SRI LANKA: A young man was illegally arrested and severely tortured by the Wattegama Police

Dear friends,

Mr. M.M. Kushantha Janaka Herath was illegally arrested, detained and severely tortured by officers of the Wattegama Police Station on 30 October 2011. Kushan was on his way home when he was stopped by three police officers who ordered him to submit to a search. Kushan voluntarily submitted showing the officers, who he realised were inebriated, the contents of his pockets. He was then ordered to lower his pants, which he did out of fear and was very embarrassed as by this time a crowd had gathered. The police officers, who did not find anything in the way of illegal substance or stolen property on his purse, then started beating him. He was taken to the Wattegama Police Station where the brutal treatment was continued. This is yet another example of the appalling collapse of the policing system of Sri Lanka.

CASE NARRATIVE:

According to the information received by the Asian Human Rights Commission (AHRC) Mr. M M Kushantha Janaka Herath (20) of No: 40/4, Pallepahura, Wattegama in the Kandy District was illegally arrested detained and severely tortured on 30 October 2011.

Kushan is unmarried and a motor bike mechanic by profession. He works regularly at a shop in Katugastota in Kandy. At 4.30 pm Kushan was on his way to Wattegama town and as he was passing the Penguin Factory three police officers stopped him. One of the officers told Kushan that they needed to search him and he immediately obeyed the officers. He voluntarily showed all his belongings to the officers and even emptied out his trouser pockets so the officers could see the contents. Kushan realised that the officers were inebriated.

Then the officers ordered him to remove his pants so they could search further. Kushan did as he was instructed but felt embarrassed as by this time there were a large number of people watching.

The officers did not find anything suspicious or of an illegal nature on his body or in his belongings but suddenly one of the officers slapped him. Kushan was shocked and very frightened as he realised he was in the presence of police officers who had no respect for correct procedure and of even more concern, were heavily drunk. The officers told him to kneel down on the spot and Kushan complied out of fear even though it was very degrading treatment.

Despite the fact that Kushan offered no resistance to the officers they began to beat and kick him without mercy. He suffered bruising, lacerations and began to bleed from his lips.

Then one officer searched for Kushan’s National Identity Card (ID card) but Kushan was not able to get up as by then he was in severe pain.

At that time one of Kushan’s friends, Rangana who lives in Wattegama went to the officers and politely inquired as to why they were beating Kushan. The officers shouted at Rangana and chased him away.

Then Kushan tried to use his own mobile phone to call his Aunt in order to ask her to bring a photocopy of his ID card. An officer, who was later identified as Police Sergeant Aruna, took his mobile phone and dashed it on the ground. Then he ordered Kushan to gather up all of his belongings which were now scattered on the ground but Kushan was unable to do so. Another officer who had also searched Kushan’s belongings found a certificate produced by the police to show that Kushan had lost his ID card and had reported it missing to another station. This officer tried to bring this to the notice of Sergeant Anura but was ignored.

The officers brought Kushan into a three wheeler which was parked near them and started to drive towards the Wattegama Police Station. Kushan also noted that officers used one other three wheeler for traveling to the police station.

Neither at the time of arrest or afterwards was Kushan given any reason for his arrest. He was in great fear of his life.

Then Kushan was brought to a dark room inside the police station. After some time four police officers came to the room and three of the officers held Kushan by his hands. Then Sergeant Anura kicked him in the testicles five times causing enormous pain. Then he slapped Kushan several times. He felt that he was unable to remain standing but the three officers continued to hold him while Sergeant Anura continued to beat him.

When Kushan started to vomit the officers dragged him to the front of the station and lifted him into a police vehicle, all the while shouting at him in obscene language. Kushan was brought to a medical dispensary at Wattegama Kandy Road but the doctor at the medical center refused to accept Kushan or treat him stating that he was in severe condition and that it was the result of torture.

The police officers then brought Kushan to the Manikkagama Government Hospital and produced him before a doctor for treatment. But the doctor who examined Kushan also refused to treat him or admit him stating that his condition was severe. The doctor further questioned the police officers as to why they brought the patient to the Manikkagama Hospital when the Wattegama Government Hospital is very much closer to the police station. He was then taken to the Manikhina Government Hospital where he was produced before the District Medical Officer (DMO), not at the hospital but at the gentleman’s residence. Before his arrival however, Kushan was assaulted again by Sergeant Anura who warned him not to tell the doctor that he had been tortured by the police officers. He was say that he had fallen on the ground.

The DOM after examining Kushan questioned about how he got the injuries, the officers present told the doctor that he had fallen. But then the doctor told the police officers that he had witnessed the way in which Kushan was tortured in public at Wattegama Town.

Then Kushan was brought to the Wattegama Police Station and produced before the Officer-in-Charge (OIC). When Kushan directly told the OIC that he had been severely tortured by the police officers the OIC replied that this was a normal thing and it was not torture but only a quarrel.

Kushan was in severe pain and although he was in desperate need of medical attention neither the OIC nor any of the officers took steps to provide any treatment. The OIC then ordered the police officers to release Kushan and the officers immediately prepared some documents and searched for any of Kushan’s relatives. Kushan learned that his Aunty had arrived by that time and she was called before the OIC and ordered to sign for a document prepared by the officers. Then she was asked to take Kushan out of the station. Later Kushan learned that his Aunty has signed for a police bail.

When Kushan was travelling out from the police station he again started to vomit so his Aunty brought him to the Wattegama Government Hospital. The doctor who examined Kushan requested him to be admitted for treatment.

On the next day 31 October, Kushan was transferred to the Kandy Teaching Hospital for further treatment. As he was passing blood in his urine Kushan was provided with treatment.

Thereafter, on 2 November, one police officer came to Kushan at the hospital and recorded a statement from him. After recording the statement the officer questioned Kushan as to whether he liked the idea that some police officers might lose their jobs. He further explained that if he went to court this would surely happen.

As a result of the severe beating he had suffered Kushan lost two teeth despite the best efforts of the doctors to save them. Later doctors referred Kushan for further treatments by psychiatrists at the same hospital. Several days later Kushan was discharged from the hospital but still he feels that his hands and the legs are numb. He finds that he cannot cope up with his day to day work and needs to go for further treatment at the Psychiatrist Clinic at the hospital.

Kushan states that he was illegally arrested, detained and severely tortured by the police officers. Kushan states that there was no any complaint against him by any party to the police at any time. Further he states the torture he endured amounts to a serious crime under the laws of the country. Kushan demand justice against him by the 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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