SRI LANKA: Torture of a man detained on fabricated charges

Dear friends,

The Asian Human Rights Commission (AHRC) writes to inform you of the alleged torture of a man by police attached to the Gokarella Police Station. On 4 July 2004, Mr H.M. Susantha Herath was taken into custody by Sub-Inspector (SI) Ellepoloa, Sergeant (Sgt.) Perera and two others from the police station. Upon his detention, Mr Herath was told to supply the police personnel with ‘Arrack’ (local liquor). When he told them that he was not involved in such business, they proceeded to torture him. They then took him into custody and tortured him once again. Upon his release, Mr Herath was hospitalised for five days for his injuries. During this time he was to attend court for the fabricated charges laid against him, but due to his hospitalisation he informed the court that he could not do so. Despite this, a warrant was issued for his arrest and Mr Herath was placed in detention for seven days. He is currently out on bail.

Mr Herath’s predicament requires your urgent intervention. We ask that you write to the Inspector General of Police demanding that he take action into this case. The Special Investigation Unit must be assigned to investigate this matter. If those police officers involved in this case are found to have broken the law and neglected their duty in the course of their action, then they must be brought before a court of law to answer to their alleged crimes under the Anti-Torture Act 22 of 1994. If found guilty, full legal action must be taken against the officers. Compensation should also be afforded to the victim, both for his medical costs and the mental and physical suffering he has endured.

Urgent Appeals Desk,
Asian Human Rights Commission

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DETAILED INFORMATION:

Victim: H.M. Susantha Herath, 24, a small-scale farmer and resident of Havenatenna, Panliyadda
Alleged perpetrators: SI Ellepola, Sgt. Perera and other policemen attached to the Gokarella police station (within the Kurunegala District)
Date of incident: 4 July 2005

Details of case:

On 4 July 2005, at around 2 pm the victim, Susantha Herath together with four others sat down for a late lunch. At that moment, a three-wheeler cab arrived at their house and SI Ellepola, Sgt. Perera and two others in civilian clothes alighted. SI Ellepola questioned as to who ‘Choppe’ was. When the victim came forward the SI said, ‘let us go to the police station’ and without any explanation, forced the victim into the cab.

Thereafter the policemen visited two houses and brought two others — Somarathne and Johnny — outside. The SI assaulted them and used a pole to hit one of the victims hard on his knee. They were all then taken to the Tissa Hotel in Melsiripura. The policemen bought two bottles of ‘Arrack’ from a bar nearby, left the arrestees at the hotel entrance and went into a hotel room. About one hour later the policemen returned and demanded from Mr. Herath, to give them the barrels (slang for illicit liquor). The victim insisted he did not have any barrels and that he was not involved in that sort of work. One policeman then scolded the victim with foul language and insisted he hand over the barrels. The policeman then clenched his fists and hit the victim on both sides of his face. The victim pleaded with the policeman not to hit him but the beating continued. As a consequence the victim’s head began to throb in pain. Then, around 4 p.m. he was taken to the Gokarella police station.

At the police station, SI Ellepola handed the victim over to another policeman saying, “here, I brought one of ‘Baby’s’ henchmen”. This policeman instructed the victim to spread-eagle himself against the wall and then struck several blows on his spine and legs with a pole. Then SI Ellepola assaulted him with a pole on his knees and calves. According to the victim the two other persons who were brought with him, Somarathne and Johnny were witnesses to this assault. The victim then sat on the floor while Sgt. Perera sat on a table and said, “at least now, tell us where the ‘barrels’ are?” When the victim insisted he did not know anything about ‘barrels’, Sgt. Perera clenched his fists and beat the victim on both sides of his face. The victim said that at the time, his head felt heavy, his legs became weak and he fell to the ground. He asked for a drink of water because he felt nauseas, but the cruel reply he got was that “there is a pipe outside, if you want water, go get it yourself”. Thus the victim was forced to drag himself outside and take a sip of water. He was then locked in a holding cell.

The victim continued to suffer from severe pain. He also noticed that his hands were bloody. He realised that he was bleeding from his ears and informed a policeman nearby. This policeman inspected his ears and in turn informed the policemen who had brought the victim to the police station. At around 9 pm, SI Ellepola and Sgt. Perera took Mr. Herath to the Gokarella hospital where a doctor examined him and handed over to SI Ellepola a written prescription for medicine. The victim was then taken back to the police station. SI Ellepola then told him “We have already filed a court case against you for the possession of one bottle of kasippu (illicit liquor). But we will pay the fine for you and release you on police bail tomorrow.” Mr. Herath was then locked up again.

The next day Mr. Herath was released on bail and allowed to go home with his brother. He was told to attend court on 7 July 2005. When he was leaving Sgt. Perera told him, “don’t sell Kasippu again; don’t do naughty things again; we will pay your fine so don’t you go taking action against the police.” He also promised the victim to find him a job at the Habarana hotel – presumably as an inducement not to complain about his torture. But when the victim asked for the doctor’s prescription the policemen lied by saying that it was lost.

When the victim went home he began to bleed from his ears and also suffered from severe pain in his head. Therefore on the same day, July 5, he visited the Kurunegala General Hospital where he was warded and treated for five days. Following his discharge from hospital, Mr. Herath went to the Kurunegala Assistant Superintendent of Police’s (ASP’s) office and lodged a complaint. He was told to bring the witnesses to his assault, which he did the following day, and their statements were recorded.

Owing to his hospitalization, Mr. Herath was unable to attend court on July 7. He informed the court of this situation via his brother Sunil Herath. However, a warrant was issued against him and he was required to appear before court on July 28, on which date he was remanded to the Kegalle remand prison for seven days. On August 4 he was released on bail.

SUGGESTED ACTION:

Please send a letter to the Inspector General of Police requesting him to take action in this case.
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