they all share in the money received from him. 

According to Sunil Shantha, cases were fabricated by the police to take revenge on him. As of March 16, his case with regard to the accusation of theft had been postponed at the Mathugama Magistrates Court at least 4 times. Those who made the complaint have not come forward. 

Furthermore, Sunil Shantha says that due to the severe injury on his neck, he became disabled to the extent that he cannot take care of himself and is being looked after by his sisters. 

SUGGESTED ACTION: 
Please write to the local authorities listed below and urge them to investigate this case so that those responsible for torture against the victim are prosecuted and punished according to the law. Protection must be provided as well during this investigation. 

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

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