SRI LANKA: No criminal action against two policemen after Human Rights Commission confirms torture of a man

Dear friends,

The Asian Human Rights Commission (AHRC) has received the information that no criminal charges have not been filed against the police officers of the Moratuwa police station responsible for illegal arrest and inhuman torture of a man in September 2004. A few days after his arrest, the victim was released by the court as there was no complaint against him. In March 2007, the Human Rights Commission of Sri Lanka (HRCSL) confirmed that the victim’s fundamental rights had been violated by the perpetrators and recommended that compensation be paid to the victim. However, no criminal action has yet been taken against the alleged perpetrators for their illegal act. Please call for the Attorney General’s Department to take prosecutory action against the responsible police officers based on the result of the HRCSL’s inquiry. 
 
CASE DETAILS:

On 2 September 2004, Mr. Bamina Hannadige Gamini Fernando was arrested by the Police Sergeant R.W.W. Palihawadana (Police ID No.22488) and Sub Inspector K.A. Padmasiri at Moratuwa police station. These 2 police officers, without a warrant or any evidence, arrested and inhumanly tortured Gamini.

According to Gamini’s wife, her husband was allegedly tortured while in custody at Moratuwa police station. For example, Gamini was stripped, hung and assaulted brutally with wicket poles. As a result, his legs were swollen and his feet were cut and bled. It was learned later that Gamini was accused of stealing some goods such as arrack and TV cassettes. He was tortured in front of the owner of the allegedly stolen items. As there was not sufficient evidence to prove his guilt Gamini was allegedly tortured in order to force a confession from him.

On 9 September 2004, Gamini was brought before the Moratuwa Magistrate, and then remanded for several days at Welikada prison and Kalutara prison. On September 19, Gamini was finally released by the court as no complaint was brought against him. Gamini was subsequently hospitalized at the Nagoda General Hospital for medical treatment.

The AHRC is deeply concerned that the victim was illegally arrested and tortured by the police based on mere suspicion although there was no official complaint lodged against him. He was also illegally detained in the police station for about one week despite that fact that, by law, arrested persons should be produced before a magistrate within 24 hours.

However the police have neither charged anyone for this illegal arrest and brutal torture nor compensated the victim for his physical and psychological suffering.

The victim’s wife K.U. Shiromi Dias lodged a complaint to the HRCSL which was registered under complaint No. HRC/4588/04/I (viii). After conducting an inquiry, the HRCSL found that Police Sergeant R.W.W. Palihawardana and Sub Inspector K.A. Padmasiri guilty of breaching the basic rights of the victim, which are stated in section 11 and 13(1) of the Constitution.

On 28 March 2007, two and a half years after the incident, the HRCSL finally recommended that the two perpetrators pay compensation of Rs. 12,500 (114 USD), that is Rs. 7,500 for Sergeant Palihawardana and 5,000 for Sub Inspector K.A. Padmasiri, to the victim. This very recommendation by the HRCSL (which has not been paid) is a clear indication of the lack of respect for, or understanding of the international norms and standard by the commission. It is quite simply an insult to the torture victim to declare a quantum of altogether Rs. 12,500 for causing torture by two policemen. International standards on these matters have been set out on the basis of the gravity of torture as a violation of human rights. It is one of the greatest injuries that can be caused to the dignity of a human person. The HRCSL should be urged to review the quantum of compensation granted in this case as well as in all earlier cases.

The alleged perpetrators illegally arrested and seriously tortured the victim which is obviously a criminal act and clear abuse of authority. With compensation for the victim, therefore, an investigation should be thoroughly conducted into the case and then the alleged perpetrators brought to book in order to root out the problems of criminal investigation by the police.

The AHRC notes with grave concern that none of the responsible police officers has yet been indicted in relation to this crimes. We therefore strongly urge the Attorney General’s Department to take action against the responsible police officers based on the result of the inquiry by the HRCSL. We also urge the Inspector General of Police and the National Police Commission (NPC) to immediately take disciplinary action against these officers.

This is in fact yet another example which illustrates the routine practice of the police force’s use of illegal arrest and torture as means of investigation of the crimes in Sri Lanka. The AHRC has previously reported several of similar cases relating to the arbitrary arrest or torture by the police. For example, 9 out of 12 Urgent Appeals that we have reported from Sri Lanka for the last two months are related to this issue. Please refer to: UA-128-2007, UA-122-2007, UA-108-2007, UA-107-2007, UA-097-2007, UA-085-2007, UA-076-2007 and UA-055-2007.

The Sri Lankan government should take genuine action to eliminate such brutal and illegal practices by the police in the country. As a state party to the International Covenant on Civil and Political Rights (ICCPR) and the Convention against Torture (CAT), Sri Lanka should strictly prohibit the police from illegally/arbitrary arresting and torturing citizens and should not allow the police to commit such crimes with impunity.

SUGGESTED ACTION:
Please write to the relevant authorities listed below and urge them to take an immediate action into the case and also urge them to provide the compensation for the victim without more delay. The AHRC separately will report this case to the UN Special Rapporteur on Question of Torture to call for their intervention into this case.

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