SRI LANKA: Police file two fabricated charges against a woman after illegal arrest and torture

Dear friends, 

Ms. Weerawila Gamage Sepalika (40) was illegally arrested and severely tortured by the police officers attached to the Ambalantota Police Station on 18 May 2011. Four police officers in plain clothes came to her house and carried out an illegal searched as not warrant had been issued. Sepalika was alone in the house and when she tried to prevent the officers from entering she was severely assaulted, arrested and brought to the police station. This case is yet another illustration of the exceptional cruelty and blatant abuse of authority by the police. 

CASE NARRATIVE: 

According to the information that the Asian Human Rights Commission (AHRC) received Ms. Weerawila Gamage Sepalika (40) of Arawanamulla, Baragama, Ambalantota in Hambantota District is married to Mr. Sumithrapala Liyanage (43). They are both farmers by profession. They have three children one of whom is disabled. 

On 18 May 2011 a group of police officers in civilian clothes attached to the Ambalantota Police Station came to Sepalika’s house while she was alone at around 10 am in the morning. Sepalika was able to indentify two of the officers later as a Sub Inspector (SI) and a Police Constable (PC) Siriwardana and two other officers. 

When the police officers approached her house Sepalika went to the front and the officers told her that they wanted to enter the house and search it. Sepalika replied that as her husband was not at home she did not want the male officers to enter into her house at that moment. Then police officers told that as she was selling illicit liquor they wanted to search the house. Then Sepalika requested a search warrant issued by a court. At that point the officers shouted at her and forcefully entered the house and started to pull apart all their belongings. While this was going on the officers continuously shouted at her with obscene language and then started to beat her. 

They dragged her outside the house by her hair while beating and kicking her legs and thighs. Sepalika suffered several injuries and was bleeding. The officers dragged her to the police jeep parked near the house and brought her to the Ambalantota Police Station. As she was terrified and in great pain she started to scream but none of the officers paid any attention. At the station the officers cuffed her and detained her in a cell. 

After several hours they took her out of the cell and brought her to the Ambalantota Government Hospital where she was produced before a doctor. The doctor who examined her advised the officers to admit her for further treatment. They allowed her to be admitted but she was guarded by four police officers at all times. 

Contrary to police regulations when arresting a female suspect, neither at the time of her arrest nor when she was taken to the police station was she accompanied by a female police officer. Neither was a female police officer present when they searched the house. 

From the very beginning she vehemently denied that neither she nor any of her family members engaged in the production of illicit liquor or its distribution. She further clearly told the officers that at no time past or present had anyone used her house or the surrounding lands for the production or distribution of such illicit liquor. She further stressed to the officers that neither she nor any member of her family had ever engaged in any illegal activity. However, true to the now expected behaviour of Sri Lankan police officers they behaved like animals when they tortured and illegally arrested her. 

Later on the next day (19 May) she was brought back to the Ambalantora Police Station and in turn produced before the Magistrate’s Court of Thangalle on two fabricated charges. Later she learned that police filed two fabricated charges; that of the possession and distribution of cannabis and the second of obstructing police officers in the execution of their duties. 

Sepalika vehemently denies those two charges. She further states that the police officers did not at the time of arrest or after arrest or even at the hospital or while she was detained at the police station ever questioned her over the possession of cannabis or any other illegal substance. Furthermore, the police officers never produced any of the cannabis they claim to have found in her house or on the surrounding land. Other than the charge of possession made by the police there is independent evidence linking her or any member of her family with this charge. 

She believes that the police filed the fabricated charge of distribution of cannabis against her so they can prevent her from getting bail from the court at the first instance. She also believes that the reason for this is to keep her in remand to prevent her by complaining against the respondent police officers on the violation of her rights. 

She strongly states that she denies the allegation of obstructing the official duties of the police officers. in fact, it was the police officers that entered her house without any legally issued search warrant. At no time did they give any reason for her arrest and cannot justify the use of force which resulted in her being severely tortured by four police officers which is against the whole legal procedure of arrest according to the Criminal Procedure Code No: 15 of 1979. 

Despite the injuries she suffered due to the torture the police deliberately delayed the provision of medical treatment, nor did they offer her the necessary medical assistance when she was detained in the cell. 

The two fabricated charges against her are totally against the law and emphasizes that filing a fabricated charge itself is illegal. The police, as state officers, are abusing their authority in order to harass civilians and mislead the courts. 

Sepalika states that all these actions constitute a violation of her fundamental rights guaranteed by the Constitution of the country. On the basis of violation of her rights her family members made a complaint to the Regional Office of Human Rights Commission of Sri Lanka (HRC) at Matara who have not initiated an investigation into the case. Sepalika is still waiting to see the justice and redress. 

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 and Special Rapporteur on Violence Against Women on this regard. 

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