SRI LANKA: Man was severely tortured and falsely accused by the Pamunuwa Police 

Dear friends,

The Asian Human Rights Commission (AHRC) has received information that Mr. Don Prasanna Dilrukshana Aquinas Mallawaarachchi was falsely accused of having an extramarital affair and severely tortured by an Inspector of Police at the Mamunuwa Police Station. His mother and the lady he was accused of having the relationship with were also severely beaten in front of him. The Inspector then told his officers to plant drugs on both him and his mother so that they could charge him. At the time of writing the victim remains in the Ragama Teaching Hospital where he has made a report of the abuse he has suffered. This case is yet another illustration of the exceptional collapse of the rule of law in the country.

CASE NARRATIVE:

Mr. Don Prasanna Dilrukshana Aquinas Mallawaarachchi (22) of No: 721/S /3, 30th Lane, Pubudugama, Uswattakeiyawa in Pamunugama Police Division in Gampaha District is a bachelor and three wheeler driver by profession.

On 6 August, 2012 early morning, Prasanna received a telephone call from a person who he identified as a police officer attached to the Pamunugama Police Station who informed him that they needed Prasanna to appear before the police that day. Prassana went to the Pamunugama Police Station at 10.30am with his mother Kanugalawattage Prasida Nirmale Perera. When they entered the police station a police officer on duty started to shout at them using obscene language. Prasanna was accused of having an extra marital relationship with a married woman which he denied. Prior to entering the police station he observed that several people were also waiting there. He identified them as villagers, Ms. Nirasha, her mother Kumudu, her husband, her husband’s mother all residing at 6th Lane of Pubudugama in same village. Prasanna was aware that they had been living together out of wedlock for the past few days.

A few moments later Inspector of Police (IP) Priyantha approached them and also started to shout at Prasanna and her mother. He also accused Prasanna for having an extra marital relationship with a woman which again Prasanna denied. However, IP Priyantha continued to verbally abuse Prasanna and his mother. Then IP Priyantha called a lady called Nirasha who was also waiting at the station started to blame her. She was threatened and questioned as to whether she is having a relationship with Prasanna. She became frightened and was unable to answer.

Then IP Priyantha, after observing that Nirasha apparently refused to answer ordered a police officer to bring a cane. Accordingly the officer brought a cane from the inside of the police station which was about 3 feet long with a circumference of 3/4 of inches. IP Piyanath then started to beat Nirasha on her buttocks, back, hands and legs while threatening her with obscene language. Despite seeing this illegal abuse and torture by an officer of the state Nirasha’s husband and mother did not intervene.

IP Priyantha ordered Prasanna come to the scene and observed the way in which Nirasha was beaten. Prasanna told the officer, “Sir, do not hit her”. Upon hearing this IP Piyanath started to beat Prasanna about his head, face and other parts of his body with his fists.

As a result of beating and severe torture Nirasha fainted and fell to the floor. When Prasanna tried to lift her and seat her on a chair IP Piyanath kicked his waist at which Prasanna also fell to the floor. IP Priyantha then continued to beat and kick Prasanna brutally. Despite his pleading with the officer IP Priyantha did not stop. At the same time Prasanna observed that Nirasha fainted several times.

On observing her son being beaten by the police officer, Prasanna’s mother pleaded with the officer to stop. She told the officer that her son never had any relationship with that woman. Then IP Priyantha started to beat the mother with his fists before chasing her away from the place. Prasanna’s mother then tried to make a call to her younger son to inform him about incident but IP Piyanath ordered an officer to take away her phone. She was then prevented from leaving her by going away. In an attempt to save the phone she put it under her blouse but a female police officer put her hand inside her clothing and grabbed it from her. She then gave the phone to IP Piyanatha. IP Piyanath told a police officer, “You must do what I tell you. You must send them to the prison by putting 20 heroin packets each to two of them”.

Thereafter, Prasanna was released by the police officers and his mother brought him first to the home. However, as Prasanna fell ill during the night due to the torture and the wounds caused by torture his mother on the following day on 7 August took him to the Ragama Teaching Hospital where he was admitted for treatment. Then he had to make a statement to the Hospital Police Post at Teaching Hospital of Ragama explaining how he was severely tortured at the Pamunugama Police Station by the police officers including IP Piyanath. He is still undergoing treatment at the Ragama Hospital as in indoor patient in Ward No: 5 at bed No: 13.

Prasanna state that he has not committed any crime under the law of the country. He further states that he was forcefully arrested and detained at the police station. Further he was punished for a crime he has never committed and tortured in front of several people. He states that his fundamental rights guaranteed by the Constitution were violated by the police officers attached to the Pamunuwa Police Station. Prasanna further states that he still do not know whether police have filed a fabricated charge against him for possession of illegal drugs as they threatened to do so against him and his mother. He is presently in fear of facing illegal prosecution. No investigation has yet been initiated against the torturing and illegal arrest and detention in police custody. Prasanna seeks justice against the fundamental rights violations by the police officers.

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.

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