Dear friends,
The Asian Human Rights Commission (AHRC) has received information that a torture victim attempted to commit suicide due to the humiliation he suffered after being tortured by policemen attached to the Sigiriya Police Station on 13 May 2008. When he was released from police custody, the police warned him and his family about reporting the torture and further told them not to take him anywhere for medical attention.
CASE DETAILS: (Based on the testimony of the victim)
At 5:30pm on 13 May 2008, four officers from the Sigiriya Police Station went to the house of Maddumage Dharmadasa asking him whether he had been given money by a person called Premadasa. When he denied either knowing the said person or receiving money from him, the policemen took him to the station supposedly to obtain statement from him.
The following morning, after Dharmasasa had failed to return home, his wife and mother went to the Sigiriya Police Station looking for him. The two waited for almost an hour before being assisted. Eventually, one of the policemen, whom they recognised as one of those who had arrested Dharmadasa from their house, approached them and took them towards the back portion of their police station where the victim was being held. There, they found him lying on the ground and saw that he could not speak properly. The police officer told them that they had given him few slaps for not telling them the truth.
Meanwhile, despite experiencing difficulty in talking, Dharmadasa managed to tell his family members that the policemen had stripped off his clothes, hung him from the ceiling by his toes and had then beaten him with batons and rubber pipes all over his body. He further stated that they assaulted him twice in the same manner during the night.
Dharmadasa said that there were four officers of the Sigiriya Police Station, who were responsible for torturing him, but he only identified two of them, namely Sergeant Ekanayake and Ariyawansa. The two were wearing plain clothes. He further claimed that after having been beaten he was forced to sign a blank paper and had been warned against telling anyone about what had happened to him.
When they released Dharmadasa from their custody, the police officers told his family not to take him for medical treatment but to take him home directly. As they were frightened of what could happen to them if they did not follow the police orders, they took him home. However, when Dharmadasa’s condition worsened, they took him to a private hospital close to their house where the victim had obtained treatment.
With the fear and shame Dharmadasa had suffered following the incident, he took poison in an attempt to commit suicide. His life was saved but the extent of his injuries due to the poison could not be immediately ascertained. Soon after, he was then taken to Dambulla hospital where he was admitted in ward number 7.
Upon having been informed about the incident, local human rights groups had Dharmadasa transferred from Dambulla Hospital to the General Hospital of Matale for further treatment. While he was at the Matale Hospital some local activist had him presented to a Judicial Medical Officer (JMO) to get a Special Medical Certificate. The certificate is required for judicial proceedings in courts in filing complaints.
The incident of torture was brought to notice of the Human Rights Commission of Sri Lanka (HRCSL), the National Police Commission (NPC) and the Office of the Police Superintendent of Matale. The police superintendent’s office of Matale has likewise forwarded the complaint to the Dambulla Superintendent’s office. On May 23, the Dambulla office took up the case requiring a Special Medical Certificate for judicial action which was also provided.
Up until today, Dharmadasa has been not able to fully recover from the injuries he sustained from the torture by the police. Though his bruises have already healed, he remains unable to move his arms and legs normally as before. His injuries have also left him unable to do any work. Dharmadasa has also yet to receive further medical treatment.
SUGGESTED ACTION:
Please write to the concerned authorities of Sri Lanka to commence immediate investigation regarding this case of arbitrary arrest and torture of the victim while in their custody. Please urge them to ensure the alleged perpetrators, particularly the four policemen whom the victim had identified, are held to account. Appropriate medical attention and rehabilitation should also be afforded to him.
The AHRC has also written a separate letter to the Special Rapporteur on question of torture requesting for his immediate intervention.
To support this case, please click here: SEND APPEAL LETTER
SAMPLE LETTER
Dear _________,
SRI LANKA: Torture victim attempts suicide due to humiliation
Name of victim: Mr. Maddumage Dharmadasa, 45 years old; a labourer; a resident of 100/100 Walivalayaya, Inamaluwa
Name of alleged perpetrators:
1. Mr. Ekanayaka, police sergeant
2. Mr. Ariyawansa, police sergeant
3. Two other police officers
All of them are attached to the Sigiriya Police Station, Matale Division, District II, Central Range (West)
Date of incident: From 13 to 14 May 2008
Place of incident: At the Sigiriya Police Station
I am writing to voice my deep concern regarding the arbitrary arrest, detention and torture of Mr. Maddumage Dharmadasa allegedly by Sergeants Ekanayake and Mr. Ariyawansa and two other police officers attached to the Sigiriya Police Station. I am shocked to learn that the victim had attempted to commit suicide because of humiliation and that he could no longer move his legs and arms as before due to severity of injuries he had suffered.
