SRI LANKA: Alleged torture and laying false charges against family members by Kolonne police

Dear friends,

The Asian Human Rights Commission (AHRC) has received information regarding the alleged torture of a man and false charges being made against him and his family members by the Kolonne police on 16 December 2007. The police severely assaulted him at the time of arrest and then arbitrarily arrested other family members who intervened in an attempt to stop the assault. Police again allegedly assaulted him at the police station and at one point he lost consciousness. In the premises of the court, they allegedly threatened to kill the family members and to burn their house, and scolded them for having reported the police assault to the Human Rights Commission and Inspector General of Police.

CASE DETAILS: (based on the information received from Ajith Kumara’s elder sister, Ramyalatha and his wife, Ayesha Tharangani)

On 16 December 2007, at about 8:30am two police officers, Mr. Udaya Kumara and Mr. Premalal in civilian dress from the Kolonne Police station came looking for Mr. Ajith Kumara at his parent’s house, saying that there is a warrant issued for his arrest. When they were told that he was in the bath room taking a wash, they went into the house and dragged him out of the bathroom naked. They allegedly assaulted him with a pole and then forced him to the floor where they trampled his naked body including his sexual organs.

Ajith Kumara’s mother, W.H. Rosalin (67), his father who was bedridden and his sister, Ramyalatha were in the house at that time. While Ajith Kumara was being beaten, Rosalin and Ramyalatha came forward to stop the police officers assaulting him. However, his mother was also assaulted and fainted. Ramyalatha managed to snatch the pole from one officer. In the ensuing confusion Ajith Kumara ran from the premises. The police then also left leaving behind the mother, unconscious on the floor.

Meanwhile Seemawathi, another sister of Ajith Kumara, came to the house to attend to her sick father. She saw her mother fallen on the floor and after failing to revive her, took her by a three wheeler to the Kolonne hospital. On the way to the hospital, four officers arrived on motor cycles and threatened them not to take the mother to the hospital. However Seemawathi ignored them and carried on to the hospital.

When Seemawathi returned home, she found that Ramyalatha (her sister) and her young child had been taken to the police station.

In the afternoon, Ajith Kumara and Chanaka Thusitha Perera (Seemawathis’s son) were stopped at an army check point when they were found riding a motor cycle. The army officers after examining their bags and identity cards had informed the police that they had found Ajith Kumara. Soon after, eight police officers from the Kolonne police station came and arrested them. Once again the police assaulted them by forcing them to the floor and trampling them. At that point, the army officers warned the police officers “Not to assault them like assaulting dogs”. The police then took them to the Kolonne police station.

The police again assaulted Ajith Kumara until he lost consciousness at the Kolonne police station.
Ramaylatha and her child who were also in a cell witnessed this incident. Ramyalatha shouted from the cell not to assault her brother in such a cruel manner.

In the morning on December 17, Ajith Kumara’s wife, Ayesha Tharangani (who was 6 month’s pregnant) went to see Ajith Kumara in the police station. Inside the police station, Ramyalatha told her that her brother had been assaulted in a most vicious manner and had been taken to the Kolonne hospital the previous night. Ramyalatha told her to go to the hospital to see if her husband was still alive as he had been assaulted so badly. Ayesha Tharangani went to the hospital but the police would not allow her to see her husband. Later she came to learn that her husband had been transferred on the same day to the Embilipitiya Hospital.

On the same day, Ramyalatha and Chanaka Thusitha Perera were produced before Embilipitiya Magistrate’s Court and remanded.

Rosalin (the mother) had been transferred from the Kolonne Hospital to the Embilipitiya Hospital. After that, whenever the family went to visit Rosalin, the police officers threatened and tried to force them to get her discharged from the hospital. Later the family learned that she had been arrested from the hospital and sent to the prison.

When the family visited Ajith Kumara in the Embilipitiya Hospital, he was very sick and told them that the police officers had assaulted him very badly. Ajith Kumara, Rosalin (his mother) and Ramayalatha (his sister) were transferred to the Tangalle prison. The family got to know later that all three with Chanaka Thusitha Perera were charged with possession of firearms, assaulting the police and obstructing the official duties of the police officers.

