SRI LANKA: Alleged brutal assault of a man by Ratnapura police

Dear friends,

The Asian Human Rights Commission (AHRC) has received information about the alleged arbitrary arrest, detention and brutal assault of a man by the Ratnapura police on 15 March 2007. The victim, Mr. Kuruthanthrige Lakshman Gunasekera, a 43 year-old trader, was stopped in the evening by two police officers in civilian clothes and brutally assaulted by them when he was patrolling near his farm to protect his property from wild animals. He then was brought to the police station and detained until the following morning without being charged. It has been reported that the victim was released by police on the next day without any charges. Meanwhile, no serious action has yet been taken to investigate the case and to arrest the alleged perpetrators.

CASE DETAILS:

At around 11:30 pm on 15 March 2007, Mr. Kuruthanthrige Lakshman Gunasekera from Dambuluwana, Ratnapura, was patrolling around his farm with his gun as usual to protect his cultivation from wild animals. He then heard someone talking to him using foul language and then two persons appeared and grabbed the victim. These two persons were wearing civilian clothes, identified themselves as police officers but did not produce any official identification. They asked the victim that if he was a criminal then one of them allegedly started to hit the victim about the head, face and spine with a gun. The other officer also hit the victim with his fist and kicked him while another person came to the site by police jeep and also joined in the assault.

Meanwhile, the victim’s wife and the mother-in-law rushed to the scene and kept pleaded the police officers stop beating the victim. However, the officers continued beating the victim. Some other people from the village also came to the site and pleaded with the officers stop beating the victim but they too were ignored. Eventually the victim was taken to the police jeep and pushed inside.

The victim was taken to the Ratnapura police station in Ratnapura police district I, Ratnapura division, by the jeep. On the way to the station, he was continuously beaten by the officers. The victim’s neck  was squeezed by a police officer who sat behind him. Whilst travelling in the jeep, the victim noticed that the three police officers had taken alcohol and appeared to be drunk.

From the police station, the victim was then taken to the Judicial Medical Officer (JMO) to whom he reported the assaulted by the police officers. The victim complained that he had severe pain in his head and in the eyes, which was swollen due to the assault. The JMO asked the victim if he was drunk at the time of the incident and he replied that he had taken some alcohol as he usually does but he was not drunk.

After the interview with the JMO, the victim was brought back to the Ratnapura police station where he was detained in the lock-up. In the cell, the victim allegedly heard a conversation between police officers who assaulted him and the other officers saying that the victim approached the officers with intent to shoot them when they were mending the wheel of the jeep.

The victim was released the following morning without being charged. Later on, the victim was admitted to the ward 10 of the Ratnapura Hospital due to severe pain in his head and the eyes. He was again examined by the Judicial Medical Officer in the hospital however the police stationed at the hospital did not record a statement from him.

On 22 March 2007, the victim complained about his assault by the Ratnapura police to the Assistant Superintendent of Police (ASP) Mr. Sabaragamuwa. The ASP Sabaragamuwa then forwarded a letter to ask for further action from the Senior Superintendent of Police (SSP) of Ratnapura division. Subsequently, the victim’s statement was recorded by the police.

Furthermore, the victim sent a written complaint about his case to several authorities including the Chairman of the Human Rights Commission of Sri Lanka, Chairman of the National Police Commission, Inspector General Police (IGP), Deputy Inspector General (DIG-Legal Division) and the Attorney General.

The AHRC condemns this illegitimate action by the police officers against the victim. Such actions should never be tolerated in any circumstances. The International Covenant on Civil and Political Rights (ICCPR) enshrines that arbitrary arrest and detention is strongly prohibited and that no one shall be subject to torture or any other cruel or inhuman treatment. As a state party to the ICCPR and the Convention against Torture (CAT), the Sri Lankan authorities should conduct an immediate investigation into the alleged case of brutal assault by police and provide all necessary remedies to the victim without delay.

SUGGESTED ACTION:
Please write to the relevant authorities listed below and urge them to take an immediate action into the alleged violent assault of the victim and provide legal remedies to the victim without further delay.

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