SRI LANKA: Alleged torture and extra judicial killing of a man by the Kadawatha police 

Dear friends,

The Asian Human Rights Commission (AHRC) writes to inform you of the alleged torture and extra-judicial killing of a man by the Kadawatha police, Sri Lanka. On 30 April 2005, Damikka Dissanayake had been enjoying himself at a musical show with friends. Later in the night, however, Damikka was seen being led away from the show by police officers from Kadawatha Police Station. Damikka’s body was found some time later at the bottom of a well near his house, and blood stains were located nearby.

Though the Judicial Medical Officer gave the cause of death as ‘drowning’, 36 injuries were found on Damikka’s body, confirming that severe torture took place prior to his death. As a result of this, Damikka’s family and friends believe that the police tortured then killed Damikka, before disposing of his body in the well.

Damikka’s death requires your urgent intervention. Please write to the relevant authorities provided below voicing your extreme concern surrounding this case. An independent and impartial investigation must be conducted by the Special Unit of the Criminal Investigation Bureau and not by local police. The investigations must establish the police’s reason for detaining Damikka in the first instance, and what took place once he was in their custody. It must investigate the reasons for the 36 injuries found on Damikka’s body and establish if the police are responsible for these and Damikka’s death. If it is found that they are, then those police officers must be brought before a court of law without delay. If found guilty, full punishment according to the law must be imposed. Compensation should also be provided to Damikka’s family.

An enquiry should also be launched into the conduct of police personnel at the Kadawatha police station. This is not the first allegation of an extra-judicial killing made against this police station and therefore an investigation should be conducted to ascertain why this is the case. In particular, the supervisors and more senior personnel of that station must be questioned.

Finally, the Human Rights Commission of Sri Lanka should look into the manner in which their declared policy of zero tolerance of torture is being so blatantly flouted at police stations all throughout the country.

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

Name of the victim: R. Damikka Dissanayake of No. 294, Mahara Prison Road, Ragama
Name of the Complainant: Kara Dissanayake (father of victim)
Alleged perpetrators: Police officers attached to the Kadawatha Police Station

Details:

Damikka Dissanayake and his friends went to a musical show on 30 April 2005.  During the show, according to friends, they all danced and enjoyed themselves.  After a short while the friends found that Damikka was missing.  Upon looking for him, one of the friends allegedly saw Damikka being held by a police officer by his shirt collar and two other police officers were also holding and preventing him form leaving. There were also four other officers at the scene.  These police officers then allegedly took Damikka away.

Later one of the friends inquired from one of the officers who was there at the time of the apparent arrest of Damikka and asked after his whereabouts.  The alleged reply was: “we have sent him off”.

According to police report no. B1703/05, filed at the Magistrate’s Court by the Kadawatha Police, the body of Damikka was found in a well close to his house. The well is approximately 20 feet deep, having water up to about four and a half feet and a width of seven and a half feet.  On the wall of the house near the well one blood stain was located and two further blood stains were found on the parapet of the well.  When the body was examined by the Judicial Medical Officer he noted 36 injuries on the body of the victim but none of which were purported to be fatal injuries.  The medical officer’s report gave the cause of death as ‘drowning.’  The court verdict based on the medical report was one of death due to drowning.

The parents and the friends are calling for an inquiry into the circumstances of the arrest, the injuries found on the body and how his body came to be found in the well.  No evidence has explained so far as to the circumstances surrounding the manner in which his body came to be in the well.  There is no evidence whatsoever to indicate any suicide attempt.

Under these circumstances Damikka’s family and the friends believe that the police killed him and disposed of his body in the well.  As the officers of the same police station are conducting inquiries into the death they suspect that the matter will be covered up and no proper inquiry will be made.

At this same police station, the Asian Human Rights Commission previously reported on another mysterious death of Garlin Kankanamge Sanjeewa, a 25-year-old soldier who was found to be hanging at the police station by his trouser belt.  A postmortem was hurriedly conducted where the mother of the deceased was contacted to identify the body only.  The medical inquiry concluded that it was suicide.  However, the mother kept the body buried in her own family compound in order to get a fresh inquiry as she believed that it was a custodial death.  Later at the request of the mother a second inquest was held and a report is pending. (See further: UA-43-2003).

SUGGESTED ACTION:

Please write to the relevant authorities listed below voicing your concern for this case. Above all, an impartial and independent inquiry must be conducted by a specialized criminal investigation unit. Failure to take such action will inevitably hamper any prospect of justice in this case.
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