SRI LANKA: A man was illegally arrested, detained, tortured and refused medical treatment by the Ahangama Police

Dear friends,

The Asian Human Rights Commission (AHRC) has received information that police officers attached to the Ahangama Police Station have illegally arrested, detained and tortured a civilian. Later the police refused to provide necessary urgent medical treatment. After the victim sought justice by filling a fundamental rights application at the Human Rights Commission he and the other witness were threaten. The case is yet another illustration of the exceptional collapse of the rule of law in the country.

 

CASE NARRATIVE:

According to the information we have received Mr. Ganegoda Sinhage Haritha Lakmal (30) of No. 590/2A, Middle Gate Upper Road, Addunkelle Watte, Ahangama was illegally arrested and arbitrarily detained and seriously tortured by the police officers attached to the police station of Ahangama on 26 May 2010.

Lakmal is a fisherman by profession. On 26 May his grandmother A B Gunawathee came to him and complained that her second daughter (the younger sister of Lakmal’s mother) had borrowed a sum of Rs. 30,000/=. When the grandmother required eye surgery she asked for Rs. 5,000/= out of entire amount to spend for pay for it. However the borrower refused to pay anything back. The grandmother has been ill and suffering from vision ailments for some time. The doctors advised her to undergo surgery to insert lenses into her eyes. As her younger daughter refused to pay her money she asked Lakmal to intervene and get her money back.

Then on the same day at around 7.20pm Lakmal went to the home of his mother’s younger sister at Kanaththage Watte, Ahangama and requested her to hand over Rs. 5,000/= to her mother. She told Lakmal that there was no need for him to intervene and that is was a matter between her and her mother. There was an exchange of words and suddenly her husband Mr. Sirisena intervened and told Lakmal that he would assault him with acid unless he left the place. Sirisena left a little while later.

Within a few minutes at around 7.45 pm a police vehicle arrived. Lakmal observed that Sub Inspector (SI) Nelumdeniya and three officers in civilian clothes were also there. One officer in civilian clothes was Police Constable (PC) Aruna Shantha. Lakmal can identify the other two officers if he sees them again.

Two of the officers including PC Aruna Shantha approached Lakmal and without saying anything ceased his hands and arms. Then SI Nelumdeniya grabbed him by the hair demanding to know if he was a thug in the area. He then kneed Lakmal in the stomach forcefully around 3 to 4 times following which Lakmal fell to the floor in pain. He pleaded with the officers not to assault him any further but PC Aruna Shantha and the other officer started to kick his face, head, and body. Then SI Nelumdeniya asked the other officers to pick him up and make him do some exercises but which he was not able to do.

Lakmal’s mother’s sister observed this and then pleaded with the officers not to assault him any further. However, SI Nelumdeniya blamed for the incident and told that they were doing their job in their own way. Then he ordered two officers to take Lakmal into the vehicle. They lifted him and brought him to the Ahangama Police Station. During the journey Lakmal continuously screamed in pain but SI Nelumdeniya simply told him to be silent. Furthermore SI Nelumdeniya told Lakmal that the police are licensed thugs.

They forcefully threw Lakmal into the police cell where he repeatedly asked for medical assistance. SI Nelumdeniya together with PC Aruna Shantha and one other officer came to see the Lakmal’s condition following which the SI ordered the other officers to bathe him. Then they took the toilet bucket of the cell and poured four buckets of water over Lakmal’s head.

Lakmal continued to cry out in pain and ask for medical treatment until 4 am when SI Nelumdeniya together with two other officers took him to the Gonagalla Government Hospital by a police cab. During this journey SI Nelumdiniya threatened Lakmal that he would be given more hard times if he revealed to the doctors that he had been tortured at the hand of the police.

