SRI LANKA: An innocent man was illegally arrested, tortured and laid with fabricated charges by the Bandaragama Police 

Dear friends,

The Asian Human Rights Commission (AHRC) has received information that Mr. Gallalagama Arachchige Thilanka Niroshan Gamaarachchi of Bandaragama in the Kalutara District was illegally arrested, detained and tortured by officers of the Bandaragama Police Station. Although he has presented his case to the Assistant Superintendent of Police (ASP) of Horana the only action that has been taken is that they have submitted his complaint to a mediation board for their action. Thilanka believes that this is being done because the police wanted to protect the culpable officers.

CASE NARRATIVE:

Mr. Gallalagama Arachchige Thilanka Niroshan Gamaarachchi (27) resides at No: 8/2, Kothalawala Road, Kolamadiriya, Bandaragama in the Kalutara District and is a Marketing Officer by profession.

On 16 May 2012 at 8.45pm Thilanka received a call on his mobile informing him that his brother had been arrested by a team of police officers and that he was requested to come to the Kolamadiriya Temple to help his brother. The caller identified himself as Damith Dushmantha. When Thilanka received the call he was with his mother and one of the sisters of his mother. Along with these two ladies Thilanka went to a location near to the Kolamadiriya Temple. He saw that his brother, apparently under arrest and sitting on the rear seat inside a police jeep. Thilanka approached the police officers at the scene and respectfully asked them the reason for the arrest of his brother. Without saying a word the police officer, later identified as Police Sergeant Sarath Perera attached to the Bandaragama Police Station, slapped Thinka several times and started to beat him with fist about his face and head. Then Sergeant Perera ordered Thilanka to get into the police jeep. Thilanka was in great pain and told the police officers that he has not committed any crime and that he only questioned the reason for arrest of his brother. Sergeant Perera shouted at Thilanka using obscene language. The police officers then brought Thilanka along with his brother to the Bandaragama Police Station while Sergeant Perera followed on a motor bike. At the police station Sergeant Perera observing that Thilanka was sitting on the bench in the compound, ordered an officer who was in duty to lock him in the cell.

Then next morning at 6 am of 17 June Thilanka was brought out from the police cell and a statement was recorded from him, following which he was returned to the cell. Later that day at 2 pm Thilanka and his brother were brought to the Magistrate’s Court of Horana and produced before the Magistrate. When the case was called police officers informed the Magistrate that they had arrested the brothers only on suspicion. The Magistrate then released Thilanka on bail and the only condition was that he was ordered to appear before the court on 19 June.

Thilanka went home but as he was suffering from the pain of injuries received as a result of the torture he went to the Bandaragama Government Hospital. After examining him the doctor advised him to be admitted for treatment. Thilanka remained in the hospital for two days and was discharged on the morning of 19 June. Then Thilaka went to the Magistrate’s Court of Horana where the Magistrate ordered a bail of Rs. 2500.00. Thilanka complied with the bail condition and left the court. The Magistrate postponed the case as the police wanted to have further time to investigate the case.

Earlier that day when Thilanka was discharged from the hospital the authorities advised him to obtain a Medico Legal Examination Form (MLEF) from the Bandaragama Police Station. Thilanka collected the form from the police station and handed over to the hospital. Later the same day Thilanka made a complaint to the Assistant Superintendent of Police (ASP) of Horana regarding his illegal arrest, torture and the filling of fabricated chargers against him by the police officers attached to the Bandaragama Police Station.

The following day on 20 June he was summoned to the Bandaragama Police Station and informed that the police had decided to hand matter over to the Mediation Board and that he was to proceed there. They further informed him that he has to appear before the Mediation Board on 23 June, 2012.

Thilanka states that police officers illegally arrested, detained, tortured and filed fabricated charges against him. He further states that police directed this case to the Mediation Board for a settlement which is illegal under the law of the country as torture cannot be settled by the Mediation Board and that this is being done because the police wanted to protect the culpable officers. Thilanka states that justice has been denied to him. He seeks an impartial, transparent and prompt investigation into his case.

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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