SRI LANKA: Udugama Police tortured an innocent man after illegal arrest and laid with fabricated charges

Dear friends,

Mr. Henegoda Vithanachchige Gamini (41), of Udugama in the District of Galle was illegally arrested and severely tortured by the police officers attached to the Udugama Police Station on 16 June 2011. On that day when the officers asked him to accompany them he did so without hesitation as he was innocent. Regardless of his innocence Gamini was severely assaulted by the police team including officer Wijenayaka. He was not given any reason or questioned by the officers. Later, the severely injured Gamini was brought to the Udugama Police Station and in turn to the Udugama Government Hospital. There, he was transferred to the Karapitiya Teaching Hospital. Gamini was remanded with fabricated charges. When he was brought to the Galle Remand Prison he found that the conditions at the prison were inhuman. Gamini has complained to several authorities about the violation of his rights but no investigation has yet been conducted. This case is yet another illustration of the exceptional collapse of the rule of law in the country.

CASE NARRATIVE:

According to the information the Asian Human Rights Commission (AHRC) received Mr. Henegoda Vithanachchige Gamini (41), of Udugama in the District of Galle is married with three children and is a planter by profession.

On 16 June 2011, a police team attached to the Udugama Police came to Gamini’s residence in search of him. When the police officers called Gamini he went to the officers who were stationed in front of the house. Without warning or explanation the police officers started to assault him. At no time was Gamini given any reason for his arrest nor was he question about any matter. Gamini was severely traumatised due to the torture he was subjected to and fell unconscious.

Gamini later identified one of the police officers as Wijenayaka who was involved in his torture. Later Gamini was brought to the Udugama Police Station by the police officers.

The police officers took Gamini to the Udugama Government Hospital where the doctors advised them to admit him. He was admitted and immediately transferred to the Karapitiya Teaching Hospital for further treatment.

Later Gamini observed that several police officers came to provide security for him and it was only then that he understood that he has been remanded by the Magistrate’s Court of Baddegama after he was admitted to the hospital. After being discharged from the hospital he was taken to the Galle Remand Prison and remanded at ‘Ward H’ at the prison. Gamini learned that Udugama Police had filed a fabricated case against him for unknown reasons and later sought the remand order from the court. Gamini believes that police officers wanted to prevent him by making a complaint against the police officers for torturing him by remanding him.

Gamini was also subjected to severe torture in the prison. He explained the difficulties that he faced at the Galle Remand Prison as follows:

“Prison is very ideal to describe as a torture chamber.

At school we were told that human beings have rights. But in the prison not even a single right was respected. In prison only 8 – 10 buckets of water was provided to bathe. Prison officers assault prisoners immensely. The beauty that is shown in the television does not exist there. Every illegal drug is freely available inside the prison. But we do not know as to how they are brought inside. Prison is overcrowded always and so we could not eat the food provided there. Prisoners are not treated as human beings.”

Later Gamini was enlarged on bail and after his released Gamini had to undergo medical treatments.

Gamini has complained against violation of his rights to all the relevant authorities in the country but none of them have initiated an investigation against the police officers who committed several crimes against him. Gamini states that he was illegally arrested, severely tortured, detained and had filed fabricated charges against him. Gamini states that justice was denied to him.

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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