Dear friends,
The Asian Human Rights Commission (AHRC) has received a detailed report from a victim of torture on a string of violent violations committed by Kolonna police, both in the police station and a nearby hospital. His case comprehensively illustrates the lack of discipline or accountability in many areas of the policing system in Sri Lanka. It also shows the courage that is needed by the average civilian to challenge it, and demand basic procedure and humane treatment from police. Though the victim has been seen by a judicial medical officer and has lodged a complaint with police, no actions have been taken against those involved. Unless legal actions are taken against police who misuse their authority, the current public disregard and distrust of law enforcement can only decline further.
Police assault can be tried as torture under Sri Lankan law. Please support this case and lobby for Sri Lanka’s torture laws to be properly implemented in the lead up to the United Nations International Day in Support of Victims of Torture on 26 June.
CASE NARRATIVE:
Karasinghe Arachchilage Kumarasinghe Appuhamy, 55, works as a farmer in Wijeriya, Kolonna and has five children. According to information given by him, he first went to the Kolonna police station at 9am on 30 April 2010 after he was summoned by police. He was told that a complaint had been made against him.
The inquiry was by a policeman called Thilakaratne, dressed in civilian clothes, and it began at around 12noon. It was alleged that Kumarasinghe Appuhamy had stolen electricity from a private power station, and he responded that the complaint was false, and due to a personal dispute with someone in his community. However we are told that Thilakaratne continued to question him, slapped him across the face, then held him by the shirt collar and struck him twice to the head. The second blow knocked his head hard against the wall. Kumarasinghe Appuhamy was then detained in a cell inside the station, in a great deal of pain.
According to the report we have received, Officer Thilakaratne returned to the cell and, using abusive language, threatened to fabricate two charges against him. He instructed another policeman to take Kumarasinghe Appuhamy to the hospital and return with him afterwards. Two policemen took him to the Kolonna government hospital by trishaw and produced him in front of a doctor.
The victim was not allowed to privately or confidentially consult with the doctor. He explained the assault, but when the doctor recommended that he be admitted, the police officers claimed that the victim had lied. In line with procedure, the doctor referred Kumarasinghe Appuhamy to the District Medical Officer (DMO), and while waiting, the victim vomited.
When the DMO arrived to examine the victim and asked him whether he felt faint or had vomited, Kumarasinghe Appuhamy replied that he had, and when police contradicted him, he was able to show proof. He asked to be admitted to the hospital. However we are told that the DMO then spoke to one officer privately – after instructing the second policeman to watch the victim on the bench – and that when they came out of a separate room the DMO walked away, ignoring the victim’s request for treatment. At this point, by procedure, the victim should have been examined and admitted.
Kumarasinghe Appuhamy reportedly tried to resist the police efforts to take him to the police station by holding on to the bench with his right hand. The officers called for backup, and we are told that Officer Thilakaratne and five other policemen arrived at the hospital and tried to carry the victim out, using threats and strong language. One policeman promised to give him medicine at the police station. However the victim refused to let go of the bench leg. When some of the officers beat him, he shouted for help. A policeman reportedly twisted his left hand, causing one of the spectating hospital staff members to protest. The victim let go and was carried out to the car park, where he says he lost consciousness.
At the station Kumarasinghe Appuhamy was brought before the Officer in Charge. When he explained the assault, and his injuries he reports that the OIC responded that, if he were in the police station at the time he would have beaten him ‘until I shit.’ The OIC ordered that Kumarasinghe Appuhamy be detained in a cell.
He was able to take six pain killers when a relative, Ariyasinghe visited him, but was in too much pain to eat the food brought for him. The next day the OIC reportedly asked the victim whether he had recovered, and Kumarasinghe Appuhamy replied that he was still in pain.
At approximately 10am Officer Thilakaratne recorded Kumarasinghe Appuhamy’s statement, but asked for his signature without reading the statement to him or explaining it. An altercation followed in which the victim was taken in front of the OIC a number of times, but still refused to sign the statement until he knew the content. Citing false legal information, the OIC told Kumarasinghe Appuhamy that there is no Sri Lanka law to oblige an officer to read or explain a statement to a detainee. He allegedly showed the victim a law book to prove his point to the victim, and later to a small group of supporters who arrived from the society of Small Power Stations. This contradicts Section 110 (2) of the Criminal Procedure Code which clearly states: If the police officer; or inquirer asks any question in clarification such question and the answer given thereto shall be recorded in form of question and answer. Such record shall be shown or read to such person or if he does not understand the language in which it is written, it shall be interpreted to him in a language he understands and he shall be at liberty to explain or add to his statement.