However, when the doctor asked him how he received the injuries Lakmal explained how he was tortured by the police. The doctor examined him and told the police officers that Lakmal should be admitted to the hospital due to the seriousness of the illness. Then the officers told the doctor that as Lakmal was a hardcore criminal they could not admit him for treatment. The doctor treated Lakmal with an injection and a few tablets and asked him to stay in his room for observation. However, Lakmal was still in considerable pain and started screaming. After 30 minutes the doctor again told the officers that Lakmal’s condition was serious and he needed to be admitted to the hospital and then transferred to the Teaching Hospital of Karapitiya for further treatment. Once again the officers refused saying that Lakmal was a hardcore criminal. The doctor told them that if they wanted to take Lakmal back to the police station then they would have to sign a hospital document that they are taking the patient against the advice of the doctors. The officers did so and took Lakmal back to the police station.

After Lakmal was taken back to the police station SI Nelumdeniya forced him to put his signature into a blank paper in the police book. Lakmal signed the paper due to fear. Then around 5.45 am on the same day one of Lakmal’s relatives, Mr. Indunil Nishantha came to the police station to visit him. The police officers told Nishantha to take Lakmal as soon as possible to Karapitiya Teaching Hospital and admit for the treatment. He told the officers that he was ready to sign any document in the station in order to get bail to take Lakmal out from the station to admit him to the hospital however, the officers told him that there was no need to sign any but to admit him to the hospital as soon as possible. Then Nishantha took Lakmal to the hospital by a three wheeler.

Just after he was admitted to the hospital around 7-7.10am the doctors subjected him for several examinations including an abdominal scan. Then immediately he was taken to the surgical theater where he underwent an hour-long surgery. Subsequently he was brought to ward number 5 and bed number 17 at around 1.30pm.

When he regained consciousness the senior doctor who did the surgery came to observe Lakmal and told him that if there had been a delay of just one more hour he would have died as he was in such critical condition at the time of admission.

Lakmal learned that on 29 May, his grandmother and his wife have met Deputy Inspector General (DIG) of the Southern Province and complained to him about what had happened to Lakmal. The DIG gave them a special letter to be given the Officer-in-Charge (OIC) of the station and emphasised that the letter should be given only to the OIC and not to the lower ranking officers.

On 30 May, they duly met OIC Widyarathne and handed over the letter. Then he told these two women not to worry about anything as they are paying all the expenses for medical treatments. Further he provided a three wheeler for them to go to the home as well.

On or around the 31 May the OIC came to the hospital to visit Lakmal and informed him that a big mistake had been made by the police officers. Then he went to talk to the two relatives who came to visit Lakmal and told them that his illness is due to an ailment he had been suffering for a long time.

Lakmal was treated in the hospital for a period of 13 days and discharged on 8 June. Then again he was admitted to the hospital for further treatment on 18 June. He was treated for two days again and discharged on 19 June. When he was discharge he was warned by the doctors he should not lift any heavy items for the period of one year. From then on once in every two days he had to go to the hospital for treatment for a further three weeks.

Meanwhile on 19 June the OIC of the Ahangama Police Station, Mr. Chandrakumara of the criminal branch of the station and officers Upul Shantha came to Lakmal’s home and told him that a big mistake had been made by the officers of the police station and that he should not take any action against them. Further they told that they could arrive at a reasonable mediation with him. For that he was asked to come to the police station on 20 June. However, Lakmal was not able to go the station on that day as he was not in a position to move.

Then around 11am of 22 June officer Chandrakumara again came to Lakmal’s home and informed him not to indentify PC Aruna Shantha at the identification parade and promised to pay Rs. 200,000/=.

On 25 May, PC Aruna Shantha and officer Mr. Dahanayaka came to Lakmal’s home with Mr. Sujee of Induranwila, a well known illegal drug dealer of the area in a three wheeler belong to him and informed Lakmal that this matter can be settled and police were going to pay compensation and asked him to not to proceed with any case.

Due to the continued harassment of the police Lakmal left his home on 26 June and went to stay at his aunt’s house at Matara. Then on 27 June a telephone call came to his mobile which is 077 0792873 from 077 5521275. He answered the phone and found that it was from Sujee of Induranwila, the illegal drug dealer who asked where he was staying. Due to fear Lakmal revealed his whereabouts.

