SRI LANKA: Two young men severely assaulted; one has permanently lost his eyesight due to delayed medical treatment

Dear friends,

The Asian Human Rights Commission (AHRC) has received information that the Pitabaddara police allegedly severely assaulted a young man after arresting him during which time they allowed another person to throw acid in his face. Police kept him for several days in custody, refusing to provide medical treatment. Due to the delay, he has permanently lost the sight in one eye. To date, no thorough investigation has been conducted.

CASE DETAILS:

Mr. Dodampe Gamage Asantha Aravinda (Photo 1) and Mr. K.J. Thusara Chaminda were young friends and on 28 February 2008, they set out on a motor bike bearing No. SPTF 1330 to go towards the house of a relative in the Pitabaddara area, Matara Distric. As the relative they were visiting was not yet at home they went to refuel the motor bike.

At around 5:30pm, they passed a truck bearing No. 227 – 7805. The driver of this vehicle alighted from the truck and crossed the road without checking for oncoming traffic. As the motor bike was passing this driver’s hand slightly touched the motor bike’s rear view mirror upon which the driver was very angry and there was some exchange of words between the parties. The driver thereafter, said, “You go ahead and let us see.” The two young people ignored this and continued their journey. However, not long thereafter the truck pursued them from behind and struck the motor bike. Due to the impact, Aravinda was thrown some distance from the scene of the collision.

When he managed to get up and return, he saw that Thusara Chaminda and the motor bike both lying beneath the truck. The driver got out of the truck and ran away from the scene. Aravindra pulled his friend out from under the truck and found that Thusara Chaminda was bleeding severely from an injury to his leg. Aravindra tried to find a vehicle to take Thusara Chaminda to a hospital but could not find one. He left Thusara Chaminda near a house where he also kept the damaged motor bike and went looking for a three-wheeler to take his friend to the hospital.

As he was searching a taxi stopped from which some people alighted and claimed that they were from the Pitabaddara Police Station in the Matara District. Among the group was the driver of the truck and the group had guns in their hands. The truck driver went forward and said, “You are the one who collided with my truck,” and started beating him. Thereafter, Aravindra’s hands were tied behind his back and his legs were also tied and they continued to beat him. The police officers picked him up and dropped him several times. When Aravindra fell in the gutter, they pulled him out and continued beating him.

Aravindra called for water and then the truck driver took a bottle, put something into a cup and gave it to him to drink. Aravindra soon realised that he had been given acid. He shouted asking, “Isn’t it acid that you have given me to drink.” The truck driver said, “So you can’t drink it,” and threw the acid into his face; the liquid also spread to his eyes. Aravindra then shouted in pain. By this time someone also brought Thusara Chaminda to the same place and he was also beaten by the police officers. The officers who were identified as those carried out the assaults are the Officer-in-Charge (OIC) of the police station, Karunasena. (This officer passed away some time after this incident), Police Sergeant Athapathu (21899), Police Constable Gamini (58881), Police Constable Sugath (3089) and some other officers.

Aravindra and Thusara Chaminda were taken to the police station and the truck driver arrived later with some liquor. The OIC of the police station and the driver opened the police cell and assaulted the two friends again. When Aravindra shouted in pain because the acid burns and with the further pain of the beating some police officers came and poured liquor on the burns.

Aravindra’s father learned about the incident at around 11pm on that day and went to the Pitabaddara Police Station, in Matara District to see his son and Thusara Chaminda. Several other friends and family members of the two young men also arrived. However, they were refused permission to see Aravindra and Thusara Chaminda. Aravindra’s father, with his wife and younger son went to see him on the morning of the next day (February 29) but were not allowed to meet him. The family was not even allowed to bring food and drink to the two men. At around 11am, Aravindra’s father arrived at the station with the president of the Provincial Council but once again permission to see the two young men was refused. The police told the father that some local people had assaulted Aravindra and thrown some acid at him and that there have discovered a gun in the possession of Thusara Chaminda. Aravindra’s father insisted that since his son had not committed any offense he wanted to see him. When they were again refused the father pleaded with the police to take Aravindra to a hospital. The officers replied that they would do that soon.

Aravindra’s father went to the station several times during the day to renew his request that his son be taken to the hospital but the officers refused to do so. Aravindra’s father kept on trying on March 1 and he saw that at around 3pm Aravindra and Thusara Chaminda were taken out and shown to some cameramen and journalists. The OIC asked Aravindra to remove his shirt and then his father saw that the left side of his chest showed severe burn marks. There were also wounds on one of Thusara Chaminda’s legs. The cameramen took pictures of both from various angles. Thereafter, the OIC of the station ordered Aravindra’s father to pay for the photographers. He paid Rs. 175/= (USD 1.6) to the cameramen through Sergeant Athapathu. Thereafter the two young men were taken back to the cell.

Aravindra’s father contacted an Attorney-at-Law who made a telephone call to the police station. The lawyer was told that these two persons would be taken to a hospital. Later someone called to Aravindra’s father by a mobile phone and told him that the two men had been taken to Moravoka Hospital. However, when he went to the hospital he could not find either of them so he returned to the police station. There a police officer approached Aravindra’s father and said, “You better go away otherwise somebody may kill you.” He replied that, “Even if I am killed, I will not move away.”

