Dear friends,
The Asian Human Rights Commission (AHRC) has received information regarding the brutal torture of OKD Kithsiri Dhanawardena by Ketapola police training college trainees.
On March 25, Mr. Dhanawardena received a message from police trainees, Mr. Gunathilake and Mr. Jayarathne to come to the Ketapola training college for a cab hire. However, Mr. Dhanawardena was already engaged in another hire at the time and therefore he refused. Then on March 27, at around 6pm, Mr. Gunathilake and Mr. Jayarathne arrived at the three-wheel cab stop and approached Mr. Dhanawardena, threatening him about the incident two days earlier. When Mr. Dhanawardena told them he would complain to the police Officer-In-Charge (OIC) about their behaviour, they verbally abused him for threatening to do so.
Forty minutes later, Mr. Gunathilake and Mr. Jayarathne returned to the stop with about 100 others, all from the police training college and all in uniform. One of them pointed at Mr. Dhanawardena and queried, Is that him? then without warning, pulled Mr. Dhanawardena by his shirt collar and began beating him. Immediately all the others pounced on the victim and pummeled him with fists, poles and boots. As a result the victim was severely injured and fell to the ground screaming. Mr. Gunathilake and Mr. Jayarathne then drove the victim in a police training college vehicle, first to the training college itself and thereafter to the Elpitiya police station.
After his family was notified they went to the Elpitiya police where they saw the victim sitting on a chair bleeding and bruised. They attempted to lodge a complaint but the police refused. The police told them to wait until the station OIC arrived. Two hours later the station OIC together with the training college OIC arrived and they took the victim aside and inquired about the incident. The victims mother intervened and told the police that her son was severely injured and in need of urgent medical attention. Only then did the OIC allow the victim to go to hospital. However, the Elpitiya police failed to obtain any statement from the family.
The victim was taken to the Elpitiya district hospital where the doctor insisted that he be warded immediately. The family told the doctor about the assault on him. After urgent treatment the victim was transferred to the Karapitiya hospital, where the family once again told doctors the details of the incident. As a result of the brutal torture, the victim had to be hopitalised untill April 3. It was also found that the victims vertebra had been damaged and he had to be fixed with a catheter.
Later in the face of apparent police inaction, angry villagers protested against the police. Due to the massive protest regarding the incident, the Elpitiya police finally arrested the perpetrators Mr. Gunathilake, Mr. Jayarathne and one other from the training college and charged t hem before the Elpitiya Magistrate Court (Case No. 37546). Also three trainees on March 28 and one more on March 31 were arrested and remanded for the same incident. Subsequently, they were all released on bail. The victim also complained that no steps have been taken to apprehend the other culprits whom the victim can recognise if seen again.
Unfortunately, this is another example of the growing number of torture cases carried out by public officers in Sri Lanka. The AHRC has previously reported on many cases regarding this matter (UA-108-2006, UP-069-2006, UP-051-2006 and UA-103-2006). Immediate legal action must be taken against the perpetrators and as public officers such conduct should be subjected to the provisions of the Convention Against Torture Act No 22 of 1994 which states a minimum seven years sentence for torture conviction.
SUGGESTED ACTION:
Please write a letter to the relevant authorities listed below and condemn the actions of the alleged perpetrators. Please urge them to ensure that the alleged perpetrators are prosecuted as soon as possible. Also ask that the concerned officers be suspended or transferred from their service while the investigation is going on. An investigation should also establish any other persons who are responsible for the attack on the victim. Adequate compensation should be afforded to the victim for the injuries and trauma he has suffered.
To support this case, please click here: SEND APPEAL LETTER
SAMPLE LETTER
Dear __________,
SRI LANKA: Brutal torture of a man by police trainees
Name of victim: OKD Kithsiri Dhanawardena, 32-years-old, unmarried; occupation: three wheel cab driver; address: Thanthiriwatte, Ganegoda
Name of alleged perpetrators: Trainers and trainees attached to the Ketapola police training college
Date of incident: 27 March 2006
I am writing to you with deep concerning regarding the brutal torture of OKD Kithsiri Dhanawardena by Ketapola police training college trainees.
