SRI LANKA: Police allegedly torture a man during interrogation

Dear friends, 

The Asian Human Rights Commission (AHRC) has received information that police arrested and took a man to a police station, where they allegedly tortured him during the interrogation. 

CASE DETAILS: (Based on the information received from Sathivel Bawani, the victim’s wife) 

When Mr. Rengasami Chithrakumar, a driver of three-wheeler failed to come home, his wife, Sathivel Bawani went out to search for him on April 18, 2008. Bawani came to know from witnesses working at a vehicle service centre at Digana, that police officers in civil clothes had taken Chithrakumar while he was at the centre. She made an entry at the Teldeniya Police Station at around 9pm about the disappearance of her husband. She then went to the Kandy Police Station on April 19 and 20, but could not find out anything about him. 

At 2pm on April 21, 2008, officers attached to the Regional Intelligence Unit of the Kandy Police Station searched her house. The officers informed Bawani that her husband was detained at the Kandy Police Station after his arrest. They also said that if she could produce Gajendra Kumar, Chithrakumar’s brother-in-law, they would release her husband. 

Chithrakumar was detained until August 8, 2008, when had was charged with setting off a bomb on a bus and sent to Bogambara remand prison. After he was transferred out of police custody he admitted that he had been severely tortured from the day of his arrest. 

Bawani also alleges that her husband was severely tortured under interrogation and forced to sign some papers, the contents of which he was unaware of. When there were interviews, Bawani and his family members were allowed to speak only in Sinhala, a language that Bawani, who is Tamil, barely knows. She is not sure whether Chitrakumar was examined by a Judicial Medical Officer at the Kandy General Hospital, but she witnessed scars on his face, hand and feet. 

Chithrakumar is currently produced in court twice a month at Teldeniya Magistrate court in Kandy. The charge sheets have not been presented but the facts have been reported to the court by the Terrorist Investigation Division (TID), attached to police headquarters in Kandy. 

ADDITIONAL INFORMATION: 

The AHRC has documented several cases of torture and ill treatment by the police. It appears to be common practice for the police to assault a person at the time of arrest, without due process, as well as on the way to and inside the police station during interrogation. 

For example, Anil Chandana,19, had to undergo surgery on his leg when he was in prison due to being tortured. (AHRC-UAC-021-2009) Police seldom open an investigation on such injuries, and when they do the investigations are not thorough or transparent. They are more likely to threaten the complainant to withdraw his case (AHRC-UAC-019-2009). Arbitrary arrests and detentions are common, at which time police can assault the arrestees or detainees. (AHRC-UAC-012-2009) 

Another young man, Mr. Abesinhage Don Janaka had to undergo treatment in prison hospital due to injuries allegedly caused by police torture. (AHRC-UAC-024-2009) Sunil Shantha was accused of theft without any evidence and severely tortured, necessitating hospitalization. (AHRC-UAC-026-2009) The SI in this particular case was also involved in the case of assault and ill treatment of Loku Naramgodage Shantha. (AHRC-UAC-028-2009) 

In one case police held both parents of a man hostage until he surrendered himself to the police station. While in custody the father was allegedly tortured and the mother was prevented from leaving the station. After the son was handed over to the police some days later he emerged from custody with one of his legs broken. The police threatened him not to reveal the cause of his injuries–custodial torture–in court. (AHRC-UAC-030-2009) 

Mr. Sinnavan Stephen Sunthararaj who works in the field of human rights in Jaffna and Colombo, was arbitrarily arrested on 12 February, 2009, and detained in the Kollupitiya Police Station. Here again the family was not provided with the reason for his arrest. (AHRC-UAC-031-2009) Police allegedly torture an accused to provide five names, seen in a case in which one man was allegedly tortured and four others were detained despite the fact that none were at the crime scene. (AHRC-UAC-034-2009) 

SUGGESTED ACTION: 
Please send letters to the government authorities below urging them to investigate this case and that information obtained through the acts of torture must not be used as evidence before the court. 

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

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