The OIC claimed that he would initiate complaints against Kumarasinghe Appuhamy for his lack of cooperation, and could remand him for 14 days in the police station. He made a show of instructing a female officer to contact the magistrate with this information, and cited various cases in which other detainees had been in remand for years. The victim reports that his wife and two of his children were in hospital at the time, and he relented, signing the statement. The police released him, and instructed him to return to the station early the next day.
When Kumarasinghe Appuhamy appeared at the police station at 9am the next morning he was told that no case would be filed against him. Although he had taken medicine from Kolonna hospital early that morning his condition did not improve and on 5 May he went to the Ambilipitiya government hospital, told doctors there about the police assault and was admitted (to ward number 2) until 7 May. Before he was discharged the hospital police recorded a statement from him, and he was examined by the Judicial Medical Officer, according to procedure. He was given medicine for his head pain and a sprain in his left arm.
On 11 May Kumarasinghe Appuhamy’s complaint against the police at Kolonna station and the DMO of Kolonna District Hospital was accepted by the Assistant Superintendent of Police in Ambilipitiya, and his signature taken. He complained that his fundamental rights to safety and security had been breached, and that he had been assaulted and denied medication. He also made a written complaint to the Chief Justice, the Inspector General of Police, the Deputy Inspector General in Sabaragamuwa and the Senior Superintendent of Police in Ambilipitiya, though he has reported no actions relating to his case yet.
Local rights groups are concerned that an efficient investigation will not take place, due to the lack of funds and influence wielded by the victim, and the common lack of action taken by police officers regarding complaints against other police in such cases. It should be noted that bullying tactics – many of them illegal – are a common recourse in Sri Lankan police stations as demonstrated by many AHRC Urgent Appeals, among them, recently: A group of officers brutally assault a visitor to Polpithigama police station and A lawyer is ill treated in public by a senior police officer.
SUGGESTED ACTION:
Please write to the authorities listed below calling for them to ensure that a thorough, impartial investigation is conducted into this illegal arrest and assault, and into the general operation of the Kolonna Police. Please call for criminal action to be taken against those proven responsible, including the District Medical Officer at Kolonna District Hospital, for denying Kumarasinghe Appuham his legal and fundamental rights to health and security.
The AHRC has written to the UN Special Rapporteur on Torture, drawing his attention to this case.
To support this case, please click here: SEND APPEAL LETTER
SAMPLE LETTER
Dear __________,
SRI LANKA: A man is beaten by Kolonna police but denied a judicial remedy
Name of victim:
Karasinghe Arachchilage Kumarasinghe Appuhamy, 55, resident of Wijeriya, Kolonna; married with five children.
Alleged perpetrators:
1. Officer Thilakaratne and other police officers working at Panadura North Police Station, Panadura Division.
2. The DMO of the Kollonna government hospital
Date of incident: 30 April 2010
Place of incident: Kolonna
I am writing to voice my deep concern regarding the illegal arrest and assault of a man by Kolonna police, both in the police station and a nearby hospital. I consider the case – related here as told by the victim – to be a comprehensive illustration of the lack of discipline or accountability in many areas of the policing system in Sri Lanka, and a sign of the urgent need for immediate reforms. I hope that you will make use of the details of this case to initiate sweeping necessary actions.
I am told that K.A Kumarasinghe Appuhamy first went to the Kolonna police station at 9am on 30 April 2010 after he was summoned by police. He was told that a complaint had been made against him. The inquiry was by a policeman called Thilakaratne, dressed in civilian clothes, and it began at around 12noon. It was alleged that Mr. Kumarasinghe Appuhamy had stolen electricity from a private power station, and he responded that the complaint was false, and due to a personal dispute with someone in his community. However I am told that Thilakaratne continued to question him, slapped him across the face, then held him by the shirt collar and struck him twice to the head. The second blow knocked his head hard against the wall. Mr. Kumarasinghe Appuhamy was then detained in a cell inside the station, in a great deal of pain.
According to the report I have received, Officer Thilakaratne returned to the cell and, using abusive language, threatened to fabricate two charges against him. He instructed another policeman to take Mr. Kumarasinghe Appuhamy to the hospital and return with him afterwards. Two policemen took him to the Kolonna government hospital by trishaw and produced him in front of a doctor.
The victim was not allowed to privately or confidentially consult with the doctor, as is mandated. He explained the assault, but when the doctor recommended that he be admitted, the police officers allegedly claimed that the victim had lied. In line with procedure, the doctor referred Mr. Kumarasinghe Appuhamy to the District Medical Officer (DMO), and while waiting, the victim vomited.
