SRI LANKA: Alleged brutal assault of a bus driver by a traffic police officer

Dear friends,

The Asian Human Rights Commission (AHRC) has learned that a 39 year-old bus driver was allegedly tortured by a traffic police officer near the Waikkala Railway Gate on 11 March 2007.  The victim was apparently asked to pull his bus over to the side of the road and was then brutally attacked in front of the passengers on the bus. As a result, the victim underwent hospital care for two days.  We were informed that despite the victim’s complaint, no action has yet been taken to investigate the incident and the alleged perpetrator remains free. We call for your urgent intervention into this case to support the victim. Please also protest against the continuing brutal abuse of civilians committed by the Sri Lankan police.  

CASE DETAILS:

On 11 March 2007, Mr. Lakam Mohottilage Anthony Newton Appuhamy was driving a Wenappuwa Depot bus bearing registration no. 62-3973 along with a conductor named Mr. Rohana Kumara on the Negombo-Wennappuwa bus route. When the bus approached the Waikkala Railway Gate at about 2:15 pm, a traffic police officer pulled over the bus for what appeared to be a routine road check.

The victim reports that he was brutally tortured without informed of any offence he might have committed.  The victim states, “A police officer gave the signal for me to stop the bus.  Accordingly I stopped the bus on the left hand side of the road and walked up to the police officer. Then the police officer too came forward and said ‘Is this the way to drive you bastard?’, and slapped me. Then I asked him, ‘Sir, why are you assaulting me?’ Then again he slapped me.”

The police officer continued to violently assault the victim and used verbal threats.  Although the victim continued to plead for his life, the police officer did not listen to him. The police officer then pushed the victim towards the police car and hit him once more.  The victim also stated, “Then he called me near to the other police officer and said ‘Just watch what I am going to do to you’.  Then I told him ‘Please forgive me if I did anything wrong, if I made a mistake give me a charge sheet’.   Then he said ‘I do not care about those f***king things. Take this and get out.'” The officer then handed the victim a temporary license that identified the perpetrator as S.L. Amaranath. P.C. No.28441.

Once the incident had ended, the bus conductor Mr. Rohan and other passengers who witnessed the attack assured the victim that they would be willing to testify and provide any evidence they could regarding the assault.  When the victim returned to the Wennappuwa bus depot, he complained to the Transport manager Mr. Sisira, who then reported the incident to the Emergency Unit and made arrangements for the victim to be admitted to hospital.  The victim was warded at Govt. Hospital Marawila between March 11 and 13 March 2007, where he was treated for injuries to his right ear as well as severe headaches. After the victim was released, he had to undergo continued medial treatment from the hospital’s T.N.A. Unit for another three days.

The AHRC condemns this brutal act of torture allegedly committed by S.L. Amaranath. P.C. No.28441. The AHRC urges that Sri Lankan authorities immediately investigate this case and bring the perpetrator to justice. The AHRC also demands that the victim receive full compensation for the injuries he has sustained and that he and his family receive adequate protection to ensure that they once again regain their sense of personal security.

ADDITIONAL COMMENTS:

Arbitrary arrest, detention and torture by the police have become endemic in Sri Lanka. To fight this serious matter, in January 2007, the new rule named “Rules of Procedure (Public Complaints) 2007” was made by the National Police Commission (NPC) by virtue of the powers vested in it under paragraph (2) of the Article 155G of the Sri Lankan Constitution. The Rule allows ordinary citizens, whose rights are violated by the police officers, to seek appropriate redress, through the newly established Public Complaints Investigation Division (PCID) under the NPC. According to this Rule, the NPC should conduct investigation into the alleged reported case of police brutality against civilians including cases that fall under violations of human rights, allegations of torture and/or cruel, inhuman or degrading treatment as well as fabrications of cases within 30 days from the receipt of complaint.

The AHRC is concerned that this new Rule will be another empty promise or diplomatic gesture if the strict implementation is not followed. The Convention against Torture (CAT) Act No. 22 of 1994 can be a good example. After ratifying the CAT, the Sri Lankan government introduced this domestic law to combat with endemic police torture but none of the police offices had been convicted under this law for about 10 years due to the lack of the government’s will to implement it. About two years ago one police officer was finally found guilty under this law first time but the government’s response to this deeply rooted practice of police torture is still far below the requirement that need to be done.

To learn more about the practice of police torture in Sri Lanka, see our 1st Special Report “Torture committed by the police in Sri Lanka” and 2nd special report “Endemic torture and the collapse of policing in Sri Lanka“. See also the AHRC 2006 Human Rights Report on Sri Lanka chapter.

SUGGESTED ACTION:
Please write the relevant Sri Lankan authorities and demand justice for this victim.  Please ask investigate the officers responsible and to fully compensate the victim for the torture he experienced.  Please also urge them to provide protection to the victim’s family.  The AHRC has already written to the UN Special Rapporteur on the Question of Torture regarding this matter.

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