Then on 28 June police officer, Chandrakumara, PC Aruna Shantha and Sergeant Upul of Ahangama Police came in a three wheeler belonging to Sujee along with him. They showed the pay slip of PC Aruna Shantha and told that he is facing enormous economic difficulties and was a father of two children so not to proceed with a case. Further they told that they can pay Rs. 250,000/= to him which they said was a reasonable settlement for him.

Due to the medical condition and enormous economical difficulties that he faced after the severe torture finally he agree to accept that but the officers never paid.

Meanwhile Lakmal’s family members made an application to the Sri Lanka Human Rights Commission (HRC) on violation of human rights of Lakmal. The case was registered with the number HRC/MT/206/10/06. This case was taken up for inquiry on 8 September and the parties were summoned to come to the commission. On the particular day Lakmal’s brother Indunil Nishantha, SI Nelumdeniya, PC Aruna Shantha and a police officer called Mr. Kalum were also summonsed and appeared for the case. At the inquiry the police officers showed their interest for an out of commission settlement. Then the inquiring officer asked the parties to have a 15 minutes discussion and called the case after that. At that time the officers told that as they would pay Rs. 150,000/= to Lakmal so the case can be settled. Due to the economic difficulties Lakmal agreed to that also. Then the inquiring officers told that officers have to pay that amount within 14 days but once again they have not paid anything. Lakmal believes that the only reason the police kept making these offers was to prevent him from proceeding with the case.

Presently Lakmal learned that the three wheeler driver Mr. Pradeep Bandula, who brought Lakmal from the police station of Ahangama to Karapitiya Teaching Hospital has been threatened by police officers, including PC Aruna Shantha, that if he gives evidence against them they would not allow him to proceed with his job.

Further the relative who guided Lakmal’s family members to make an application to the HRC was also threatened by PC Aruna Shantha via telephone. He has warned to be careful in future.

PC Aruna Shantha came to younger sister of Lakmal’s mother and forced her to give Rs. 100,000/= to the police so that they could give it to Lakmal. Then the PC told her that the police were in difficulties because of her. Further he warned that while they are paying the money to Lakmal they would definitely send him to prison with a fabricated case.

Then Lakmal made written complaint to DIG Southern Province, Senior Superintend of Police (SSP) Galle, OIC Ahangama and the National Police Commission on this regard.

ADDITIONAL COMMENTS:

The Asian Human Rights Commission has reported innumerable cases of arbitrarily arrest, detentions, torturing the innocent when they are at the hands of the police and filling enormous amounts of fabricated charges against innocents by the Sri Lankan police which are illegal under international and local law and which have taken place at different police stations in the country over the past few years. The Asian Human Rights Commission has observed that Sri Lankan police have used the filling of fabricated chargers against innocent persons as an illegal instrument to harass the public.

The Constitution of Sri Lanka has guaranteed the right freedom from torture. According to Article 11 of the Constitution ‘No person shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment’. Article 12 (1) of the Constitution of Sri Lanka has guaranteed the right to equality for all persons as stated that ‘all persons are equal before the law and are entitled to the equal protection of the law‘. Further Article 13 (1) has stated that ‘No person shall be arrested except according to procedure established by law. Any person arrested shall be informed of the reason for his arrest’.

Furthermore, Sri Lanka has signed and ratified the International Covenant on Civil and Political Rights (ICCPR). Nevertheless the lack of protection offered to those who are willing to take cases against abusive police officers and the state authorities, means that the law is under-used continues to be employed as a tool by the police to harass people. This not only takes a long-term toll on the victim and his or her family, but on society as a whole, by the undermining of civilian respect for the law and encouraging impunity.

The Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (CAT) was signed by the State of Sri Lanka and ratified on 3 January 1994. Following state obligations Sri Lanka adopted Act No. 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 supposed to file indictments in the case where credible evidence is found on the torturing of people by state officers.

Furthermore, the Asian Human Rights Commission has continuously exposed the way the witness and the victims are getting harassed and on some occasions even killed to suppress the justice. Furthermore we have urged the State of Sri Lanka to adopt a law for the protection of witness protection.

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, arbitrary detention, torturing and finally threatening the witness 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 officers. 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 written a separate letter to the Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment on this regard.

To support this case, please click here: SEND APPEAL LETTER