SRI LANKA: Brutal assault on a 65-year-old by the Kananke Police at the instigation of a third party

Dear friends,

The Asian Human Rights Commission (AHRC) has received information regarding the brutal assault of a 65-year-old man by several members of the Kananke Police in the Matara District allegedly at the inducement of a third party. Later he was produced before the Magistrate’s Court under fabricated charges and remanded. When he complained to the ASP-Galle, regarding the incident, the case had been referred back to the Kananke Police—the same police station where he was tortured. When he complained to the Human Rights Commission, Matara Branch, he was informed there was no evidence of any violation of his fundamental rights. Now the victim wonders where he should ask for help in seeking a legal remedy for the damage he have been received from the public authorities.

CASE DETAILS:

On 11 June 2006 around 10:00pm  Mallikage Ariyadasa, 65, was arrested by the Kananke Police and taken to the Kananke Police Station in the Matara District—allegedly at the instigation of an influential third party. At the Police Station, he was handcuffed and severely assaulted by several policemen in the most inhumane and brutal manner. Mr. Ariyadasa says that they assaulted him with their fists and boots until he collapsed to the floor. Then they dragged him along the floor to a holding cell where he was kept without food or water for almost 2 days.

The next day (June 12, 2006) the Police took Mr. Ariyadasa to see a doctor at the Immaduwa District Hospital where he managed to tell the doctor that he had been assaulted by the police. On June 13, Mr. Ariyadasa was taken to the Matara Magistrate’s Court and charged with a criminal case which he insists the charge was fabricated. However he was remanded by the Magistrate and sent to the remand prison. After he brought his injuries to the notice of remand officials, they afforded him medical treatment for his injuries at the remand hospital.

During this time, Mr. Ariyadasa’s son Indika Kumara visited the Kananke Police Officer in Charge (OIC) and inquired from him the status of his father. The OIC had advised him to meet with a lawyer named Priyani who would assist him in obtaining bail for his father. Accordingly, Mr. Kumara visited lawyer Priyani, paid her the required fees and got Mr. Ariyadasa released on bail. He however later discovered that lawyer Priyani was in fact the wife of the said OIC of the Kananke Police.

Later Mr. Ariyadasa complained about the incident to the Assistant Superintendent of Police, Galle and in response was informed to attend the Kananke Police Station on 12 July 2006 at 9:30pm presumably for an inquiry into the incident. Ironically this was the same police station at which he was severely assaulted and thus it is hardly likely that justice would be served at that police station. When Mr. Ariyadasa arrived at the Police Station a policeman informed him that the OIC was not present and thus to return after 2:00pm. When he returned at the said time, he was taken to meet with the OIC who addressed him rudely and in threatening language. The OIC told him that if Mr. Ariyadasa ever again complained to ‘high-up places’ (e.g. the ASP-Galle), he would (falsely) charge the victim for the possession of bombs and put the victim into larger problems including long time imprisonment at the remand prison.

At this point it is worth noting that under the Offensive Weapons Act, bail can only be obtained from the Court of Appeal in Colombo. As most people in rural areas are financially and otherwise unable to travel to Colombo, retain a lawyer and obtain bail from the Court of Appeal, it is not unusual for suspects to languish in remand for a few years until their cases are finally heard and disposed of. Thus it is common that this law is frequently utilised by the police to intimidate, threaten or harass torture victims and their families subsequent to the torture.

Mr. Ariyadasa further said that on 11 June 2006 a little while before he was arrested, several of his neighbours known as ‘Dokan’, Peththa’, Wiliyens’ and others had forcibly entered his house and stolen Rs. 37, 000 in cash. They had then maliciously lodged a complaint against Mr. Ariyadasa implicating him with sexually abusing 2 boys.

On 20 July 2006, Mr. Ariyadasa also complained about this incident to the Matara branch of the Human Rights Commission (HRCSL). On 27 March 2007 he received a reply in the form of a letter (ref. HRC/MT/54/07) in which the HRCSL informed him that the information provided by him did not have enough evidence to support the claim that his fundamental rights have been violated, and therefore the HRCSL was disposing of the case. To this response, Mr. Ariyadasa, from the little legal knowledge he has acquired during this rather traumatic period, wonders how the people could deny the violation of the rights of the victim while noting that he was arbitrarily arrested and detained for over two days, brutally tortured and threatened to be charged with a fabricated case.

Mr. Ariyadasa has complained in writing to all the authorities concerned including the Inspector General of Police (IGP), National Police Commission, the HRCSL Head Office in Colombo, and others demanding immediate disciplinary and legal action be taken against the alleged perpetrators of the Kananke Police. He has also requested that future inquiries regarding his case be held at the HRC-Head Office.

SUGGESTED ACTION:

Please write to the relevant authorities listed below and urge them to take immediate legal and disciplinary action against the alleged perpetrators, who illegally arrested, detained him without food or water and then tortured the victim causing him severe injuries. Also please urge them to take appropriate measures against the members of the Matara Branch of the Human Rights Commission for their inefficiency and negligence. Please also urge them to ensure that appropriate compensation be paid to the victim for the gross violation of his fundamental rights.

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