Dear Friends,
The Asian Human Rights Commission has received information regarding Mr. R.M Padmasiri Bandara (46) of Kandubadagama, Ma-Eliya, Polpithigama in the Kurunegala District. On 2 January 2017, he was illegally arrested, detained, tortured and brought before the Court by police officers attached to the Polpithigama Police Station. He was not involved in any crime. He went to the police station to visit two victims who were illegally arrested and detained at the same police station. The victim stated that the police acted arbitrarily–violating the law. Law enforcement agencies, especially senior police authorities, turned a blind eye to their complaints in an attempt to protect their fellow police officers. THE VICTIMS SEEK JUSTICE.
Case Narrative:
Padmasiri Bandara is a government teacher at Ibbagamuwa Sri Darmarakshitha Pirivena at Ibbagamuwa in Kurunegala District. He is married and father of one son.
According to Padmasiri, on 2 January 2017 he received a telephone call. He learned that his brother was arrested by officers attached to the Polpithigama Police Station along with a neighbor. He was not given any reasons for their arrests.
Padmasiri feared for their lives. He knew both men were innocent and there was no any justifiable reason for their arrest. Together with relative of the other arrestee, he went immediately to the Polpithigama Police Station. They saw both arrestees being held in a police cell. Padmasiri respectfully questioned the police officer on duty as to why his brother and his neighbor were arrested.
The response was that they were found to have consumed liquor. Politely, Padmasiri apprised the officer that according to the law, consuming liquor is not a crime unless they were also involved in committing another crime? Padmasiri asked the officer if they had any other materials in hand to prove their charge.
As a result of this conversation, both detainees were released from the police cell. They were taken to the office of the Officer-in-Charge (OIC) of the station.
Then suddenly Padmasiri heard his brother screaming from inside the police station. He knew that his brother was being tortured. He told the officers not to torture his brother as he is mentally ill. He explained in detail that his brother is a psychiatric patient. He begged the officers to take all necessary measures to stop the torture. But–the officers did nothing.
Padmasiri was warned to keep quiet. As Padmasiri was trying to get to the OIC’s office, he was restrained by 5 police officers and severely beaten. Nevertheless, Padmasiri requested permission to go to the OIC’s office. Before this took place, he was verbally abused with filthy language, handcuffed and AGAIN beaten. A uniformed Police Sergeant told him that “I have being working for 30 years in the Sri Lankan Police Service so I know what to do; I will produce all of you in Court tomorrow.”
Padmasiri was assisted by a sympathetic police officer who believed in his innocence. He managed to send a message to his wife and the Buddhist monk in his village.
By evening, his wife and her brother came to the police station to arrange for bail. But they were refused. They had no recourse but to stay in the police station, waiting for the detainees to be released. As Padmasiri was experiencing chest pain after his severe assault, he requested to go to hospital. The Sergeant refused saying: “even if you die, we first have to record your statement”. Padmasiri was kept in police custody until the next morning. Statements were taken, but he was never brought to the hospital or examined by a doctor or treated in any way.
On 3 January 2017 at 2.30 am, Padmasiri was taken to the Polpithigama Government Hospital. Meanwhile, his brother and his neighbour remained in custody. Padmasiri informed the doctors who examined him about the way in which he was tortured. He explained the severity of the beatings and the pain in his chest. Padmasiri was able to show the marks on his body of the injuries he sustained as a result of the torture. The doctors inspected the marks of injuries especially on his stomach and chest. Padmasiri noted that the doctor filled out some forms and gave a prescription to the police officer. He was admitted to the Emergency Unit of the hospital about 3.00 a.m.
Going against the doctor’s advice, police officers brought Padmasiri back to the police station. He was chained to a chair and once again verbally abused with smutty language. According to Padmasiri, while he was being roughed up, his brother and the other arrestee observed what was going on from their cell.
Some time later, Padmasiri saw and heard the OIC talking on his mobile phone with another senior police officer. From the way the OIC behaved throughout the telephone conversation, he understood that they were discussing HIS fate.
At 8.00 a.m. a female constable approached Padmasiri. She removed his chains and took him to the OIC’s office. The OIC spoke softly to Padmasiri and informed him that he cannot grant ‘police bail’ under the Bail Act. However, he is taking immediate steps to produce him before the Magistrate. In the evening, Padmasiri, his brother and the other detainee were produced in Court and granted bail. Neither Padmasiri nor the other two men are aware of the charges lodged against them. They say that the police produced and filed fabricated charges to cover up their torture.
