SRI LANKA: A couple was tortured for refusing the advances of an amorous policeman 

Dear friends,

The Asian Human Rights Commission (AHRC) has received information about the illegal arrest and brutal torture of a couple by the Saliyawewa police on 26-27 July 2005. The incident happened soon after a security assistant belonging to the Saliyawewa police attempted to rape Mrs. Wijesuriya, after forcibly entered the victims’ house. In particular, we were confirmed that the Officer-in-Charge (OIC) is one of the main perpetrators for this torture. It is alleged that the Saliyawewa police have been harassing the couple who were involved in an illicit liquor business, and received bribes and ‘cases’ regularly from them. The police also allegedly sexually harassed Mrs. Wijesuriya verbally quite often.

After the incident, the couple made a complaint to the Assistant Superintendent of Police (ASP), Puttalam and the Puttalam branch of the Human Rights Commission. However to date, no action has been taken to investigate this case. Your urgent action is required to pressure the Sri Lankan government to correct this matter.

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

Name of the victims: Mrs. Mallikage Padma Wijesuriya (38) and her husband Mr. Mudannayakage Christie (43)
Alleed perpetrators: 1) Officer-in-Charge (OIC) Gunatilleka of the Saliyawewa Police Station, 2) Police driver Loku Aiya, 3) Security sssistant Rane, 4) Several other officers attached to the Saliyawewa Police Station
Date of incident: 26-27 July 2005

Details of case (based on the victims’ account):

Mudannayakage Christie and Mallikage Padma Wijesuriya are married and have three children. About eight years ago, Mr. Christie had an accident and has been paralysed on the left side of his body. As he was unable to continue his work as a carpenter, Mr. Christie, together with his wife, engaged in the distilling and sale of illicit local liquor called Kasippuin order to support their family. This trade has of course included frequent bribe paying as well as supplying ‘cases’ to the local police. During these exchanges, security assistant Rane, of the Saliyawewa Police Station, made several indecent proposals to Mrs. Wijesuriya.

Illicit liquor business often is of benefit to the police officers, as such business can only be carried out by paying bribes to the police. Also, on several occasions, the police are involved in such business directly. In addition, this is a common practice in the village areas, where the police periodically approach the villagers and request them to give evidence so that they can file a case against some other villagers in court, mainly under the illicit liquor charges. The police then ‘settle’ the case when a pay-off is received.

At around 6:30pm on 26 July 2005, four plain-clothed policemen from the Saliyawewa Police Station came to the couple’s house on two motorbikes. They then made a search for two bottles of Kasippu so they could institute a case against Mrs. Wijesuriya ?this is one of the usual methods the police use to ‘collect’ cases from villages. But as they could not find anyone at the house, they visited the couple’s boutique nearby and attempted to break it down. To mollify them, the victims gave one bottle of illicit liquor to Police Constable Neal who took the bottle together with Mrs. Wijesuriya’s ID card and went away. However security assistant Rane, who was also among the policemen, turned back and demanded Rs. 2,000 (USD 20) for petrol and another Rs. 200. The victims gave him Rs. 1,100 (USD 11). At the time, Mrs. Wijesuriya informed Rane that there were two warrants issued against her but that she would surrender to the court and pay the fine when she made some sales. She then requested him not to harass her. But Rane said, “If you ‘help’ me, I will ‘help’ you.” He also said that he would visit her at home at midnight and went away.

At midnight of that day, security assistant Rane entered the victims’ house via a window.  Perturbed, Mr. Christie and Mrs. Wijesuriya yelled, “Thief, thief!” at which the policeman attempted to run away, but he was apprehended by several villagers who mercilessly beat him.  Eventually he entered a ‘hotel’ nearby and escaped.

About half an hour later, about 12 policemen and civilians in a jeep and a three wheeler cab entered the couple’s house by force and assaulted them and took them to the Saliyawewa Police Station. At the police station, the couple were repeatedly assaulted by police driver Loku Aiya. The police also verbally abused the victims an extremely foul language. They suggested to Ms. Wijesuriya that since her husband was differently abled, she was sexually associating with other men and that the police too could teach her new sexual moves. The victims were made to sit on the ground. The Officer-in-Charge (OIC) who arrived in the police station also severely assaulted both husband and wife, first with a 3 foot pole and then with a hosepipe. While being assaulted, the perpetrators repeatedly made various sexual suggestions to Mrs. Wijesuriya in an extremely insulting and degrading manner.  So much so, Mrs. Wijesuriya asserts that she was not only physically but also mentally tortured at the Saliyawewa Police Station. This torture continued throughout the night until the next morning (July 27).

At about 7:30am on July 27, both victims were taken to the Puttalam District Hospital and examined by the District Medical Officer (DMO), to whom the victims said they were assaulted by the police. Then, the victims were produced before the Magistrate’s Court of Puttalam. The police said that Ms. Wijesuriya was arrested on a warrant issued for her arrest. At court, she pleaded guilty for trading illicit liquor and was remanded. According to Mrs. Wijesuriya, it was only at the remand prison that both victims were taken to the Negombo District Hospital and afforded medical addition. Although almost two weeks has passed since the incident, many of the injuries caused by the police assault are still visible on the victims’ bodies (See: Photo 1, Photo 2, Photo 3, Photo 4 and Photo 5).

Later the couple made a complaint to the Assistant Superintendent of Police (ASP), Puttalam and the Puttalam branch of the Human Rights Commission. However to date, no disciplinary/criminal action has been taken against security assistant Rane for forcibly entering the victims’ house and attempt to rape Mrs. Wijesuriya, against the OIC for inhumanly torturing them as well as for their illegal arrest and detention. The victims also reported that that meanwhile the OIC is currently going around threatening the villagers and seriously attempting to conceal the true facts of the incident.

SUGGESTED ACTION:
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