SRI LANKA: An innocent man was illegally arrested, tortured and laid with fabricated charges by the Ranagala Police

Dear friends,

Mr. Sarath Keerthirathna (40) of No: 130, Nilgalla, Udispaththuwa in the Kandy District was illegally arrested and severely tortured by the police officers attached to the Ranagala Police Station on 15 October 2011. Sarath was arrested while he was at his sister’s house by two heavily inebriated police officers in civilian clothes and brought to the Ranagala Police Station. While being taken to the station he was slapped and manhandled and at the station he was kicked and pushed to the ground where his head was dashed on the iron bars of the cell. He lost consciousness and was eventually admitted to the Peradeniya Teaching Hospital where he was treated for 12 days. Before he was discharged police filed a fabricated charge against him. This case is yet another illustration of the exceptional collapse of the rule of law in the country.

CASE NARRATIVE: 

According to the information received by the Asian Human Rights Commission (AHRC) Mr. Sarath Keerthirathna (40) of No: 130, Nilgalla, Udispaththuwa in the Kandy District was illegally arrested, detained and severely tortured by the police officers attached to the Rangala Police Station on 15 October 2011.

Sarath is married, a father of a one child and a labourer by profession. On 15 October around 5 pm Sarath along with his wife and child went to the house of his younger sister, Pushpa Ranjani Keerthirathna at Udispaththuwa. Sarath and his family members went there to participate in the folk drama concert ‘Sokari’ which was scheduled to be held that night.

While Sarath and his family members were waiting at his sister’s house the elder brother of Sarath, M G Wijewardana called him and informed that several police officers had gone to his residence to look for him. He further explained that the police requested Sarath to be present at Ranagala Police Station at 9 am the following day (16 October).

That night while Sarath’s wife and sister were having dinner together at the house they noted that two police officers who were on duty came to her house and sought permission to have their meals at the house as they were continuously engaged with their service. The two ladies then provided the facilities to both of them for having their dinner. The police officers identified themselves and said that they were attached to the Ranagala Police Station. Then Sarath’s wife inquired as to why her husband Sarath had been called to the police station. The police officers told her that according to their information there was no necessity for Sarath to be present for any police inquiry. The two officers further mentioned that they had not received any complaint against Sarath Keerthirathna.

When the concert was started everybody started to watch together while sitting in front of Ranjani’s house. Then they noticed two unknown persons in civilian clothes approaching their house. By their appearance and behaviour in was plainly evident that they were heavily inebriated. Some of the people present inquired after their identity and one police officer who was in uniform and on duty came to Sarath and his relatives and said that they were also police officers. Then all the officers went away.

At around 11 pm the two officers who were still drunk came to the house and approached Sarath and announced that they were looking for him. At the same time the other officer took photographs of Sarath without his consents. The two officers announced that they were arresting Sarath and asked him to follow them to the Ranagala Police Station. Then everybody demand the reason for Sarath’s arrest. The officers replied that they were arresting Sarath only for the purpose of recording a statement from him. But they did not disclose any reason.

Neither at the time of arrest or after was Sarath or his next of any kin informed the reason for his arrest. The two officers wanted to take Sarath with them on a mortor bike to the police station. Then Ranjani and Sarath’s Sarath told the officers that they can provide a three wheeler if needed and opposed the officers from taking Sarath on the motor bike as it might be dangerous with three persons on the bike. But the officers ignored them and started to proceed towards police station.

One officer controlled the bike and Sarath sat in the middle. The officer who was sitting behind on the bike started to slap Sarath several times. They arrived at the police station and Sarath was ordered to follow them inside.

Then one officer suddenly kicked Sarath from behind causing him to fall to the ground where he struck his head against the iron bars of the cell. Sarath then lost consciousness. When he regained consciousness he realised that he was lying on the ground and was bleeding from a head wound. When they realised that Sarath was conscious one officer approached him and trampled on one of his hands and shouted at him to stand up. When Sarath was not able to do so, the officer took hold of Sarath’s collar and hauled him to his feet.

Then the officers dragged Sarath to the sink area of the kitchen of the police station and bathed his head. When he started shivering they put him next to the cooker. Sarath was seriously frightened and started screaming. He pleaded with the officers to allow him to go to home or give him some medicine.

As the kitchen was very cold Sarath crawled back into the station. Then three police officers came with several documents and ordered Sarath to sign them. As Sarath was not able to read any of those documents he refused to sign any of them, explaining to the officers that he could not read them. Then once again he started to scream loudly as he suffered with severe pain.

Then a police officer and a Grama Niladari (Village State Officer), Mr. Sarath, who was present at the station brought Sarath to the Theldeniya Government Hospital. The doctor who examined Sarath advised the police officer to admit Sarath for treatment. However, after Sarath was admitted to the hospital he was transferred to the Peradeniya Teaching Hospital.

While Sarath was treated to at the hospital the Judicial Medical Officer (JMO) visited him and examined him. Sarath noted that the JMO recorded several injuries in his records. Sarath was treated in the hospital for 12 days and he was discharge on 28 October.

After Sarath was discharged from the hospital he learned that police have filed a case against him on 20 October in the Magistrate’s Court of Theldeniya and that he had been granted bail in that case on 26 October.

Even though Sarath was discharged from the hospital still he cannot turn his neck and is still suffering with severe pain due to the assault by the police officers.

Sarath later learned that the names of the police officers who tortured him as Mr. Gunathilaka (17799) and another office of the same name Mr. Gunathilaka (17001) attached to the Ranagala Police Station.

Sarath states that he was illegally arrested, detained and severely tortured by the police officers. Sarath states that he still does not know any reason for his arrest and assault by the police officers. Sarath states the torture he endured is a crime under the laws of the country. Further he states that illegally arresting, detaining, torturing, and filling fabricated charges against him constitute crimes under the law of the country and violation of his fundamental rights guaranteed to him under the Constitution. Sarath seeks justice and asks the law enforcement agencies to take legal action against the responsible police officers.

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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