Padmasiri reported for work on 4 January. Due to the continuous severe pain he suffered, he went and was admitted to the Polpithigama Government Hospital. Here doctors who examined him recorded the way he was tortured and the history of his case. They reported on all the fresh marks STILL on his body as the result of his torture. On 5th January, Police Constable 36752 – Dissanayake, came to take a statement. When he realized that Padmasiri had been tortured by police officers, he refused to take a statement.
Padmasiri informed the doctor of this new development. The physician called the Assistant Superintendent of Police (ASP) in the area. He conveyed to him the necessity of investigating this crime. Enough credible evidence is substantiated to prove that the patient was repeatedly tortured by police officers. A request was made to initiate an investigation. Several hours later, police officers ASP Gunaratne and Disasanayke came to the hospital and recorded statements from the victim and the doctor. Padmasiri was discharged from the hospital on 6 January 2016.
Padmasiri declared that he with two other innocent people were illegally arrested, detained and produced before the Courts under fabricated charges made by the Police. He states that police officers violated their fundamental rights guaranteed by the Constitution. HE SEEKS JUSTICE.
Suggested Action:
Please send letters to the authorities listed below expressing your concern about this case. Request an immediate investigation into the allegations of illegal arrest, detaining and the filing of fabricated charges by the Police. Those proven to be responsible under criminal law for misusing the powers of the State should be prosecuted. All officers involved must be scrutinized by an internal investigation for breach of Police Departmental Orders. Finally, please appeal to the National Police Commissioner and the Inspector General of Police for a special investigation into the malpractice of police officers who abuse their powers.
To support this case, please click here: SEND APPEAL LETTER
SAMPLE LETTER
Dear ________,
SRI LANKA: Schoolteacher illegally arrested, detained, tortured and brought before the Courts on fabricated charges
Name of Victims: R.M Padmasiri Bandara
Alleged perpetrators:
1)OIC of the Polpithigama Police Station
2) Several officers and Officers Dissanayake and Gunaratne attached to the Polpithigama Police Station
Date of incident: 2 January 2017
Place of incident: Polpithigama Police Division
According to the information I have received Padmasiri Bandara is a government teacher at Ibbagamuwa Sri Darmarakshitha Pirivena at Ibbagamuwa in Kurunegala District. He is married and father of one son.
According to Padmasiri, on 2 January 2017 he received a telephone call. He learned that his brother was arrested by officers attached to the Polpithigama Police Station along with a neighbor. He was not given any reasons for their arrests.
Padmasiri feared for their lives. He knew both men were innocent and there was no any justifiable reason for their arrest. Together with relative of the other arrestee, he went immediately to the Polpithigama Police Station. They saw both arrestees being held in a police cell. Padmasiri respectfully questioned the police officer on duty as to why his brother and his neighbor were arrested.
The response was that they were found to have consumed liquor. Politely, Padmasiri apprised the officer that according to the law, consuming liquor is not a crime unless they were also involved in committing another crime? Padmasiri asked the officer if they had any other materials in hand to prove their charge.
As a result of this conversation, both detainees were released from the police cell. They were taken to the office of the Officer-in-Charge (OIC) of the station.
Then suddenly Padmasiri heard his brother screaming from inside the police station. He knew that his brother was being tortured. He told the officers not to torture his brother as he is mentally ill. He explained in detail that his brother is a psychiatric patient. He begged the officers to take all necessary measures to stop the torture. But–the officers did nothing.
Padmasiri was warned to keep quiet. As Padmasiri was trying to get to the OIC’s office, he was restrained by 5 police officers and severely beaten. Nevertheless, Padmasiri requested permission to go to the OIC’s office. Before this took place, he was verbally abused with filthy language, handcuffed and AGAIN beaten. A uniformed Police Sergeant told him that “I have being working for 30 years in the Sri Lankan Police Service so I know what to do; I will produce all of you in Court tomorrow.”
Padmasiri was assisted by a sympathetic police officer who believed in his innocence. He managed to send a message to his wife and the Buddhist monk in his village.