When the DMO arrived to examine the victim and asked him whether he felt faint or had vomited, Mr. Kumarasinghe Appuhamy replied that he had, and when police contradicted him, he was able to show proof. He asked to be admitted to the hospital. However I am told that the DMO then spoke to one officer privately – after instructing the second policeman to watch the victim on the bench – and that when they came out of a separate room the DMO walked away, ignoring the victim’s request for treatment. At this point, by procedure, the victim should have been examined and admitted.
Mr. Kumarasinghe Appuhamy reportedly tried to resist the police efforts to take him to the police station by holding on to the bench with his right hand. The officers called for backup, and Officer Thilakaratne and five other policemen arrived at the hospital and tried to carry the victim out, using threats and strong language. One policeman promised to give him medicine at the police station. However the victim refused to let go of the bench leg. When some of the officers beat him, he shouted for help. A policeman reportedly twisted his left hand, causing one of the spectating hospital staff members to protest. The victim let go and was carried out to the car park, where he says he lost consciousness.
At the station Mr. Kumarasinghe Appuhamy was brought before the Officer in Charge. When he explained the assault, and his injuries he reports that the OIC responded that, if he were in the police station at the time he would have beaten him much more severely; he used crude language. The OIC ordered that Mr. Kumarasinghe Appuhamy be detained in a cell.
He was able to take six pain killers when a relative, Ariyasinghe visited him, but was in too much pain to eat the food brought for him. The next day the OIC reportedly asked the victim whether he had recovered, and Mr. Kumarasinghe Appuhamy replied that he was still in pain.
At approximately 10am Officer Thilakaratne recorded Mr. Kumarasinghe Appuhamy’s statement, but asked for his signature without reading the statement to him or explaining it. An altercation followed in which the victim was taken in front of the OIC a number of times, but still refused to sign the statement until he knew the content. Citing false legal information, the OIC told Kumarasinghe Appuhamy that there is no law to oblige an officer to read or explain a statement to a detainee. He allegedly showed the victim a law book to prove his point to the victim, and later to a small group of supporters who arrived from the society of Small Power Stations. As you may be aware, this contradicts Section 110 (2) of the Criminal Procedure Code which clearly states: If the police officer; or inquirer asks any question in clarification such question and the answer given thereto shall be recorded in form of question and answer. Such record shall be shown or read to such person or if he does not understand the language in which it is written, it shall be interpreted to him in a language he understands and he shall be at liberty to explain or add to his statement.
It raises numerous questions about the OIC’s competency, as do the following actions.
I am told that the OIC claimed that he would initiate complaints against Mr. Kumarasinghe Appuhamy for his lack of cooperation, and could remand him for 14 days in the police station. He made a show of instructing a female officer to contact the magistrate with this information, and cited various cases in which other detainees had been in remand for years. The victim reports that his wife and two of his children were in hospital at the time, and he relented, signing the statement. The police released him, and instructed him to return to the station early the next day.
When Mr. Kumarasinghe Appuhamy and a few of his supporters appeared at the police station at 9am the next morning he was told that no case would be filed against him.
He had taken medicine from Kolonna hospital but his condition did not improve and on 5 May he went to the Ambilipitiya government hospital, told doctors there about the police assault and was admitted (to ward number 2) until 7 May. Before he was discharged the hospital police recorded a statement from him, and he was examined by the Judicial Medical Officer, according to procedure. He was given medicine for his head pain and a sprain in his left arm.
I understand that on 11 May Mr. Kumarasinghe Appuhamy’s complaint against the police at Kolonna station and the DMO of Kolonna District Hospital was accepted by the Assistant Superintendent of Police in Ambilipitiya, and his signature taken. He complained that his fundamental rights to safety and security had been breached, and that he had been assaulted and denied medical treatment. He also made a written complaint to the Chief Justice, the Inspector General of Police, the Deputy Inspector General in Sabaragamuwa and the Senior Superintendent of Police in Ambilipitiya, though he has reported no actions relating to his case yet.
Local rights groups are concerned that an efficient investigation will not take place, due to the lack of funds and influence wielded by the victim, and the common lack of action taken by police officers regarding complaints against other police in such cases. It should be noted that bullying tactics – many of them illegal – are a common recourse in Sri Lankan police stations.
A thorough, impartial investigation is now necessary into this illegal arrest and assault, and into the general operation of the Kolonna Police.
I sincerely hope that you will take this opportunity to consider the need for greater reforms within the Sri Lankan police force. Please call for criminal action to be taken against those proven responsible, including the District Medical Officer at Kolonna District Hospital.
Yours sincerely,
———————–
PLEASE SEND YOUR LETTERS TO:
1. Mr. Mahinda Balasuriya
Inspector General of Police
New Secretariat
Colombo 1
SRI LANKA
Fax: +94 11 2 440440 / 327877
E-mail: igp@police.lk
2. Mr. Mohan Peiris
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)
