SRI LANKA: OIC of the Pitabaddara Police led his officers to torture a complainant

Dear friends, 

Mr. Jayasinghe Arachchige Chathura Manohara (29) of ‘Darshani’, Deniyaya Road, Pitabaddara in the Matara District was illegally arrested and severely tortured by police officers attached to the Pitabaddara Police Station on 10 July 2011. Manohara made a complaint to the police seeking protection for him and his house from the group of thieves who tried to enter his home and rob him of his belongings. The police offered no assistance despite the fact that the station is within three minutes from his house. Monohara’s neighbours were successful in capturing the suspects but when he expressed his anger at the police for their failure to act he was illegally arrested and severely tortured. Later the police produced Manohara with two fabricated charges before the Magistrate’s Court of Kotapala. This case is yet another illustration of the exceptional collapse of the rule of law in the country. 

CASE NARRATIVE: 

According to the information that the Asian Human Rights Commission (AHRC) has received Mr. Jayasinghe Arachchige Chathura Manohara (29) of ‘Darshani’, Deniyaya Road, Pitabaddara in the Matara District was illegally arrested and severely tortured by police officers attached the Pitabaddara Police Station on 10 July 2011. He is the Secretary of the Traders Association of Pitabaddara and a trader by profession. 

On 10 July 2011, Manohara returned home after seeing a musical show with his wife and daughter. At around 11.55 pm, someone shouted in a threatening manner near his bedroom saying “open the door”. Manohara asked him who he was and the man replied, “I am an Army person”. Manohara heard three other fellows talking and became suspicious. He then made a phone call to the Pitabaddara Police Station on 041 2281262. 

Manohara informed the police officer through the phone that he was facing a problem from an unknown gang that had come to his home and threatened him. He urged them to take action to secure the safety of himself, his family and property. 

While he was making this call the people in front of his house demanded that he open the door and that if he refused they would break it open. By 12.20 am no one from the police had come to investigate the matter so Manohara made a second call and the officer who answered said that they would send someone immediately. 

However, when no one came from the police, Manohara phoned three of his colleagues and informed them of what was happening. Within moments he heard shouting in front of his house and knocks to the doors. 

Manohara heard one fellow ask “Who are you?” and realised that the voice belonged to his friend Buddhika’s, one of the men whom he called for help. At that time, Manohara opened the door and saw two persons, one wearing an army T Shirt. When Buddhika asked who they were and what they wanted the one wearing the army T shirt tried to strike him with his fist and Manohara tried to protect him. 

The same person seized a wooden pole and tried to assault Buddhika while the other tried to run away. However, by now Manohara’s other friends had arrived and they caught him. 

Manohara questioned one of the assailants who told him that they had gone there by mistake. The other remained silent. By now there were a large number of neighbours at the scene and finally, at 12.35 am three officers of the Pitabaddara Police Station came to his home. 

Manohara complained to the police officers that they always arrived late forcing the members of the community to do their job for them. He went on the say that they only arrived after the job was done and that they offered no security to the villagers. In this manner Manohara expressed his disfavour about the police. 

He further told the officers that he and his friends had handed all the accused to the police but that he never expect any justice from the Pitabaddara Police. He went on to say that he would complain in person to the Senior Superintendent of Police (SSP), Matara. 

A junior police officer, named Sugath made a phone call to Arjuna Wijewardane, the Officer-in-Charge (OIC), of the Pitabaddara Police Station. Sugath informed Manohara that the OIC was not available and that they could not take the suspects to the police station because the OIC was attending a birthday party at Ellalagawawatte Gedara. 

However, within five minutes at around 12.45 the OIC came to Manohara’s home. The officer was not in uniform and appeared to be inebriated. Manohara complained to the OIC about what had happened earlier and the lack of action by his officers. At that time around 15 villagers were there at Manohara’s house. 

Then the OIC asked Manohara “Are you going to teach me about my duties? I will show you how I am doing my duties”. At that point he stated beating Manohara about the face. The OIC told Manohara he would never give him a chance to complain about this and asked the officers to take the suspects. After they left Manohara discussed what had happened with the people who were still gathered around his home. 

Around 1.15 am the OIC returned to his home with five other officers by three-wheeler and two bikes. The OIC had a wooden pole and warned everyone to stay away. Then he started to assault Manohara with that stick. When the OIC instructed an officer to handcuff Manohara his wife came and asked the OIC what he had done wrong? 

In response the OIC assaulted Manohara’s wife and pushed her aside. At that time, Manohara’s daughter was hanging onto his leg and the OIC kicked her so that she fell to the floor. When Manohara’s wife pleaded with the OIC not to hurt the girl he told her to take the daughter and leave. 

Following that the OIC continued to hit Manohara until he was brought to the police station by three-wheeler.

The OIC kept Manohara in a room and ordered the officers to close all the doors and windows of the building and close the main gate also up to 6 am. He told them not to allow anyone into the police station and that none of them should go out for any duty. 

Then, the OIC went to the room where Manohara was detained, closed the door and started to assault him with a steel chair. He assaulted Manohara for 20 minutes continuously while Manohara pleaded with the OIC not to beat him. 

The OIC continued Manohara’s torture by holding him about the neck and striking his head against a table until the table glass was broken. After that he started to kick him in the abdomen. By this time Manohara was bleeding from his mouth and nose. Then the OIC called some officers and ordered them to remove all of his clothes. 