At about 7pm, Aravindra and Thusara Chaminda were put in a police vehicle and Aravindra shouted to his father, “Please don’t go home they may kill us.” At this the father replied that he would not leave but would follow them. The police car took the two people to the Matara Hospital. Aravindra was hospitalised at Ward No. 24 on March 1. He was treated there up to the 5th March. During this time his father talked to the specialist doctor who was treating his son. The doctor stated that due to delayed treatment the situation of Aravindra’s eye was serious and that he had lost the sight in that eye completely.

On April 3, an operation was performed on the eye. After this the situation became even worse and he was transferred from the Matara hospital to the Colombo Eye Hospital. By then Aravindra had completely lost his sight in one eye and his hearing in one ear had also deteriorated. Aravindra is still taking treatment at the Colombo Eye Hospital.

Meanwhile the Pitabaddara Police has filed charges against Aravindra and Thusara Chaminda for possessing a fire arm, attempting to shoot some person and attempting to engage in a robbery.

No action has been taken against the truck driver and the police officers for their actions in throwing acid as well as severely beating Aravindra and Thusara Chamindra. Also no inquiry has yet been taken for keeping Aravindra and Thusara Chamindra for two weeks at the police station beyond the 24 hours permitted by the law, thus preventing them from getting medical treatment for their serious injuries.

So far there have been no inquiries into the conduct of the police in this case. The truck driver also remains at large. Meanwhile despite attempts by the families of the two victims no action has been taken by way of redress. Added to the injuries they also now suffer from being charged on fabricated offenses.

ADDITIONAL COMMENTS:

The behaviour of the group of police

An Inspector of Police accompanied by the truck driver and together with several other police officers came looking for Aravindra. The moment they saw him they caught hold of him, assaulted him severely, and even tied his hands and feet. If the police party had come, acting on the basis of a complaint to arrest Aravindra if would have been their duty to make the arrest and then explain the charges. If they wanted to find anything, they could have questioned him quietly to discover as to whether they had a prima facie case to proceed. With the overwhelming power of a group of armed policemen, they had no reason at all to fear that their suspect might be in a position to escape. Had they quietly questioned him, they could have got to know about the earlier accident they may have even been able to assist Thusara Chaminda, who was suffering from the injury to his leg and take him to an appropriate place for treatment. What should concern the higher ranking police officer now is to examine the behaviour of this police party during this incident.

Torture

The police party severely beat up Aravindra first and later Thusara Chaminda. Under the law the police do not have any such powers. Did they do this in order to please the truck driver for whom they owed some obligation for one reason or another?

Attempting to force the drinking of acid and later throwing of acid on the face of Aravindra

Whilst Aravindra was completely under the control of the police party, when he asked for water, in the presence of the police party, he was given acid to drink. When he refused to drink it the acid was thrown in his face. Both these acts are serious criminal acts, not only by the truck driver but also by the police party who had complete control of Aravindra. Besides the criminal aspect what should concern the high ranking officers are the complete inhumanity and the cruelty of this act. How is it possible that a group of law enforcement officers could behave in this manner?

Arrest for several days and denial of medical treatment

Aravindra and Chaminda were both kept in the Pitabaddara Police Station police station for several days. This itself is illegal as the time allowed for producing them before a magistrate is 24 hour, if, in fact, there was a charge to investigate. What is worse is that Aravindra was suffering from injuries due to the acid attack and these injuries were serious. Anyone could have noticed an injury to the eye and could have known that this could lead to serious consequences. However, they were held for several days despite of the attempts by the families of the two suspects to have them sent to a hospital.

Fabrication of charges

When the suspects were finally sent for medical treatment due to the pressure of the family pressure they were charged with the serious offenses including possession of a firearm. These charges can lead to refusal of bail as well as serious punishments.

Similarity to other incidents

While allowing a person to force another to drink acid and throwing acid on someone who is police custody may be exceptional, the gang behaviour of the police, arrest of persons without proper inquiry, assaulted persons without asking a single question, refusal to provide prompt medical attention when needed and fabrication of charges are common occurrences in Sri Lanka. These have been demonstrated through hundreds of other cases which have come before the Supreme Court by way of fundamental rights application, complaints that have come for investigation under the CAT Act, Act No. 22 of 1994, complaints before the Human Rights Commission of Sri Lanka and the National Police Commission and by way of extensive documentation made by human rights organisations. Thus, there is a pattern of gang behaviour during arrests and assaults and other forms of irresponsibility on the part of the Sri Lankan police.

The responsibility of higher ranking police officers

It was the duty of the Assistant Superintendent of Police (ASP) to have looked into this case while the two suspects were already in the custody of the police station. It was also his duty to inquire into the matter thereafter. However, there is hardly any evidence that such actions have been initiated by the relevant ASP.

What now

It is the duty of the Sri Lankan police including the Inspector General of Police to initiate immediate inquiries into this matter and to take all appropriate actions to provide redress and compensation to the victims and to bring the perpetrators to justice.

SUGGESTED ACTION:
Please send a letter to the government authorities listed below urging them to thoroughly investigate this case so that those responsible are properly prosecuted and punished according to law and to provide effective remedies to the two people, in particular to the man who has permanently lost his sight in one eye due to the delayed treatment. The charges against two people must be dropped if no evidence is found after an impartial investigation by an independent body.

Please be informed that the AHRC has written a separate letter to the UN Special Rapporteur on the Question of Torture calling for an immediate intervention in this case.

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