By evening, his wife and her brother came to the police station to arrange for bail. But they were refused. They had no recourse but to stay in the police station, waiting for the detainees to be released. As Padmasiri was experiencing chest pain after his severe assault, he requested to go to hospital. The Sergeant refused saying: “even if you die, we first have to record your statement”. Padmasiri was kept in police custody until the next morning. Statements were taken, but he was never brought to the hospital or examined by a doctor or treated in any way.
On 3 January 2017 at 2.30 am, Padmasiri was taken to the Polpithigama Government Hospital. Meanwhile, his brother and his neighbour remained in custody. Padmasiri informed the doctors who examined him about the way in which he was tortured. He explained the severity of the beatings and the pain in his chest. Padmasiri was able to show the marks on his body of the injuries he sustained as a result of the torture. The doctors inspected the marks of injuries especially on his stomach and chest. Padmasiri noted that the doctor filled out some forms and gave a prescription to the police officer. He was admitted to the Emergency Unit of the hospital about 3.00 a.m.
Going against the doctor’s advice, police officers brought Padmasiri back to the police station. He was chained to a chair and once again verbally abused with smutty language. According to Padmasiri, while he was being roughed up, his brother and the other arrestee observed what was going on from their cell.
Some time later, Padmasiri saw and heard the OIC talking on his mobile phone with another senior police officer. From the way the OIC behaved throughout the telephone conversation, he understood that they were discussing HIS fate.
At 8.00 a.m. a female constable approached Padmasiri. She removed his chains and took him to the OIC’s office. The OIC spoke softly to Padmasiri and informed him that he cannot grant ‘police bail’ under the Bail Act. However, he is taking immediate steps to produce him before the Magistrate. In the evening, Padmasiri, his brother and the other detainee were produced in Court and granted bail. Neither Padmasiri nor the other two men are aware of the charges lodged against them. They say that the police produced and filed fabricated charges to cover up their torture.
Padmasiri reported for work on 4 January. Due to the continuous severe pain he suffered, he went and was admitted to the Polpithigama Government Hospital. Here doctors who examined him recorded the way he was tortured and the history of his case. They reported on all the fresh marks STILL on his body as the result of his torture. On 5th January, Police Constable 36752 – Dissanayake, came to take a statement. When he realized that Padmasiri had been tortured by police officers, he refused to take a statement.
Padmasiri informed the doctor of this new development. The physician called the Assistant Superintendent of Police (ASP) in the area. He conveyed to him the necessity of investigating this crime. Enough credible evidence is substantiated to prove that the patient was repeatedly tortured by police officers. A request was made to initiate an investigation. Several hours later, police officers ASP Gunaratne and Disasanayke came to the hospital and recorded statements from the victim and the doctor. Padmasiri was discharged from the hospital on 6 January 2016.
Padmasiri declared that he with two other innocent people were illegally arrested, detained and produced before the Courts under fabricated charges made by the Police. He states that police officers violated their fundamental rights guaranteed by the Constitution. HE SEEKS JUSTICE.
I request the intervention of your good offices. Ensure that the authorities listed below open an immediate investigation into the allegations of violations of fundamental rights of the victim by officers of the Sri Lankan Police Department. All officers involved should be subject to an internal investigation for breach of Police Departmental Orders.
Yours sincerely,
———————
PLEASE SEND YOUR LETTERS TO:
1. Mr. Pujith Jayasundara
Inspector General of Police
New Secretariat
Colombo 1
SRI LANKA
Fax: +94 11 2 440440 / 327877
E-mail: igp@police.lk
2. Mr. Jayantha Jayasooriya PC
Attorney General
Attorney General’s Department
Colombo 12
SRI LANKA
Fax: +94 11 2 436421
E-mail: ag@attorneygeneral.gov.lk
3. Secretary
National Police Commission
3rd Floor, Rotunda Towers
109 Galle Road
Colombo 03
SRI LANKA
Tel: +94 11 2 395310
Fax: +94 11 2 395867
E-mail: npcgen@sltnet.lk or polcom@sltnet.lk
4. Secretary
Human Rights Commission
No. 36, Kynsey Road
Colombo 8
SRI LANKA
Tel: +94 11 2 694 925 / 673 806
Fax: +94 11 2 694 924 / 696 470
E-mail: sechrc@sltnet.lk
Thank you.
Urgent Appeals Programme
Asian Human Rights Commission (ua@ahrc.asia)
