SRI LANKA: A man tortured and prosecuted with false charges by the Samanalaweva Police Post

Dear friends,

The Asian Human Rights Commission (AHRC) has received information that a man named Heeralu Mohottalalage Punchi Banda (39) was illegally arrested and tortured by the Sub Inspector (S.I.) Dhammika Bandara of Samanalaweva Police Post in Balangoda on 26 August 2004. Due to brutal torture, the victim still suffers from severe pain on his head, neck and chest and needs medical treatment. In particular, it is alleged that the victim was prosecuted with false charges, for acts which he has not committed.

Your urgent action is required to request the authorities to take corrective actions. Please urge the local authorities to investigate this case, and arrest and prosecute the S.I. Dhammica Bandara and Police Sergeant Mahinda of Samanalaweva Police under the Convention against Torture (CAT) Act of Sri Lanka (Act No. 22 of 1994) as urgently as possible.

Urgent Appeals Desk
Asian Human Rights Commission (AHRC)

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DETAILED INFORMATION:

Name of the victim: Heeralu Mohottalalage Punchi Banda; 39 years old, a farmer, married with three children
Address of the victim: Himbiliyagahawatte, Weheragoda, Halpe, Balangoda
Alleged perpetrators: 1) Sub Inspector (S.I.) Dhammika Bandara, who is the Officer in Charge (O.I.C.) of the Samanalaweva Police Post in Balangoda, 2) Police Sergeant 4370 Mahinda    
Date of illegal arrest and torture: 26 August 2004

Case details:

On 26 August 2004 at about 4:30 p.m. Sub Inspector (S.I.) Dhammika Bandara and Police Sergeant  4370 Mahinda of the Samanalaweva Police Post, Balangoda has arrived at the house of Heeralu Mohottalalage Punchi Banda and dragged him out of the house. The S.I. Dhammika Bandara has hit H.M. Punchi Banda’s head and as he fell down, the S.I. has kicked him from head to foot, while asking for a barrel of a local trap gun [Bandina thuwakkuwa]. When he has said that he knew nothing about it, the S.I. has brutally hit the victim’s head many times with a wooden pole. Due to brutal assault, the victim has been severely injured. H.M. Punchi Banda’s wife has pleaded with the S.I. not to assault her husband however, the S.I. Dhamika Bandara has winded a nylon rope on the victim’s neck and pulled the rope several times until his neck was bleeding.

Then the S.I. has tied the victim’s hands from behind with the same nylon rope and took him to a jungle to search the trap gun barrel. They have walked for about one kilometer inside the jungle but could not find anything. Then, the S.I. has brought the victim back to the road near his house and boarded him on a bus and took him to Marangahavilla where he was allowed to wear his shirt and his hands were untied. After that, the police have took him to Pambahinna by another bus and from there they walked to the Samanalawewa Police Post where they arrived in at about 8:30 in the evening.

At the police post, the police has ordered H.M. Punchi Banda to sit on a mat and handcuffed him to a table leg and he was kept in that condition until 6:00a.m. of the following day (August 27) without being provided any medical attention. Later S.I. Dhamika Bandara has come to the police post and took the victim to the Oluganthota Government Hospital. Before going to the hospital, the S.I. has instructed the victim to tell the doctor that he got injured on his neck by a forked three branch. When they went to the hospital, the S.I. told same story to the doctor and the victim was not allowed to speak anything.  The doctor then has filled certain form of document and given it to the S.I. without examining or inquiring the victim.

The Samanalawewa Police Post has prosecuted him on false charges that he has caused fatal injuries to a villager (name unknown) by a local trap gun (Case No.: B/1413).  He has denied this charge. H.M. Punchi Banda has been produced before the Balangoda Magistrate Court and has been remanded at the Balangoda Prison, where the prison officers recorded a statement from him about the police assault. Next day morning (August 28), the prison officers got the victim’s wounds treated by a person named Raja [a first aid giver] of Balangoda after his sister paid Rs.100 to the prison officer. Then he was taken to the Kuruwita Prison where a doctor has examined him. He has been warded in the prison hospital and treated there until September 8. On September 9, the victim has been brought back to the Balangoda Prison and on the following day, produced again before the Balangoda Magistrate where he has been released on bail.

After being released, he has continued to suffer severe pain on his head, neck and chest and was admitted to ward no. 06 of the Ratnapura General Hospital. However, the hospital police post did not record any statement from the victim while he has been staying in the hospital. The victim has been discharged on September 15.

SUGGESTED ACTION:

Please send a letter, fax or an email to the addresses below and express your concern about this case. Please urge the local authorities to prosecute S.I. Dhammica Bandara and Police Sergeant Mahinda of Samanalaweva Police Post for illegal arrest, torture and fabrication of charges against the victim under the Convention against Torture (CAT) Act of Sri Lanka (Act No. 22 of 1994).

To support this case, please click here: SEND APPEAL LETTER