On December 24, Seemawathi reported this incident by a written complaint to the Chairperson of the Human Rights Commission of Sri Lanka, the Chairperson of the National Police Commission, the Inspector General of Police and Police Headquarters. She also submitted her complaint to the Deputy Inspector General (legal) and Senior Superintendent of Police, Ratnapura.

On 17 January 2008, the police officer Udaya Kumara who assaulted Ajith Kumara in the house threatened and scolded the family while they were in the premises of the Embilipitiya Magistrate’s Court for complaining to the Human Rights Commission and the Inspector General of police. The Officer-in-Charge (OIC) of the Kolonne Police station also threatened the family in the premises of the court, on January 31 in the presence of the family including Ayesha Tharangani (Ajith Kumara’s wife), Seemawathi (his elder sister) and her husband and Siriyalatha (Seemawathi’s sister). Also present were the lawyer of the family, Mr. Kulasuriya and bystanders who had come to the court on that day.

According to Ramyalatha and Ayesha Tharangani, the OIC threatened them saying that, “if these two men are freed, we will get them shot and killed. We will get their houses burned down. Otherwise, we will get a villager to stab them to death with a knife. Only one bottle of arrack and a sharp knife is necessary. When this incident happened I was on holiday. I came after 4 days. I telephoned and told them to shoot all four of them. I have marked their houses. So go anywhere and make complaints.”

Ajith Kumara was then sent to receive treatment at the Ratnapura Hospital under the custody of the Kuruwita prison officials while Rosalin (his mother) and Ramyalatha (his sister) were in the Kuruwita prison. Chanaka Thusitha Perera was released on bail on January 31.

Seemawathi complained of this situation to the Chairperson of Human Rights Commission, Chairperson of National Police Commission, Attorney General, Inspector General of Police and Police headquarters on February 5.

On February 6, Ayesha Tharangani also complained of this situation to Chairperson of Human Rights Commission and National Police Commission, the Attorney General, Inspector General of Police and Police Headquarters.

Rosalin and Ramyalatha were released on bail on February 21 and Ajith Kumara is remanded in Kuruwita prison. No investigations have been yet taken by any government authorities with regard to the alleged torture of this man and the fabrication of charges against his family members.

ADDITIONAL COMMENTS:

It is being continuously reported (AHRC-UAC-037-2008, AHRC-UAC-020-2008 and AHRC-UAC-007-2008), that fabrication of charges by police is widespread in Sri Lanka. However, there is no attempt to be made to investigate those allegations. It takes long time for a person to get redress if he or she is involved in the alleged fabrication of charges.

The Supreme Court has also pointed out in its decision on 25 January 2008 with saying, “The [Supreme] Court has in recent time entered judgments in several cases in which the fundamental rights guaranteed by the constitution for the equal protection of the law (Article 12(1)); freedom, from arbitrary arrest and detention (Article 13(1) and (2) and from torture (Article 11) have been infringed in instances of false and fabricated arrests by the Police….The problem of infringements is thus widespread. Many persons pay up and suffer in silence leading to a general feeling of hopelessness, disbelief in the rule of law and the guarantee of fundamental rights. (See the judgment by the Supreme Court, S.C. (FR) Application No. 298/2005 at webpage of the Asian Legal Resource Centre, which is the AHRC’s sister organisation)

Torture or ill treatment is usually used before this fabrication of charges as a means either to extract information or to use the officer’ power for private purposes. In fact, the reasons for torture have been so trivial, such as failure to obtain a bribe, to please a friend or an opposing party that has paid off the police, to comply with traffic instructions, trying to deal with a complaint against a man by his in-laws over a family loan, sheer drunkenness or trying to find a substitute suspect for a crime the police have failed to resolve. (See Commentary at Torture for torture’s sake UPI Asia Online)

SUGGESTED ACTION:
Please write letters to the authorities listed below and demand the prompt and thorough investigation into the alleged torture and fabrication of charges and take action against those responsible.

The AHRC has already reported this case to the UN Special Rapporteur on the Question of Torture calling for an immediate intervention in this case.

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