The OIC then told the same officers to bring two wooden poles and some rope. Once again the OIC kicked Manohara and said that at that time when he went to Manohara’s house Manohara wanted to complain to the senior police officers against the Pitabaddara Police Station. He taunted Manohara by asking how he expected to go to the ASP now? 

After few minutes, the officers came with two wooden poles and several fabric ropes and the OIC tied Manohara wrists and ankles. He was then hung by the two poles that had been placed on two tables. Manohara started screaming and pleaded with the OIC to release him as he suffered with enormous pain. 

Then the OIC shouted that no one could transfer him from that station. Although Manohara was in great pain he realised that the OIC was too drunk to realise what he was doing. 

Then the OIC called the officer called Sugath and ordered him to record Manohara’s screaming with his mobile phone while he was being tortured which Sugath did. Then the OIC threatened Manohara that he would only be released after 5 am. 

As Manohara continued screaming the OIC ordered Sugath to stuff his mouth with cloth. When this was done Manohara felt that he was suffocating. While he was hanging on the pole Manohara’s legs started to cramp up and this added to the pain. The OIC told him that the next day he was going to play the recorded screams to all the people of the town. He went on to boast that he had killed 52 Sinhalese people and an uncountable amount of Tamils as a Special Task Force (STF) officer in his service and that he had worked for STF for 16 years. He said that it would be an easy thing for him to kill Manohara but that too many people had seen him at his home and witnessed his arrest. 

After being hung in this manner for an hour Manohara was brought to another room inside the police compound of the Pitabaddara Police Station. There he was seated on the ground near the bed inside the room and one of his wrists was cuffed to a leg of the bed. 

Manohara noticed that his hands, legs and face were swollen. He further noticed that he was still bleeding from his face mouth and nose. 

At around 7 am an officer came to the room where Manohara was detained and he told Manohara that the OIC had behaved like animal; that he was barbaric and very cruel. 

After some time another officer, later identified as Yasapala, approached Manohara and suggested that to finalize the matter Manohara should plead guilty for some crimes. Manohara vehemently refused the suggestion. 

Then at 8 am, the officer Sugath approached Manohara and shouted that he was talking too much and not following the orders. He then kicked him two times. Another officer later identified as Chamara also beat him three times. 

At 2 pm of the same day police officers produced Manohara before the District Medical Officer of the Morawaka Government Hospital. Manohara explained the way in which he was tortured by the OIC and the other officers. After making some notes the doctor simply stated that this was the way of treating the people who ‘assisted’ the police in their activities. 

Then at 2.30 pm Manohara was produced before the Magistrate at the Kotapola Magistrate’s Court. There he learned that the police had filed two fabricated charges against him. In one case he was charged with obstructing the duty of the police officer by holding the collar of the OIC’s shirt. The second charge was that of causing minor injuries to a person. Manohara vehemently denied both cases. When he was produced before the Magistrate the several lawyers appeared for him and submitted the facts relating to the severe tortured Manohara suffered at the hand of police. The Magistrate observed the injuries and signs of torture on Manohara’s body and released him on bail. 

Manohara later learned that the case numbers that the police have filed against him were: 18414 on obstructing the official duties of the police officer and 18413 for the causing minor injuries to a person. 

Immediately Manohara was admitted to the General Hospital of Matara and was treated at ward number 3. He was discharged on 15 July after five days of treatment. During his stay at the hospital he underwent six X-ray examinations by the doctors. The doctors explained that there were injuries to the spinal column so he has to rest for a time. 

While he was treated at this hospital the Judicial Medical Officer (JMO) also examined him. 

While Manohara was being treated at hospital a person who himself identified him as police officer Yasapala of the Pitabaddara Police Station called him on 12 July to tell him that the general public was going to hold a protest in the town of Pitabaddara against his torture by the police officers attached to the Pitabaddara Police Station. Yasapala pleaded with Manohara to prevent that from taking place but Manohara explained him that he was still under treatment and unable to do anything. Yasapala further explained that the OIC was ready to provide any support for him. 

After 10 minutes Yasapala called him again and explained that he had made the earlier call at the request of the OIC of the station. 

Later Manohara learned that there was a large gathering of the public and a large protest in the Pitabaddra Town with the participation of around 2000 on 13 July. Manohara further learned that the police department had transferred the OIC of the Pitabaddara Police Station to the office of the Assistant Superintendent of Police (ASP) of Matara. 

Manohara states that later he learned that the name of the police officers who participated in torturing him also included, PC 40078 Chaminda, PC 40629 Pradeep, PC 84066 Lakmal and PC 85875 Yogananda. He further states that if the suspects are produced before an identification parade he could identify the suspects. 

Manohara further states that he has complained to the Human Rights Commission (HRC), the Senior Superintendent of Police (SSP) Matara, the Inspector General of Police (IGP) and the Deputy Inspector General of Police (DIG) Southern Province seeking justice against the violation of his rights. 

However, neither the police department nor any other law enforcement authority has yet started any investigation on the matter. He further states that he was illegally arrested and detained, laid with two fabricated charges after he helped the police to catch criminals. Manohara has also filed a fundamental rights petition before the Supreme Court. 

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. 

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