SRI LANKA: Police allegedly torture a man to extract information

Dear Friends,

The Asian Human Rights Commission (AHRC) has received information that the Gampaha police assaulted a person after hanging him from a roof beam in the police station. He was illegally arrested on suspicion of a theft and detained him for 5 days before being produced before a magistrate and released on bail.

CASE DETAILS: (Based on the testimony of Malayappan Kali Dasan)

Several police officers from the Gampaha Police Station went to the house of Mr. Malayappan Kali Dasan at around 10:30am on August 21 and inquired about other persons living on the premisis. Dasan replied that only his wife and two children were with him. Then, the officers asked Dasan to accompany them to a neighbour’s house. As soon as Dasan entered the premises of the neighbour’s house, an officer suddenly caught him by his shirt collar and forced him into a car.

When seeing this, his wife and his eldest daughter came crying and asked where the officers were taking him but the officers scolded them in filthy language. Then, the officers took him to the Gampaha Police Station. According to Dasan, on the way to the police station, he was threatened with a pistol and asked to hand over the jewelry he had stolen from the neighbour’s house. At this time, he came to know that the neighbour might have complained to the police that he had stolen jewelry and for that reason he had been taken into custody. He was, in fact, taken to the police station in the neighbour’s vehicle.

Without any questioning, the officers took him to the upper floor of the police station. There were four police officers including Mr. Bandula Perera, Officer-in-Charge (OIC) and Weerasiri, a police constable. The OIC asked him to hand over the jewelry of which he had no clue. He beat him with a hose pipe on his body, his back, knees, elbows and the soles of the feet. Then, the OIC said, “This is not enough. Hang him.” Then, Dasan was blindfolded and his mouth was covered with a piece of cloth to prevent him shouting. His clothes were removed. The officers tied his hands behind with a piece of cloth and the tied a rope to the cloth.

They put the end of the rope over the beam of the roof and pulled on it so that his body was suspended. When he was hung, an officer hit his head with a hose. This lasted for about one and half hours. He was almost unconscious when he was brought down. When he was taken down, he was asked to lie down and an iron bar was placed on his legs and two police constables stood on each side of the bar which caused severe pain. Officers said, “if you have no money, we will get some from your neighbours, but hand over their jewelry”. Then, he was brought back to the ground floor and his legs were chained. He was caned on the following day.

In the morning on August 26, police recorded his statement and asked him to sign it. He was brought before the Gampaha Magistrate at noon. The Police claimed that the inquiry was not over but Dasan was granted bail of Rs. 100,000 (USD 928) and the day of the trial was fixed for November 3, 2008.

On August 27, Dasan went to a private doctor for medication. As his pain continued, he was admitted to Warakapola hospital from September 1 to 3 where he told a doctor what had happened to him in the police station. The doctor informed this to the Dadigama police and an officer took down his statement.

He went to Warakapola hospital because his parents live nearby and did not want to go to a hospital in Gampaha due to the fear of reprisals from the Gampaha police. He still suffers pain in his head, hands, legs and joints.

ADDITIONAL COMMENTS:

Once again, this is another case of torture which is widespread and the type of torture is commonly committed by the Sri Lankan police. Torture is a common practice by the police to get information or to force persons to confess.

The case of Prasantha who was hung upside down while the police poured the juice of chilies in his eyes and nose in order to extract information is another example (AHRC-UAC-198-2008)

The Penal Code of Sri Lanka stipulates that an arrestee must be produced before a magistrate within 24 hours of arrest, but as shown in this case, Dasan was kept in the police custody for five days without being brought before the court, which is also a common practice by the police.

SUGGESTED ACTION:
Please write to the local authorities listed below and urge them to investigate this case so that those responsible are prosecuted and punished according to the law.

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

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