SRI LANKA: Innocent man was severely tortured by Dompe Police

Dear friends,

On 28 September 2011, Mr. Battharamulla Gamage Susantha Buddhika (19) of No: 243/3, Pelahela, Dekatana, Dompe in Gampaha District was illegally arrested, detained and tortured. He was tortured on two occasions; he was hung from a ceiling beam and beaten with pipes and poles by three officers, including the Officer-in-Charge (OIC) of the crime branch Inspector of Police (IP) Mayadunne and police officer Gunawardana. Buddhika bled from his thighs, buttocks and knees. He was forced to confess to stealing a water pump, a crime that he has repeatedly denied having any involvement in. Soon after, he saw GA Gayan Saranga being brought into the police station and tortured in a similar manner. Gayan was pronounced dead later that night. A number of civilians came to the station the next morning and brought Buddhika to Dompe Government Hospital for treatment of his injuries. He was then transferred to Gampaha General Hospital for further treatment. An investigation has not been started into Buddhika’s or Saranga’s cases. Saranga’s case is yet another in a long list of extrajudicial killings by the Sri Lanka police.

CASE NARRATIVE:

According to information that the Asian Human Rights Commission (AHRC) has received, Mr. Battharamulla Gamage Susantha Buddhika (19) of No: 243/3, Pelahela, Dekatana, Dompe in Gampaha District was illegally arrested, detained and severely tortured by the police officers of the Dompe Police Station on 28 September 2011.

Buddhika lives with his mother Ms. Hingurangala Arachchige Rupa Herath (44) and his younger sister. On 27 September 2011 the mother of another friend in the village, Indika, informed Buddhika that a police officer from the Dompe Police Station had requested his presence at 9am the following day at the police station. The next morning, Buddhika went to the police station. Upon arriving at the police compound, he saw his friend Indika sitting on a bench and enquired why he had been summoned to the station. Indika replied that he did not know. Then, Officer Gunawardana of the Crime Investigation Branch of the police station called them into a room. He tied both of their hands behind their backs and questioned them about the theft of a water pump. Both Buddhika and Indika denied involvement in the crime. Officer Gunawardana then proceeded to punch and kick Buddhika and Indika. He hit Buddhika’s face and then had him bend over so that he could hit his back. Buddhika and Indika were then brought to a jail cell.

A half hour later, Buddhika was brought to the back of the police station building and asked to remove his clothes. Two police officers in civilian clothes were also present. Buddhika was then asked to lie on his stomach on a bench. One of the officers tied Buddhika’s hands together with a rope underneath the bench, and tied fabric through his mouth so that he could not speak. Then an officer used a Kithul pole to beat Buddhika, while two others beat him with a hose pipe. The officers repeatedly asked him about the theft of a water pump; Buddhika maintained his innocence. Buddhika began to bleed from his thighs and buttocks. The officers then untied his hands and asked him to stand up and climb onto the bench. They tied him to a ceiling beam. The officers then beat Buddhika with pipes and poles. Buddhika fell unconscious, and the officers took him down. He asked for some water, which he was provided with. When he placed the cup of water on the table, an officer threw its remaining contents in Buddhika’s face and took him back to his cell. 
The next morning, 29 September 2011, Buddhika’s mother came to the police station to enquire after her son. Buddhika told her that he had been badly assaulted by the police officers and asked her to request his release. At 3pm that day, the Officer-in-Charge (OIC) of the crime branch and the Inspector of Police (IP) Mayadunne came to his cell and escorted Buddhika to the back of the building. IP Mayadunne ordered Buddhika to lie on the bench again. His hands were tied underneath the bench and he was severely beaten with a pole. After 30 minutes, the officers untied his hands and asked him to stand up. When he acquiesced, they beat his knees with a Kithul pole and they began to bleed.

Several hours later, Buddhika saw another villager, GH Gayan Saranga, had been brought to the station, Soon after his arrival, IP Mayadunne and another officer dragged Saranga by his hair to the back of the police station building, where Buddhika had been tortured. He heard the sounds of Saranga being beaten by the officers and heard him saying: “Ammo Ammo Gahanna Epa, Mama Danne Ne” (Mother! Mother! Do not beat me. I did not take anything.)

The next morning, Buddhika learnt from other police officers that Saranga had died while he was being tortured. He noticed that there were a considerable number of police officers present. Soon after, a crowd of people came to the police station. He was unable to stand up due to his extensive injuries and lay on the ground. A member of the crowd entered the police station and with the assistance of others, broke down the door of the cell and brought Buddhika out. Buddhika was admitted to the Dompe Government Hospital for immediate treatment. The doctors at the hospital then transferred him to the General Hospital of Gampaha for further treatment.

Buddhika states that he was illegally arrested, detained and severely tortured by the police officers. An investigation has not been initiated and justice has been denied.

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.

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