According to the information I have received, four officers of the Sigiriya police station took Mr. Maddumage Dharmadasa at 5:30pm on 13 May 2008 to question him whether one Mr. Premadasa had given him any money or not. When he denied neither knowing the person nor receiving money from him, they had him severely tortured inside their police station. They hang him by his toe unto a bar and beaten all over his body with batons and rubber tubes. The policemen too allegedly stripped off Dharmadasa’s clothes and continuously beat him while naked in such position.
When he was not able to return home that night, his wife and his mother went to the police station the following morning, May 14. After waiting outside the police station for about an hour, a police officer took them towards the back of the police station where they saw Dharmadasa lying on the ground. He could no longer speak properly. Dharmadasa’s wife and mother were told by the police though that he had been given few slaps for not telling the truth.
I have been informed that the policemen had tortured the victim twice in the same manner at that night. Four plain clothed police officers, two of them were identified by him as Sergeant Mr. Ekanayake and Mr. Ariyawansa, as amongst those responsible in torturing him. The police had also forced him into signing a blank paper and warned him not to disclose the incident to anyone.
I have heard that when Dharmadasa was released from the police officers custody, his family was likewise warned by them from taking him elsewhere, which could have meant of taking the victim to hospital for medication, but straight to his home. As a result of fear of further harassment by the police, his family took him home directly but when his condition had deteriorated, they nevertheless took to a private hospital close to their house where he obtain treatment.
I have also learned that because of humiliation and severity of his injuries after having been tortured by the police, Dharmadasa had attempted to commit suicide by taking poison but his life had been saved. He was then taken to the Dambulla Hospital, and was later transferred to another hospital, the General Hospital of Matale, where he had received further treatment. I have been informed that a Special Medical Certificate had already been issued by a Judicial Medical Officer (JMO) which was also provided to the Dambulla Police Station for their appropriate legal action.
In light of this information, I urge you to ensure that a thorough investigation is immediately conducted into the victim’s case. The perpetrators, particularly police sergeants Ekanayaka and Ariyawansa and the two other police officer must be held to account for torturing the victim.
I also ask you to ensure that adequate compensation and medical treatment should be afforded to the victim as he requires. The concerned authorities must also consider providing him necessary protection from any further harm that is likely to be taken upon him once he pursues his case.
I trust that you will take immediate action into this matter.
Yours sincerely,
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PLEASE SEND YOUR LETTERS TO:
1. Mr. Mahinda Rajapakse
President
Socialist Democratic Republic of Sri Lanka
C/- Office of the President
Temple Trees
150, Galle Road
Colombo 3
SRI LANKA
Fax: +94 11 2472100 / +94 11 2446657
E-mail: secretary@presidentsoffice.lk
2. Mr. Ratnasiri Wickremanayake
Prime Minister
Temple Trees
Galle Road, Colombo 03
SRI LANKA
Fax: +94 11 2 575454
Tel: +94 11 2 575317-8 or 370 737-8
3. Mr. Amarasiri Dodangoda, MP
Minister of Justice
Ministry of Justice and Law Reforms
Superior Courts Complex,
Colombo 12
Fax: 94 11 2325354 / 2445446
Tel: 94 11 2384837, 2324681, 2392932
4. Mr. Rohitha Bogollagama, MP
Minister of Foreign Affairs
Mnistry of Foreign Affairs
Republic Building, Colombo 01,
Sri Lanka
Fax: +94-11-2446091
Tel: +94-11-2325371 / 5
E-mail: publicity@formin.gov.lk
5. The Secretary
Ministry of Defence, Public Security, Law and Order
15/5, Baladaksha Mawatha,
Colombo 03,
SRI LANKA
Fax: 94 11 2 446300 or 421529
Tel: 94-11 2 430860-9, 430878-9 or 435879 (for the secretary)
E-mail: secdef@sltnet.lk
6. Mr. Victor Perera
Inspector General of Police
New Secretariat
Colombo 1
SRI LANKA
Fax: +94 11 2 440440/327877
E-mail: igp@police.lk
7. Mr. Neville Piyadigama
Chairperson
National Police Commission
3rd Floor, Rotunda Towers,
109 Galle Road
Colombo 03
SRI LANKA
Fax: +94 11 2 395867
Tel: +94 11 2 395310
E-mail: npcgen@sltnet.lk
8. The Secretary
Human Rights Commission of Sri Lanka
No. 36, Kynsey Road
Colombo 8
SRI LANKA
Fax: +94 11 2 694 924 / 696 470
Tel: +94 11 2 694 925 / 673 806
E-mail: sechrc@sltnet.lk
Thank you.
Urgent Appeals Programme
Asian Human Rights Commission (ua@ahrchk.org)
