SRI LANKA: Drunken police officers attempted to steal a motorbike and tortured the bike-owner after arbitrary detention

Dear friends,

Mr. Chulani Thilakarathna, (50) of Ushani Plant Nursary, Dunkannawa, Naththandiya in Putthalam District was severely tortured, illegally arrested and detained by police officers attached to the Marawila Police Station on 17 Octorber 2011. The officers were drunk at the time of the incident and attempted to steal the victim’s motorbike. He was only released when his relatives went to the police station and intervened with the Officer-in-Charge. This case is yet another illustration of the exceptional collapse of the rule of law in the country.

CASE NARRATIVE: 

According to the information that the Asian Human Rights Commission (AHRC), has received Mr. Jayawardane Mudiyanselage Chulani Thilakaratne (50) is a father of three children and resides at Ushani Plant Nursery, Dunkannawa, Naththandiya in Puttalam District. He is a businessman by profession and runs a floral plants business.

Mr. Thilakarathna returned from his relative’s house at Marawila on 17 October 2011 at around 9 am by his motorbike and stopped momentarily near Dhammissara College in Marawila. Then two plain clothed officers who were visibly drunk came by bike and blocked his way. They asked him who he was calling to in a very rude language. At this time Mr. Thilakarathna did not realise the were policemen.

The officers approached Mr. Thilakarathna and asked him to get down from the bike in a same rude language. When Mr. Thilakarathna removed his helmet, one of the police officers later identified as Sub Inspector (SI) Edirisinghe came to him and slapped to his cheek. Thilakarathna fell to the ground and was severely assaulted by these officers.

As they were assaulting him several times they grabbed him by the collar and asked “Do you know us?” Then one of the drunken officers told him they were from the police. When he heard that Mr. Thilakarathna politely told them that he was not a criminal but they continued to assault him. At that time more a large crowd had gathered around them and they told Mr. Thilakarathna to do as the officers say to avoid further assault.

While this was going on one of the officers pulled out a pistol and pointed it at him. At this moment he was in fear of his life. Then the police officers brought Mr. Thilakarathna to the Marawila Police Station. At the police station he inquired from the police officers the reason for his arrest but no explanation was forthcoming. One of the officers told him, “You can realize your situation when we produce you to the courts.” Once again SI Edirisinghe slapped to Mr. Thilakarathne and put him in the lock-up. At that time his mobile phone was taken by the officers and when he asked for it so that he could call his wife the police refused and said it can be seen tomorrow at the courts.

Persons who had seen the incident near the Dhammissara College went to Mr. Thilakarathna’s home and informed his family. Around 12 at midnight, his wife and several relatives came to the police station and complained to the Office-in-Charge (OIC) Inspector of Police (IP) Mr. Saman Perera about torturing an innocent person, his illegal arrest and detention.

Then the OIC asked one officer to bring Mr. Thilakarathna from the lock-up and stated that the officers had make a mistake and he promised to take an action. After that Mr. Thilakarathna’s brother asked for the key of the motorbike. However, SI Edirisinghe and Sergeant Ranpati refused to return the key until the OIC shouted at them, retrieved the key and gave it to them.

Around 12.30 pm on the same night Mr. Thilakarathna was hospitalized at the Marawila Government Hospital due to severe pain in his head and injuries to his left eye as the result of the torture. The following day he was transferred to Chilaw Base Hospital for further examination and medical treatment. He remained in the hospital for five days from 18 October 2011 to 22 October.

Mr. Thilakarathna complained to the Human Rights Commission of Sri Lanka (HRCSL), Inspector General of Police (IGP), Senior Superintendent of Police (SSP) North-Western Province, OIC, Marawila, and Attorney General. The HRCSL recorded his complaint with reference number: HRC/3297/2011

After the culprit officers learned of the legal action Mr. Thilakarathna had taken they started making persistent threats to Mr. Thilakarathna, his wife, children and relatives.

Despite his complaints and the threats he has received no inquiry has been started into his illegal arrest, detention and torture. Once again under the Sri Lanka legal system justice has been denied.

The victim narrated in Sinhalese the way in which he was tortured in the video here.

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