On March 25, Mr. Dhanawardena received a message from police trainees Mr. Gunathilake and Mr. Jayarathne to come to the Ketapola training college for a cab hire. However, the victim was already engaged in another hire at the time therefore he refused. Two days later the perpetrators arrived at the three-wheel cab stop and threatened the victim about the incident two days earlier. When the victim told them he would complain to the police Officer-In-Charge (OIC) about their behaviour, they verbally abused him for threatening to do so.
An hour later the perpetrators together with about 100 others, all from the police training college and who were in uniform, rushed towards the three-wheel stop. The trainees immediately pounced on the victim and pummeled him. As a result the victim was severely injured and fell to the ground screaming. The perpetrators then took him to the training college and thereafter to the Elpitiya police station.
After his family was notified, they attempted to lodge a complaint but the police refused. The police told them to wait until the station OIC arrived. Two hours later, the station OIC together with the training college OIC arrived. The victims mother intervened and told the police that her son was severely injured and in need of urgent medical attention. Only then did the OIC allow the victim to go to hospital. However, the Elpitiya police failed to obtain any statement from the family.
The victim was taken to the Elpitiya district hospital where the doctor insisted that he be warded immediately. After urgent treatment, the victim was transferred to the Karapitiya hospital, where the family told the doctors the details of the incident. As a result of the brutal torture, the victim had to be hospitalised until April 3. It was also found that the victims vertebra had been damaged and he had to be fixed with a catheter.
Later, in the face of apparent police inaction, angry villagers protested against the police. Due to the massive protest, the Elpitiya police finally arrested the perpetrators and one other from the training college and charged them before the Elpitiya Magistrate Court (Case No. 37546). Also four more trainees were arrested and remanded but they were all released on bail. The victim also complained that no steps have been taken to apprehend the other culprits.
I therefore am calling on you to intervene in this matter. As public officers the alleged perpetrators should be subjected to the provisions of the Convention Against Torture Act No 22 of 1994 which states a minimum seven years sentence for torture conviction. I also ask that the concerned officers be suspended or transferred from their service while the investigation is going on. An investigation should also establish any other persons who are responsible for the attack on the victim. Lastly, I ask you to ensure adequate compensation be afforded to the victim for the injuries and trauma he has suffered.
This is an appalling start to the careers of these alleged perpetrators. That these young men may have committed such a dreadful crime so early on in their careers is most concerning and one is forced to wonder what they may be capable of once they are fully recoganised police officers wielding far more power.
I trust your intervention will be forthcoming in this matter.
Yours Sincerely,
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PLEASE SEND YOUR LETTERS TO:
1. Mr. K. C. Kamalasabesan
Attorney General
Attorney General's Department
Colombo 12
SRI LANKA
Fax: +94 11 2 436421
2. Mr. Chandra Fernando
Inspector General of Police (IGP)
New Secretariat
Colombo 1
SRI LANKA
Fax: +94 11 2 440440/327877
3. Human Rights Commission of Sri Lanka
No. 36, Kynsey Road
Colombo 8
SRI LANKA
Tel: +94 11 2 694 925 / 673 806
Fax: +94 11 2 694 924 / 696 470
E-mail: sechrc@sltnet.lk
4. Mr. J Thangawelu
DIG Legal
Police Headquarters
Colombo 1
SRI LANKA
Fax: 94 11 2381 394
Email: legaldiv@police.lk
5. National Police Commission
3rd Floor, Rotunda Towers,
109 Galle Road
Colombo 03
SRI LANKA
Tel: +94 11 2 395310
Fax: +94 11 2 395867
E-mail: polcom@sltnet.lk
6. Mr. Mahinda Rajapakse
President
Socialist Democratic Republic of Sri Lanka
C/- Office of the President
Temple Trees
150, Galle Road
Colombo 3
SRI LANKA
Fax: +94 11 2472100 / +94 11 2446657 (this is contact for Secretary to President)
Email: secretary@presidentsoffice.lk
7. Prof. Manfred Nowak
Special Rapporteur on the Question of Torture
Attn: Mr. Safir Syed
C/o OHCHR-UNOG
1211 Geneva 10
SWITZERLAND
Tel: +41 22 917 9230
Fax: +41 22 917 9016 (general)
E-mail: ssyed@ohchr.org
Thank you.
Urgent Appeal Programme
Asian Human Rights Commission (ahrchk@ahrchk.org)
