SRI LANKA: Police tortured an innocent man with chili in his eyes and nostrils after illegal arrest

Dear friends,

The Asian Human Rights Commission (AHRC) has received information that Mr. Chaminda Sampath Wickrama Pathirana of Walgama, Bandaragama in the district of Kaluthara was illegally arrested and severely tortured by police officers attached to the Badaragama Police Station on 20 May 2009. At the time of arrest, when he was severely tortured or at the time of he was releasing from police custody he was not given any reason for arrest. While in the police custody his legs and hands were tied and hot chili jus was pour to his nose and eyes two times. He was severely beaten with broom sticks as well by six police officers. Later he was treated at Panadura Base Hospital for two days. Then police filled two fabricated charges against him in Magistrate Court of Horana. Then he plead not guilty and contested police version and Magistrate acquitted him from first concluded case. He is waiting to prove his innocence in other case as well. As he contested the police now he is in fear of his life. This case is yet another illustration of the exceptional collapse of the rule of law in the country. 

CASE NARRATIVE: 

According to the information the Asian Human Rights Commission received, Mr. Chaminda Sampath Wickrama Pathirana of Walgama, Bandaragama in the district of Kaluthara was illegally arrested on 20 May 2009 and detained for seven days in Bandaragama Police Station. There he was brutally tortured by six police officers including Sub Inspector (SI) Salwathura, Police Sergeant Manoj, Police Constable (PC) Kithsiri, PC Ashoka and two other officers whom can be indentified if seen again.

On 20 May 2009 in the morning Chaminda went to the boutique near his house. When he returned he observed three persons waiting on the road along with a jeep belonging to the police. After he passed the jeep suddenly one person followed Chaminda and held him. Chaminda asked the person who stopped him for his identity. The man identified himself as PC Kithsiri of the Bandaragama Police Station. Chaminda then realised that the others were also police officers. Then PC kithsiri brought Chaminda to the two persons near the jeep and handed him over him to them. Then one person, who later identified himself as SI Salwathura asked for his name and his residential address. He narrated the way to his house and the officer drove the vehicle to his home and started to search the house without informing any reason to Chaminda or the other residents. The officer neither not showed any officially issued search warrant nor given any reason for their conduct. Then officers took a receipt of the mortgage of jeweler in the home but it did not belong to Chaminda. After the search the officers asked Chaminda to go the police station with them. When his family members demanded the reason for their search and taking Chaminda to the station the officers explained that Chaminda had not committed any crime but they want to take a statement from him.

Chaminda was brought to the police station and taken to the officer’s barracks at the station compound. There they tied Chaminda’s wrists and ankles. Later several other officers also came to the scene and Chaminda identified them as SI Salwathura, Sergeant Manoj, PC Kithsiri, PC Ashoka and two other officers. One officer brought some hot chili and started to chop them. Then without warning he poured the juice of the hot chili into Chaminda’s nose and eyes. Immediately Chaminda was in serious pain the other officers started to beat him with a broom stick. He was beaten all over his body. While being beaten he was questioned as to whether he had committed any crimes to which he replied that he had not. Then the officers released him and locked him up in the cell.

On 24 of May also he was brought to the same place by the same officers who tied his wrists and ankles together. Then they positioned his elbows on either side of the knees and inserted a pole between the knees. In this manner the officers lifted the pole and placed the ends on two tables thereby suspending Chaminda face upwards. Then again an officer started to chop up hot chili and poured the juice into his nose and eyes. Once again he was questioned as to any crimes he had committed for which he gave the same denial. Finally he was released and the officers gave him a bucket of water to wash the face. After this he was sent to the cell again.

The police brought Chaminda to all the jeweler shops in the town of Bandaragama and questioned the owners as to whether he had come to sell or mortgage jewellery. All the shops owners interviewed denied ever having seen Chaminda and the officers then released him.

Upon returning home he was in great pain due to the injuries suffered during the torture. He went to the Panadura Base Hospital where he was admitted and remained there for two days.

Several days later he was informed that the police had filed two fabricated charges against him in the Magistrate’s Court of Horana. He attended the hearing and pled not guilty. He was subsequently acquitted by the Magistrate on one case and the other is still ongoing.

Later he complained to the state authorities for legal redressed but none of these institutions started any inquiry following his is complaint. Still he is waiting for justice. Now presently he is in fear of his life and facing new fabricated charges as he opposed the police in the criminal trials. The mother of the victim narrated the story in the video.

ADDITIONAL COMMENTS: 

The Asian Human Rights Commission has reported innumerable cases of torturing innocent by the Sri Lankan police which are illegal under international and local law which have taken place at different Police Station in the country over the past few years.

The State of Sri Lanka sign and ratified the CAT on 3 January 1994. Following state obligations Sri Lanka adopted Act number 22 of 1994 the law adopted by the Sri Lankan parliament making torture a crime that can be punishable for minimum seven years and not less than ten years on being proven guilty. The Attorney General of Sri Lanka is suppose to file indictments in the case where credible evidence were found on torturing people by state officers.

SUGGESTED ACTION: 
Please send a letter to the authorities listed below expressing your concern about this case and requesting an immediate investigation into the allegations of illegal arrest, illegal detention, torturing and violating a rights of a person with disabilities by the police perpetrators, and the prosecution of those proven to be responsible under the criminal law of the country for misusing powers of a state. The officers involved must also be subjected to internal investigations for the breach of the department orders as issued by the police department. Further, please also request the NPC and the IGP to have a special investigation into the malpractices of the police officers for abusing the state officers’ powers illegally in favor of private parties.

Please note that the AHRC has also written a separate letter to the Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment on this regard.

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