SRI LANKA: Former Navy sailor was found drowned under police custody

Dear friends, 

The Asian Human Rights Commission (AHRC) has received information that a man was drowned by police officers while in their custody. He was arrested on 11 August 2011 by the police officers attached to the Athurugiriya Police. Then he was detained there illegally for 19 days. Later on 30 August, according to the police the victim was brought to Wawala, Nawagamuwa for the purpose of revealing to them a cache of weapons. However, the police then state that they found him dead by in drowning in the Kalani River. The fact that no proper investigation has been carried out yet is a denial of justice to the victim and his family. The case illustrates the exceptional collapse of the rule of law in the country. 

CASE NARRATIVE: 

According to the information received by the Asian Human Rights Commission (AHRC) Mr. Asaka Botheju of Panagoda in the district of Colombo was arrested by the police officers attached to the Athurugiriya Police Station on 11 August 2011 at Koswatte, Athurugiriya. 

He was arrested along with two other persons named, Gayan Chandana and Upul Sanjeewa Koralage. Then he was detained at Athurugiriya Police Station. 

Later on 30 August 2011, after 19 days of illegal custody he was brought to Wewala, Nawagamuwa in Colombo. However, he was then found dead by drowning by the same officers in the Kalaniya River. They have offered no explanation as to how he came to be in the river when he was supposed to be in their custody. 

Asanka was a former Sri Lanka Navy sailor attached to the veteran Special Boat Squadron (SBS) and an expert swimmer as well. The police have offered no explanation as to how he, despite being an expert swimmer, ‘drowned’ in full view of the officers. What measures did they take to save him? 

Later the police announced that Asanka was wanted in connection with many crimes, and died after he jumped in to the Kelani River in the Nawagamuwa area. Police further stated that the incident took place when Asanka was taking the police to a place where he had hidden a T-56 firearm. 

After arrest he was detained in police custody for a period of 19 days, which is illegal according to the law of the country. Further the police at no time produced him before any court and can offer no legal justification for detaining him inside the police station for this length of time. 

Asanka’s arrest, prolonged detention and extrajudicial killing have not been investigated nor have the alleged perpetrators been brought before a court of law. The authorities have not yet revealed any information regarding a proper Death Inquest of Asanka’s body or a post-mortem report since the death. Just remains delayed and the police are once again using the excuse of taking suspects to arms caches to arrange their death. There have been innumerable instances where the police have shot suspects in their custody because they suddenly ‘produced’ a bomb or handgun. 

ADDITIONAL COMMENTS: 

The Asian Human Rights Commission has reported innumerable cases of arbitrary arrest, detention, torture and extra judicial killings cases of citizens at the hands of the police which is 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 the Sri Lankan police have used torture as an instrument to terrorize innocent persons and harass the public. Further, the country’s police are implementing a policy of eliminating criminals by killing them after arresting them without producing them to the court of law. 

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’. Further, Article 13(4) “No person shall be punished with death or imprisonment except by order of a competent court, made in accordance with procedure established by law. The arrest, holding in custody, detention or other deprivation of personal liberty of a person, pending investigation or trial, shall not constitute punishment.” Further article 13 (5) guarantees the right of presumption of innocence until being proven guilty. 

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. 

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 extra judicial killings by the police perpetrators, and the prosecution of those proven to be responsible under the criminal law of the country. 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 Extra-judicial, Summary or Arbitrary Executions on this regard. 

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