Dear friends,
The Asian Human Rights Commission (AHRC) has learned that a man was illegally arrested in Kalutara by Baduraliya police, and tortured severely in the police barracks to force a confession. Police used the ‘Dharma Chakra’ technique of suspending the handcuffed man on a pole that was inserted into the crooks of his bound knees and elbows. Although charges have now been filed against him, no investigation into his allegations of torture has taken place, despite his injuries and his time in hospital.
CASE NARRATIVE:
According to information received by the victim, Seelawansha Hitihamilage Don Samantha Priyalal, 38, was arrested close to his home at around 10:45am on 29 June 2010, while in the house of an acquaintance in Gnanathissa Udakala Village, Hadigalle, Gurulubadda.
We are told that three officers from Baduraliya police station arrived in a three wheeler vehicle including police constable (PC) 29027 and a Sergeant Gunaratne, who was in plain clothes. The officers arrested Priyalal with the resident of the house, Susil Banduthilaka, and another man called Priyantha, yet reportedly did not give the reason or grounds for their arrest as legally required.
The men were taken to Baduraliya Police Station in three wheeled vehicles. PC 29027 and another officer took Priyalal to a room in the back portion of the police station, which is used by the officers for sleeping. According to the Priyalal he was then undressed, his handcuffed hands were placed between his legs and a large pole (a Mol Gaha) was used to lift him off the ground and suspend him; each end was supported by a cupboard. Priyalal reports that he was beaten while suspended, naked, for approximately 30 minutes, with the beating led by PC29027. He was told to confess to breaking into a house and stealing gold jewelry.
After he was released onto the ground for a short period officers also beat the soles of his feet with sticks. They then allegedly left him handcuffed to a bed for the rest of the night.
We are told that at around 7.30am the next day Priyalal was place in a police cell, where relatives were able to visit him. They told him that when they and a lawyer, Chandana Kuruppuarachchi, had tried to visit the previous day but the police had denied that Priyalal was in custody. Priyalal told them that he had been tortured by particular officers.
At around 10.30am his elder brother, a Buddhist monk called Hadigalle Vimalasara, joined his elder sister and wife at the station. They could see that Priyalal’s legs had swollen painfully and that he found it hard to move, so at the request of Vimalasara, the Inspector of the police station, Damith Jayathilaka, allowed officers to take the victim to the Government Hospital of Baduraliya. The doctor there saw Priyalal’s condition and refused to treat him, telling them that such a case should be taken to the larger hospital in Nagoda. The police put the victim back in a cell at the station, untreated, and at noon they gave him a statement to sign, but refused to explain its content.
We are told that the victim was then taken to the judicial medical office in the General Hospital of Nagoda, but that police officers requested a private meeting with the JMO beforehand. Priyalal then related his experience of torture and showed the doctor his swollen legs, but he claims that the JMO – named Hemantha – did not examine him.
At 4pm that day Priyalal was produced before a magistrate in his chambers at Mathugama, and a case number B/60104/10 was assigned. Though Priyalal pleaded not guilty to theft, he says that he was not given the chance to tell the judge about his torture. He was granted personal surety bail (Rs. 100,000). On his way home a few police officers told him to join them in their vehicle. He refused and returned home by bus.
Priyal checked in to the General Hospital of Nagoda again, and was on a ward until 2 July, causing him to miss his court appearance. He was represented there by his lawyer. A statement was recorded by hospital police and he was properly examined by a different judicial medical officer.
The victim was later told that police only admitted to having arrested him after his brother Vimalasara contacted the minister of the western provincial council, Udaya Gammanpila, who intervened. Priyalal was also informed that the complaint against him had been filed by a Saman Jayasinghe of Gurulubadda in Hadigallegama, who we are told is a relative of a policeman at Baduraliya station.
SUGGESTED ACTION:
Please write to the authorities listed below requesting an immediate investigation into the allegations of torture made by the victim, and the prosecution of those proven to be responsible under the Anti Torture Act of 1994. The officers involved must also be subjected to internal investigations for the breach of the department orders as issued by the police department.
The AHRC has also sent this case to the UN Special Rapportuer on the question of torture requesting his intervention.
To support this case, please click here: SEND APPEAL LETTER
SAMPLE LETTER
Dear __________,
SRI LANKA: Baduraliya police illegally arrest and torture a man
Name of victim: Seelawansha Hitihamilage Don Samantha Priyalal, 38; resident of Hadigalla, Gurubedda, Kalutara
Name of alleged perpetrators: Police Constable No. 29027,
Sergeant Gunaratne and at least one other officer of Baduraliya Police Station, Kalutara Division.
