SRI LANKA: The Nikaweratiya Police use severe torture to extract a confession from an innocent man, then offer him a cup of tea; hospital staff proscribe paracetamol

Dear friends,

The Asian Human Rights Commission (AHRC) has received information that a father of three was arbitrarily picked up and tortured by police, first in a wood then at a police station, to force a confession of theft. They did not inform the family of his arrest and denied that he was being held at the station. After four days they pronounced him innocent, after which police and hospital staff have delayed and mishandled his treatment in a strategic manner. The case clearly shows the difficulties torture victims face when trying to get medical treatment and redress.

CASE DETAILS:

According to information received by Janasansadaya, a local NGO, Mr. Rankoth Pedige Wikrama Nimalsiri was arrested on his way to work on 14 July 2009. Sub-Inspector (SI) Ashoka and another officer of the Nikaweratiya police accused him of buying stolen property, and demanded a confession.

According to our reports, the two policemen cuffed Wickrama’s hands behind him, beat him and threw him into the police jeep, where they dipped cloth bundles filled with ground kohchi chilli into water and squeezed the chilli juice into his eyes, nose and ears, burning and blinding him. Afterwards he was taken from the van into a forest and strung up by his thumbs to a tree branch. He was beaten by the men for much of the day, until early evening. According to Wikrama, he could hear someone else being tortured nearby in the same manner.

At around 7:30pm he was taken to a building behind the Nikaweratiya police station, where the abuse continued until the next evening by seven officers: these included Sub-Inspectors Ashoka,  Jayantha  and Jayathilake. One of Wikrama’s shoulders dislocated and the police took him briefly to Nikaweratiya Hospital where it was reset by a doctor, before he was brought back to the station.

Meanwhile Wikrama’s family had been searching for him and had made complaints to the Putlam, Wanathavilluwa and the Nikaweratiya police stations, where officers denied that Wikrama having him in their custody. When Chandrika, his daughter, traced him there and met with the Officer-in-Charge (OIC) at Nikaweratiya, the OIC claimed that he was unable to keep track of who was being kept where, but instructed an officer to take them to the victim.

Chandrika found her father in a critical condition in a building behind the main station office. She reports that he was in severe pain, his body swollen and bruised, and that he was unable to move one arm. He was limping badly and his thumbs were particularly injured. She saw three other men in a similar condition.

At this point the OIC admitted that the police had been mistaken about Wikrama’s guilt; but claimed that they: ‘had to assault him to find out the truth. There is no other way. But your father denied it continuously and we now know that he is not connected with this crime’.

The officer assured the family that the injured man wouldn’t be produced in court, said that he couldn’t yet be released. He claimed that a statement was needed and that he couldn’t make such decisions himself, since he hadn’t been involved during the man’s arrest and torture. He eventually agreed that WIkrama could be released on the following day. Reportedly Officer Ashoka, the main perpetrator of the torture, then advised that Wikrama be taken for Ayurvedic homeopathic treatment and offered the victim a cup of tea.

An Ayurvedic physician examined Wikrama, diagnosing him with severe nerve damage and predicting lengthy treatment. The next day (19 July) Wikrama fell very ill but the police still denied the need to arrange medical treatment. On 20 July 2009 Wikrama’s family admitted him to Putlam Hospital, telling doctors about his torture. X-rays were taken but he was given only paracetamol until 23 July. The hospital police did not visit the victim as is customary, but sent word that he should visit them, though he found it difficult to walk. After this got covered by a local TV station, Sirasa, the Hospital Police decided to take a statement and Wikrama was transferred to the General Hospital of Colombo on 25 July, where he is now being treated in a neurology ward..

ADDITIONAL COMMENTS:

In 1994 Sri Lanka acceded the Convention Against Torture (CAT) and torture is also banned under Sri Lankan law, yet here again we see how entrenched and how common the use of torture is among police in Sri Lanka. The torture took place in the knowledge of at least seven others, it was brutal and creative. Details, such as its location in a forest and the use of chilli juice, make it clear that the role of police officers in Nikaweratiya has degenerated from that of law enforcer to basic thug. That no checks and balances are in place from superiors – who were openly reluctant to get involved – and that medical staff and police appear to protect those who commit torture, lays out just how large a problem it is in cities across the country. As does the comment from the Nikaweratiya OIC: ‘We had to assault him to find out the truth. There is no other way.’

SUGGESTED ACTION:

Please send letters to the authorities listed below condemning the conduct of the Nikaweratiya Police and demanding an immediate inquiry into their use of torture. Please also call for compensation and redress to be awarded to Rankoth Pedige Wikrama Nimalsiri and his family.

The AHRC is also sending a letter to the UN Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment regarding this case.

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