SRI LANKA: A torture of a police constable by the Bandaragama police 

Dear friends,

The Asian Human Rights Commission (AHRC) has received information that a disabled police constable was brutally tortured by the Bandaragama police after being illegally arrested on 17 January 2005. The actual reason for his arrest is unclear. However, the victim alleged that he was harassed and intimidated because one of his torturers, Inspector of Police (IP) Tilekeratne, is a boyfriend of his wife, who now lives separately from him and has filed a divorce case in court. He reported that despite his complaint to Superintendent of Police, Panadura, no action has been taken against the concerned police officers.

This case provides a simple but significant message that the ordinary people have little chance to gain justice in a country where police officers are tortured by their own colleagues and where there is an absolute collapse of rule of law. We call for your urgent intervention in this matter. Please raise your concern to the Government of Sri Lanka and urge them to take genuine action to eliminate torture by strictly implementing the CAT Act.

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

Name of the victim: D. M. Karunapala, 41 years old, married with one child, the Police Constable 14203 attached to the Crimes Division of the Assistant Superintendent of Police (ASP), Panadura
Alleged perpetrators:
1. Officer in Charge (OIC) of the Bandaragama Police Station
2. Inspector of Police (IP) Tilekeratne, the OIC of the Administration Department at the Bandaragama Police Station
3. Sub Inspector (SI) Gihan attached to the Bandaragama Police Station
4. SI Mangala attached to the Bandaragama Police Station
Date of incident: 17 January 2005

Case details:

D. M. Karunapala became a policeman on 16 April 1987. On 15 August 2004, he had an accident while he was on duty in Jaffna, resulting in a physical disability on his leg and neck.  Since then, he wears a neck brace and walks on crutches. He is currently working at the Crimes Division of the Assistant Superintendent of Police (ASP), Panadura.

On 17 January 2005 at about 6:30pm, D. M. Karunapala was illegally arrested by the Bandaragama police without an arrest warrant and taken to the police station. There he was severely assaulted by IP Tilekeratne, SI Gihan and SI Mangala and put into a cell. His wife, who now lives separately from him and has filed a divorce case in court, was also present at the time. The exact reason for his arrest is unclear. However, D. M. Karunapala alleges that IP Tilekeratne is his wife’s boyfriend and that is the reason for the harassment against him.

At about 9:00pm, IP Tilekeratne took the victim out of the cell and again assaulted him inhumanly with a wooden pole. Although he fell down due to the unbearable torture, IP Tilekeratne continued to kick and hit D. M. Karunapala all over his body. D. M. Karunapala finally fell unconsciousness.

On the following morning (January 18), the Officer in Charge (OIC) of the Bandaragama Police Station came to the office and saw D. M. Karunapala. But allegedly he did not take any action about this matter. At about 10:00am, he was taken to the Circuit Magistrate Court, Bandaragama. Before being produced before the magistrate, D. M. Karunapala was threatened by IP Tilekeratne that if he went to a hospital for medical treatment he would remand him after falsely charging him with bomb-possession which is an unbailable charge in Sri Lanka.

At about 2:00pm the victim was produced before a magistrate and the police charged him under Section 81 of the Penal Code of Sri Lanka. Despite the police insisting that D. M. Karunapala should be remanded, the magistrate released him after ordering him to appear in court on February 1.

He was taken to the Horana Government Hospital for medical treatment. The victim made a complaint to Superintendent of Police, Panadura about his incident, but no disciplinary/criminal action has been taken against those responsible police officers up to now. He also said that the police did not provide anything to eat or drink while he was in their custody.

This is not an exceptional case of torture against law enforcement officers. For instance, an army officer named Mr. Dingiri Banda was severely assaulted by two of his fellow army officers, who are now captains, in February 2000. Since then he has received threats as he is pursuing the cases against these officers (UP-52-2004). Also, the AHRC has reported the suspicious death of Mr. Senarath Hettiarchchilage Abeysinghe (39), a police constable at the Trincomalee Police Station, who was found dead in May 2004 after lodging a compliant to the Human Rights Commission of Sri Lanka about his torture by his colleagues (UA-67-2004).

This case provides a simple but significant message that the ordinary people have little chance to gain justice in a country where police officers are tortured by their own colleagues. They also show how the practice of torture is deeply rooted with absolute collapse of rule of law in Sri Lanka.

The AHRC urges the Government of Sri Lanka to take effective and realistic action to implement the CAT Act and establish a witness protection program to put an end to torture in the country. Especially in the aftermath of tsunami, the government should endeavor to uphold the rule of law in the country.

SUGGESTED ACTION:
Please send a letter, fax or an email to the addresses below and express your concern about this serious case.

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