Date of incident: 29 June 2010
Place of incident: Baduraliya Police Station, Kalutara Division, Western Province (South) Range.
I am writing to voice my deep concern regarding the illegal arrest and torture of a man by Baduraliya police in the station barracks. Charges have now been filed against him, yet no investigation into his allegations of torture have taken place, despite his injuries, for which he was hospitalized.
According to information received by the victim, Mr. Priyalal, 38, was arrested close to home at around 10:45am on 29 June 2010, in the house of an acquaintance in Gnanathissa Udakala Village, Hadigalle, Gurulubadda by three officers, among them PC 29027 and a Sergeant Gunaratne, who was in plain clothes. They arrested Mr. Priyalal with the resident of the house, Susil Banduthilaka and another man called Priyantha, reportedly without giving the reason for their arrest, as legally required.
I understand that at Baduraliya Police Station PC 29027 and another officer took Mr. Priyalal to a room that the officers use for sleeping, in the back portion of the police station, where he was undressed. His handcuffed hands were placed between his legs and a large pole was used to lift him off the ground and suspend him, which is known locally as the ‘Dharma Chakra’ torture technique; each end was supported by a cupboard. Mr. Priyalal reports that he was beaten while suspended, naked, for approximately 30 minutes, led by PC29027. He was told to confess to breaking into a house and stealing gold jewelry. When he was released onto the ground period, the officers beat the soles of his feet with sticks. They then left him handcuffed to a bed for the whole night.
I am told that the next day at around 7.30am Mr. Priyalal was place in a police cell and relatives were able to visit him. However when they had tried to visit the day before, along with a lawyer, they claim that the police had denied that he was in custody. Mr. Priyalal told them that he had been tortured by particular officers and they were able to see that Mr. Priyalal’s legs had swollen painfully, and that he found it hard to move. At the request of the victim’s brother, Hadigalle Vimalasara, a Buddhist monk. IP Damith Jayathilaka instructed officers to take the victim to the Government Hospital of Baduraliya. The doctor there saw Mr. Priyalal’s condition and told them that such a case should be taken to the larger hospital in Nagoda, and the police put the victim back in a cell at the station, untreated. At noon they gave him a statement to sign, but refused to explain its content.
I am told that the victim was then taken to visit the judicial medical office in the General Hospital of Nagoda, but that police officers requested a private meeting with the JMO in his office beforehand. Mr. Priyalal then related his experience of torture and showed the doctor his swollen legs, but claims that the JMO – named Hemantha – did not examine him.
Mr. Priyalal was produced before a magistrate in Mathugama at 4pm that day in the magistrate’s chambers, and the case number B/60104/10 was assigned. Though Mr. Priyalal pleaded not guilty, he says that he was not given the chance to tell the judge about his torture. He was granted personal surety bail (Rs. 100,000). On his way home police officers asked him to join them in their vehicle and he refused, returning home by bus.
In Baduraliya his by bus his relatives took him to meet attorney Chandana Kuruppuarachchi, who says that he was denied access to Mr. Priyalal at the police station. Mr. Priyalal then checked in to the General Hospital of Nagoda again, where he was warded until 2 July, causing him to miss his court appearance. He was represented there by his lawyer. A statement was recorded by hospital police and he was properly examined by another judicial medical officer.
The victim was later told that police only admitted to his arrest after his brother, Vimalasara contacted the minister of Western provincial council, Udaya Gammanpila, who intervened. Mr. Priyalal was also informed that the complaint against him had been filed by a Saman Jayasinghe of Gurulubadda, Hadigallegama, who we are told is related to a policeman in Baduraliya.
Please act in your official capacity to ensure the launch of an immediate investigation into the allegations of torture made by the victim, and the prosecution of those proven to be responsible under the Anti Torture Act of 1994. The officers involved must also be subjected to internal investigations for the breach of the department orders as issued by the police department.
Yours sincerely,
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PLEASE SEND YOUR LETTERS TO:
Mr. Mahinda Balasuriya
Inspector General of Police
New Secretariat
Colombo 1
SRI LANKA
Fax: +94 11 2 440440 / 327877
E-mail: igp@police.lk
Mr. Mohan Peiris
Attorney General
Attorney General’s Department
Colombo 12
SRI LANKA
Fax: +94 11 2 436421
E-mail: ag@attorneygeneral.gov.lk
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
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
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Thank you.
Urgent Appeals Programme
Asian Human Rights Commission (ua@ahrchk.org)
