SRI LANKA: Police allegedly torture young man to extract confession

Dear friends,

The Asian Human Rights Commission (AHRC) has received information regarding the alleged torture of a young man by the Godakawela Police on 7 February 2008 in Sri Lanka. The police allegedly tortured him to confess to a crime to which he later maintained his innocence. Upon forcing a confession from him the police allegedly fabricated a case against him.

CASE DETAILS: (Based on the information received from the victim, Keerthi Padmakumara)

Mr. Delwala Nakathige Keerthi Padmakumara ran a hair salon in the village of Godakawela.

On 7 February 2008 when he was busy working in his salon, a school boy who Keerthi Padmakumara knew to be a resident of the area, but whose name he did not know, came into the salon and showed him a mobile phone. The boy asked Keerthi if he would help him sell it and Keerthi asked the boy to leave the phone in the salon. After a while a person came into the salon and Keerthi told him that there was a phone for sale. Keerthi asked him if he would be able to sell it. The man took the phone away after telling Keerthi that he will get it sold.

At about 4pm a police officer from the Godakawela police station came to the salon and took Keerthi Padmakumara to the phone shop in Godakawala. The owner of the shop was present. The officer asked Keerthi Padmakumara if he had stolen a phone from the shop. When Keerthi replied that he had not the officer slapped his cheek.

Keerthi Padmakumara was then taken to the Godakawela police station and put in the cell. Later in the evening an officer took him out saying that he wanted to take Keerthi’s statement. The officer then told him to admit that he had stolen a phone or otherwise he will hit him. Keerthi again said that he had not stolen the phone. Then the officer asked him to turn his back and stretch out his hands up on the wall. The officer then took a pole which was about 4 feet in length and started to assault him severely on his shoulders, spine and legs for about 10 minutes. He further says that due to the severity of the blows he could not breathe. He confessed to the accusation in order to escape the continuing assault. Only then did the officer stop the assault. Keerthi Padmakumara says that the officer who assaulted him was referred to as the ‘Saame mahaththaya’ meaning sergeant.

Keerthi was then taken to the room of the Officer in charge (OIC), where he was against asked if he had stolen the phone. It was out of desperation and fear that he would be tortured again that he felt he had no choice but to say ‘yes’. The officer who assaulted Keerthi then proudly stated that when ‘the works were given (meaning that when he was tortured) that Keerthi Padmakumara had accepted that he stole the phone’.

The next day, February 8, another officer proceeded to take a statement from Keerthi Padmakumara but when he asked to see the statement he was refused. Keerthi says that he was not allowed to see what was written nor was it explained to him but he was forced to sign the statement never-the-less. He was then returned to the police cell. Later that day Keerthi Padmakumara was produced in the Magistrate’s Court of Palmadulla. Keerthi Padmakumara got to know that, inter alia, he was charged with the offence of ‘inducing a minor to commit an offence’ and ‘racketeering for a long period’. The police objected to bail but he was later released on a cash bail of Rs. 6,000 (USD 55.7).

Subsequently on February 26 and 27, Keerthi went with his parents to meet the Assistant Superintendent of police (ASP) Ratnapura. However, they were not able to meet the ASP on both those days and only met him on the 1 March 2008. They informed the ASP of the incident and the police assault which resulted in his confession. The ASP advised them to go back to the Godakawela police station and make a statement and if justice was not done to come back to him. On the same day Keerthi Padmakumara and his parents went to the Godakawela police station and met the OIC, and told him what the ASP had said. However, the OIC did not show any interest and said he could tell his story in court when the case is called.

Keerthi Padmakumara has sent written complaints giving details of the incident to the Chairperson of Human Rights Commission, the National Police Commission, the Attorney General, the Inspector General of Police, the Deputy Inspector General (Legal branch) and the Assistant Superintendent of Police Ratnapura.

SUGGESTED ACTION:
Please write letters to the authorities listed below urging them to thoroughly investigate this alleged torture and the fabricated charges against Keerthi Padmakumara.

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

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