SRI LANKA: Independent investigation needed on an extra-judicial killing by the police as a result of torture

Dear friends, 

The Asian Human Rights Commission (AHRC) has received information on an extra-judicial killing of an innocent man in Attanagalle in Gampaha District in Sri Lanka on 2nd April 2015. Mr. G A Gayan Pubudu Kumara (32) was illegally arrested, tortured and killed by police officers attached to the Nittambuwa Police Station. 

Gayan, is a low level entrepreneur who makes new seats for the 3-wheeler tuk tuk vehicles. On the way back to his home, he was arrested by a police officer who severely beat him in public. Several people witnessed the torture, including his brother and dozens of his neighbors. He was beaten, kicked, hit with fists and later made to sit on the ground. The police officer phoned for back-up support from the Nittambuwa Police Station together with a request for a vehicle to take Gayan from the scene of the crime. 

Later Gayan was admitted to the Wathupitiwala Base Hospital where he succumbed to his injuries. The Police officers announced that Gayan tried to escape from police custody. They said that they found him lying on the ground in close proximity to the place where he was arrested. 

The statement issued from Police Headquarters admitted the arrest, the detention, the correct time and place. It further stated that following the direction of the Inspector General of Police (IGP) and the Deputy Inspector General of Police (DIG) Colombo West, a special team of police have initiated an inquiry under an Assistant Superintendent of Police (ASP) of the Kalaniya Division to investigate the Gayan’s killing. 

A Police spokesman said that they are waiting for the cause of death together with the exact alcoholic content in the body of the deceased. A further detail under investigation is to ascertain whether the deceased committed suicide by jumping off a nearby building. Relatives vehemently denied the police announcements. They made a strong counter statement that Gayan was illegally arrested, detained, and severely beaten. They say that the police are trying to cover up the story of his death as a result of torture and suppress justice. 

The responsibility of the police is to protect the life of any detainee after an arrest. It is clearly guaranteed by the law of the land. Freedom from torture is a fundamental right guaranteed by the Constitution for all citizens and any guests in the country. According to the Convention Against Torture and other Cruel Inhuman or Degrading Treatment or Punishment Act, No. 22 of 1994 of Sri Lanka, state officers are punishable by imprisonment for a minimum of seven years for committing a crime of torture. 

This is the fourth Urgent Appeal made by the Asian Human Rights Commission in 2015. It is becoming very clear that the Police Departments in Sri Lanka continue to ignore the law and their duty of protecting citizens under police custody. Extrajudicial killing has become a routine occurrence in police procedures. At the time of arrest, while in custody, or even in the cells, the lives of innocent people are being terminated. 

This case is symbolic of the crisis that now faces the Sri Lankan police force. A lack of accountability and professionalism has allowed extra-judicial punishment to become the standard. The Assistant Superintendent of Police (ASP) of the division and the Officer-in-Charge (OIC) of the Nittambuwa Police Station is responsible for his junior officers.  He has to see that they respect the law, implement the law, protect the civil liberties of people and secure their lives. Once a credible, independent investigation, has uncovered how and why these events have taken place, effective reforms can be brought into force. 

CASE NARRATIVE: 

According to information received by the Asian Human Rights Commission (AHRC), the victim, Mr.G A Gayan Pubudu Kumara (32) of Katulanda, Atthanagalle in Gampaha District was married and an entrepreneur who makes new seats for the local tuk tuk’s -3 seater vehicles. Gayan is self-employed but works with several assistants at Pasyala Junction, Nittambuwa. 

On 2nd of April 2015, G A Gayan Pubudu Kumara (32) was illegally arrested, beaten and killed by a police officer attached to the Nittambuwa Police Station. 

Gayan was on his way back home at Katulanda Attanagalle. While riding his motorcycle he had a verbal dispute with a lorry driver. The people in the lorry requested the police officer on duty to arrest and detain Gayan while they were on the road near the Pasyala Junction. Without listening to Gayan’s side of the story, the officer started to severely beat him in public. Several people witnessed the incident, including his brother and dozens of his neighbors. He was beaten, kicked and hit with fists and made to sit on the ground. Then the officer requested back-up support from the Nittambuwa Police Station and a vehicle to take Gayan from the scene of the crime. 

