SRI LANKA: Arbitrary arrest, detention and torture of a man by the Horana Police 

Dear friends,

The Asian Human Rights Commission (AHRC) has received information from a reliable source regarding the arbitrary arrest, detention and torture of a man by police personnel from the Horana Police Station. SA Akila Chaturanga was detained by the police on 22 December 2005 and arrested for a seemingly fabricated charge of cattle theft. After taking the victim to the home of lawyer Kulatunga Hettiarachchi, whose cattle, it was claimed, were stolen, the police then returned the victim to the Horana police station where they mercilessly tortured him. This included hanging the victim from the ceiling, and beating him with poles.

After detaining and repeatedly torturing the victim for a day, the police then formally charged him. They forced him to sign a written statement and produced him before a hospital doctor who signed a document without having even examined the victim. They then produced the victim before the Horana Magistrate’s Court where he was not afforded the opportunity to inform the court of the conduct by the police towards him and neither did his legal representative inform this to the court. The victim was released on bail and was subsequently treated in hospital for three days for the injuries he sustained as a result of the custodial torture.

This is yet one more of the most careless and senseless acts of torture perpetrated by policemen from the Horana police. The AHRC has reported on several previous occasions incidents where persons have been arbitrarily detained and tortured by personnel from the Horana police (please see: UA-238-2005; UA-103-2005; UA-141-2004). In fact the same person involved in this torture, Sergeant Kaldera, was also implicated in a previous case we reported on less than one month ago (UA-238-2005).

The AHRC urges for your intervention to ensure that an immediate and independent inquiry into this incident is conducted. The alleged perpetrators must be restricted from their duty once the investigation commences and appropriate charges must be filed against them under the Convention against Torture Act No. 22 of 1994 if the allegations are found to be true. Please also ask that the investigation look into the role the lawyer played in this incident, as there are strong concerns that the police’s conduct may have been at his request.

Further, please urge the concerned Government agencies to afford medical and rehabilitation assistance to the victim without delay. The victim and his relatives must also be provided with appropriate protection if the situation requires. They must be protected from any harassment and intimidation should they file charges in a court of law against the perpetrators.

Urgent Appeals Desk
Asian Human Rights Commission (AHRC)
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DETAILED INFORMATION:

Name of alleged victim: SA Akila Chaturanga, 22, unmarried; Occupation: farmhand
Names of alleged perpetrators: The Officer-in-Charge of Horana Police Station, Sergeant Kaldera and Police Constables R 1768 and 31288.
Date of alleged incident: 22 December 2005
Place of alleged incident: Horana Police Station

Case details:

On 22 December 2005, at approximately 5am, the victim, Akila Chaturanga was confronted in his home by Sergeant Kaldera and Police Constables 1768 and 31288. Without providing an arrest warrant or giving any reason for their action, the police took the victim into custody. Once there, the victim was threatened by Sergeant Kaldera to return stolen cattle he was alleged to have taken from a lawyer. Sergeant Kaldera then brutally tortured the victim with a pole.

The victim was then taken to the said lawyer, Kulatunga Hettiarachchi’s house. Sergeant Kaldera continued to beat the victim with the pole.

Back at the police station the police removed the victim’s clothes and blindfolded him with a sarong. They handcuffed him, placed his arms on his legs and inserted a police between his elbows and knees. They then hung him in the dharma chakra (wheel) position and mercilessly beat him on his soles, legs and buttocks with poles. The victim claims that he was tortured in this manner for approximately three hours.

The police then lowered the victim down and forced him to jump up and down repeatedly on the spot. They then got him to lie face down on a bench and repeated the beating with poles on his soles and buttocks. He was then locked in a cell.

Around 3pm the police took the victim out of the cell and dragged him to the police barracks where they punched him with their fists. He was then chained to a bedpost until 6pm.
Meanwhile the police continued to question the victim about the alleged theft of the lawyer’s cattle. Owing to this, there are strong concerns that the police’s actions against the victim were conducted at the request of the said lawyer.

The following day, on December 23, at around 9am, Sergeant Kaldera forced the victim to sign a written statement. They took him to the Horana hospital where he witnessed a doctor signing a document given by the police without the doctor even examining the victim. At 10am the victim was produced before the Horana Magistrate’s Court. The victim claims that he was not afforded an opportunity to inform the court of his arrest and neither did his legal representative inform this to the court. He was released on bail. Thereafter, the victim went to the Kalutara General Hospital where he was admitted to ward 11 until December 26. The victim informed the hospital authorities and the hospital police post about his torture.

The victim is adamant that he was falsely charged by the police regarding the theft of the cattle.

SUGGESTED ACTION:

Please write to the relevant authorities listed below seeking their intervention in this case.

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