SRI LANKA: An innocent man was illegally arrested, tortured and forced to pay money to expedite his release 

Dear friends,

The Asian Human Rights Commission (AHRC) has received information that when Mr. Dadallage Ajith Kusumsiri (38) of No.113/1, ‘Sriya Niwasa’, Kandakatiya Aluth Para, Ratmalwala, Tangalle in Hambantota District attempted to make a complaint against threats and intimidation he found himself becoming the victim. He was tortured and forced to pay a bribe by the officers of the Angunapalassa Police Station in order to expedite his release. This case is yet another illustration of the exceptional collapse of the rule of law in the country.

CASE NARRATIVE:

Mr. Dadallage Ajith Kusumsiri (38) of No.113/1, Sriya Niwasa, Kandakatiya Aluth Para, Ratmalwala,Tangalla in Hambantota District is married and the father of one child. He is labourer and works in the bricks making industry in the area.

On the 6 July 2012, at about 5.30am in the morning one Shantha living in the village of Kailawelpotawa, came to Ajith’s house and asked him whether anyone gave him a water pump. Ajith said no.

He argued with Ajith and then left the place. Again at about 8.00 am same day, he came with another two or three persons carrying wooden poles and threatened Ajith. Then and there Ajith telephoned Police Emergency Unit 119 and made a complaint. Shantha and his companions then left. After some time they came again and threatened Ajith.

At about 1.30pm in the afternoon, two police officers from Middeniya Police Station arrived at Ajith’s house. On their instructions Ajith went to Middeneiya Police Station and lodged complaint regarding the incident.

Following day, 8 July 2012, Ajith went to the police to face the inquiry, the above mentioned Shantha too was there. Shantha admitted his fault, and the case was solved. Shantha was asked to leave the police station but Ajith was asked to remain as two officers from Angunapalassa, would come to take down a statement from him. At about 10.30 am Officer in Charge (OIC) and two sergeants from Angunapalassa Police Station arrived and arrested him. When he asked for the reason for arresting him the OIC said that “You will know when you go to the police station”. Then they made Ajith sit on the floor of the jeep and pushed his head under the seat. Then they took him to Angunukolapalassa Police Station where they brought Ajith to the office of the OIC. Then Ajith noted that Shantha too was there. The OIC asked Ajith that “Some time back you blamed some innocent persons of robbing your house?” He further told that “Your case will be on the 31 of this month”. He further questioned that “Whom do you think will go inside?” Ajith replied that “Kuruvita Ruwan”. That was due to the police investigation and according to the information that police officers informed him before. Then the OIC said “Not Kuruvita Ruwan, you will go to jail”. Then the OIC started to slap Ajith across the mouth three or four times breaking three teeth. The OIC further asked Shantha “What did this fellow rob from you?” Then Shantha said “Goods worth of about three hundred thousand”. Then Ajith told the OIC that “Shantha is lying, this morning there was an inquiry at the Middeniya Police Station, there Shantha admitted his fault and the case was settled”. But the OIC was not ready to listen to Ajith but continued assaulting him. Then Ajith fainted. When he came back to his senses he found himself inside a cell and in darkness.

After some time two police sergeants whom Ajith noted were clearly intoxicated, came to the cell and tied Ajith’s hands with a rope and tried to hang him. They then removed all his belongings which they took into custody. That moment one police officer who lives in Ajith’s village named Ranasinghe came to the scene and shouted at the police officer and told that “Don’t hang him” and rescued him. He gave Ajith some water to drink and poured water over his body too. Ajith did not know either the full name of officer Ranasinghe or the names of the two sergeants. Then the OIC asked Ajith whether he knows of a lonely house at Kailawalpotawa. When Ajith replied that he did not. Then the OIC said to the two sergeants “Release this fucker”. Then the two sergeants took him out of the cell and made him sit on a chair and told “We are going to file a case against you accusing you of possessing two kilogram of ganja (Cannabis) and also accusing you that that you are selling ganja through your 17year old son”. Then Ajith pleaded the officer not to drag his son to this matter. Then he asked him if he had any money then they can consider releasing him. They further told that “If you have money we can save you”. They further told that “We will charge you for some ganja and you can pay about Rs.2,000.00 as a fine and get away free”.

Then Ajith told him that “Do not send me to jail, I will give you some money”. Then he demanded Rs.15,000.00 but Ajith told him, “I do not have that amount of money. I can give about Rs.12,000.00”. Then he agreed to that. Then he took Rs. 200.00 from Ajith’s wallet and put in some ganja and made a false charge, and then he told Ajith that “When you go in front of the Magistrate don’t say we assaulted you .If you ever reveal it to anyone you will not come out. When you are produced before the Magistrate you should plead guilty”. Ajith agreed to all as he was in fear of further torture. At any time Ajith was not handed over any of the things which were with him at the time of arrest.

On the 9 of July, at about 3pm Ajith was presented at Angunapalassa Magistrate’s Courts there he pleaded guilty and he was fined Rs.2000.00. Even at that time Ajith’s “PET” card (ATM card issued by the People’s Bank of Sri Lanka) and the mobile phone were with the sergeant. After Ajith coming out of court compound one of the sergeants who tortured him approached him and took him to the Branch of the People’s Bank at the town and gave his “PET” card and the mobile phone back. Then he was forced to withdraw Rs.12000.00and give it to the sergeant. Out of fear he complied.

On 10 of July, Ajith went to Middeniya Police Station to make a complaint regarding the incident. But the officers on duty did not record the complaint. Ajith informed them that he want to make a complaint about the assault and the fabrication chargers of filing a case for illegally possession ganja.
Again on the same day Ajith went to the office of Namal Rajapakse the Member of Parliament of the District of Hambantota at Beliatta and made a complaint.

All those complaints were in vain. Ajith was so depressed and in pain of mind, on the 13 July 2012, at about 7.30am in the morning he climbed on to the roof of Middeniya Bus Stand and started a peaceful “Fast unto to death” demonstration. At about 8.30am Superintendent of Police (SP), of Tangalle, Balagalle and officer, Mr. Mahesh from the coordinating office of MP Namal Rajapakse, arrived at the scene and discussed with Ajith. They promised to hold an inquiry, and do justice. On their assurance Ajith decided to give up the fast.

Later Ajith complained to Human Rights Commission of Sri Lanka (HRCSL) regarding his violation of rights. On the 10 of July 2012 made a verbal complaint at Middeniya Police Station. On the 18 of July 2012, written complaints were sent to Inspector General of Police (IGP), Deputy Inspector General of Police (DIG) Southern Province, National Police Commission (NPC) and Attorney General (AG).

But the authorities concern fails to show him justice. Ajith states that all he can do is start another “Fast unto Death”. He further said that most probably it would be in front of President’s private residence, ‘Carlton’ at Thangalle.

He states that none of the law enforcement agencies in the country have provided justice for the violation of his rights.

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, filling fabricated chargers and taking bribery forcefully 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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