SRI LANKA: Innocent couple was illegally arrested, detained and tortured by the Kiribathgoda Police

Dear friends,

On 13 August 2010, Mr. Suriyaarachchige Lakshman de Silva was illegally arrested, detained and severely tortured by the police officers attached to the Kiribathgoda Police Station. His wife, B.M. Ajantha Weerasinghe, was illegally arrested, detained and verbally abused. Lakshman, a painting contractor by profession, agreed to do a number of contracting tasks for an influential businessman. Upon completion of the tasks, Lakshman repeatedly requested payment for his services and in response, it is believed that the businessman influenced the police to illegally arrest, detain and severely torture Lakshman and arrest, detain and assault his wife. Justice has been denied to both of them. This case is yet another illustration of the exceptional collapse of the rule of law in Sri Lanka.

CASE NARRATIVE:

According to information that the Asian Human Rights Commission (AHRC) has received, Mr. Suriyaarachchige Lakshman de Silva was illegally arrested, detained and severely tortured by police officers attached to the Kiribathgoda Police Station on 13 August 201. His wife B.M. Ajantha Weerasinghe of Kadawatha in Colombo District, was illegally arrested, detained and verbally abused.

Lakshman is a painting contractor by profession. Several months ago, he made an agreement with a businessman called B. Cramer to do a number of contracting tasks. According to the agreement, Mr. Cramer was obliged to pay Lakshman a sum of Rs. 450,000 upon completion of the tasks.

Within the stipulated period of time, Lakshman completed the tasks and fulfilled all the conditions of the contract. Lakshman contacted Cramer and made several requests to settle the account as agreed. Soon after, it is believed that Cramer approached senior officers at the Kiribathgoda Police Station and encouraged them to find and harass Lakshman.

Several police officers including the Officer-in-Charge (OIC), Inspector of Police (IP) Chaminda, OIC of Crimes Branch, Sub-Inspector (SI) Viraj, Police Sergeant Dissanayake and Police Constable (PC) Ratnayaka of Kiribathgoda Police Station, visited Lakshman’s residence while he was not at home and harassed other members of his family.

On 13 August 2010, a team of police officers, including the aforementioned officers, searched Lakshman’s residence. They threatened Lakshman’s wife, B.M. Ajantha Weerasinghe, and ordered her to accompany them to the police station. When she refused, they illegally arrested Ms. Weerasinghe and brought her to the Kiribathgoda Police Station where she was abused with foul language and forced to sign a statement that she would produce her husband at the station.

Later that day, police officers illegally arrested Lakshman and brought him to the station. Lakshman was physically assaulted and remanded by the police. He was then produced before the Magistrate and released on August 30.

Lakshman states that his illegal arrest, detention and torture is a violation of his and his wife’s fundamental rights guaranteed under the Constitution. Even so, law enforcement agencies have not initiated any investigation into this incident. Lakshman states that justice was 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.

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