SRI LANKA: A man is severely assaulted by the Inginiyagala Police

Dear friends, 

The Asian Human Rights Commission (AHRC) has received information that Mr. Disanayaka Mudiyanselage Nandasena (29) of No: 1 B/107, Namal Oya, Ampara was illegally arrested and severely tortured by the police officers attached to the Inginiyagala Police Station on 4 April 2011. A team of policemen went to the village of Nandasena and brutally assaulted him and then arrested him. He was brought to the Ampara General Hospital but the police officers prevented the doctor from examining and treating Nandasana despite the fact that he was hemorrhaging with several injuries. Instead they obtained a document signed by another doctor and brought Nandasena back to the police station. The next day he was released on police bail. Nandasena was then admitted to the Ampara General Hospital and treated for two days. He complained to the Human Rights Commission of Sri Lanka (HRCSL) but still no investigation has been initiated. The police forced him to settle the matter and told him that they had paid the medical expenses. However, Nandasena is seeking justice against perpetrators. This case is yet another illustration of the exceptional collapse of the rule of law in the country and the abysmal state of the HRCSL. 

CASE NARRATIVE: 

According to the information the Asian Human Rights Commission received Mr. Disanayaka Mudiyanselage Nandasena (29) of No: 1 B/107, Namal Oya, Ampara, is a farmer by profession. 

On 4 April 2011 he was at Ambagahawela, Paragahakelle in the village along with a few other villagers. As it was the New Year celebration period several villagers were playing cards. At around 11pm several police officers including Police Constable (PC) Roshan, Police Sergeant (PS) Lal, Weerakoon , Chaminda, Karu of the Civil Defense Force all attached to the Inginiyagala Police Station arrived and started to brutally assault the persons in that place with batons. The victims of this assault suffered multiple injuries. Nandasena was among the injured. Then the police officers arrested Nandasena and six others and brought them to the police stations at about 2.00 a.m. Then they were detained in cells and later officers forced the detainees to sign documents those were not recorded from them. The content of the documents were not explained nor were they allowed to read them. 

Then police officers brought all the detainees to Ampara General Hospital at 3.00 am. The officers first went to a lady doctor who was on duty and talked privately. Then the detainees were produced but the doctors did not examine or talk to any of them. The detainees were made to wait two yards away from the doctor. Then Nandasena observed that doctor was signing several documents. Later police officers brought all the detainees back to the police station. Before they were taken back Nandasena pleaded with the doctor to give some medicine for his injuries as he suffered severe pain. But the doctor shown no interest and kept silent. Nandasena learned that doctor worked in connivance with the police officers. 

Then at 10.30am Nandasena relatives arrived to the police station and he was released after signing for a police bail. 

Nandasena made a complaint to the Sub Office of the Human Rights Commission at Ampara on the violation of his fundamental rights against the police officers in which he clearly mentioned the names of the perpetrators. 

Then as his condition was severe he was admitted to the Ampara General Hospital and doctor advised him to be admitted for further treatment. He was treated there for 2 days and discharged on 6 April 2011. 

While he was treated in the hospital two police officers of Inginiyagala Police Station came to him and suggested that they come to a settlement so that he would not to proceed against them. The officers told him that they were ready to pay for medical expenditures. But Nandasena refused. 

Nandasena seeks justice and protection. He is in fear of his life as he did not agree to the police officers to settle his complaint against them at the HRCSL. 

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 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. 

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