K A Jayathilake (44), Gayan’s brother, witnessed how Gayan was illegally arrested and severely beaten by the police officer. He saw Gayan dragged by the neck. He saw the Police officer assault Gayan on the neck, face, cheek, chest, especially the stomach and then the lower abdomen.  After being beaten, Gayan lay on the ground next to the police officer. 

T. D. Anil, an eyewitness, said he saw the police officer assaulting Gayan. Afterwards, the officer used his mobile phone to request back-up and a police jeep to take Gayan to the station.  

A few hours later Gayan was admitted to the Wathupitiwala Base Hospital where he succumbed to his injuries. Attanagalla, Acting Magistrate, carried out the initial magisterial examination at the scene of the crime. According to his report, the police officers found a white iron chain and blood stains at the scene of the crime. The Magistrate ordered the police to hold a post mortem to be carried out by the Gampaha General Hospital’s Specialist Consultant Judicial Medical Officer (JMO) and produce the report in court. The magistrate also examined the body at the Wathupitiwala Hospital Morgue. 

Police officers later stated that they found him lying on the ground in close proximity to the place where he was arrested. Police said that Gayan tried to escape from police custody and had fallen to the ground. 

The mother of the victim lodged a complaint with the Nittambuwa Police Station, stating that her son was   killed, extra-judicially, by the police. She requested a prompt, independent, impartial and efficient investigation. 

Later an announcement made by Police Headquarters, admitted the arrest, the detention, the time and the place. It further stated that following the direction of the Inspector General of Police (IGP) and the Deputy Inspector General of Police (DIG) Colombo West, a special team of police has initiated an inquiry under an Assistant Superintendent of Police (ASP) of Kalaniya Division to investigate Gayan’s death. 

A Police spokesman stated that they are waiting for the cause of death and the exact alcoholic contents in the body of the deceased. He further revealed that they are investigating whether Gayan had committed suicide by jumping from a nearby building. 

The mother and relatives of the deceased stated that there are dozens of eye witnesses testifying that Gayan was illegally arrested, detained and severely beaten by a police officer. As a result of this severe torture, Gayan lost his life. At present, the Police Department is trying to cover up the incident and suppress justice. 

It is the responsibility of the police to protect the life of any detainee after an arrest. It is clearly guaranteed by the law of the land. Freedom from torture is a fundamental right guaranteed by the Constitution, to every citizen and any visitor in the country. This is the fourth Urgent Appeal on extra-judicially killings by police in Sri Lanka made by the Asian Human Rights Commission in 2015. It has become clear that the Departments of Police in Sri Lanka continue to ignore the law, the duty to protect its citizen while carrying out their duties. Extra-judicial killing has become a routine occurrence in police procedures. At the time of arrest, while in custody, even in the cells, innocent people are being eliminated with extreme persuasion. 

This case is symbolic of the crisis that now faces the Sri Lankan police force. A lack of accountability and professionalism has allowed extra-judicial punishment to become the standard. The Assistant Superintendent of Police (ASP) of the division and the Officer-in-Charge (OIC) of the Nittambuwa Police Station is responsible for his junior officers. He has to see that they protect the law, implement the law and protect the civil liberties of the people by making their lives secure. Family members of he victim, the witnesses, their relatives and neighbors are living in fear of their lives while seeking proper protection for themselves. Once a credible, independent investigation has uncovered how and why these events have taken place, effective reforms can be brought into force

SUGGESTED ACTION: 
Please call for a thorough, legitimate investigation into this case and for those proven responsible to be brought before a court of law. An investigation would need to examine the lack of protection and support extended to the family and witnesses under threat. Such protection must now be promptly provided. Please also call for the Human Rights Commission of Sri Lanka to independently investigate the case, particularly the roles of the high-ranking police officers in the district. 

The AHRC has written to the Special Rapporteur on Extra-judicial, Summary or Arbitrary Executions informing him of this case. 

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