SRI LANKA: Bus driver arbitrarily charged after suffering brutal assault by the Teldeniya police 

Dear friends,

The Asian Human Rights Commission (AHRC) has come to learn of an appalling case of arbitrary use of police authority against a man whom they accused to have interfered and disturbed police duties.

On 7 April 2006, at 7.20am Indika Kulasekara was driving his bus and was collecting passengers as usual. The bus was traveling towards Kandy. At about 7.40am the bus came to Digana-Madarwala junction and Indika wanted to stop the bus at the bus shelter. However there was a van stationed at the shelter, and so the bus could not be stopped in the shelter. Therefore Indika stopped the bus just prior to the stationed van and bus shelter.

Police Constable (PC) Sarath was on a motorbike and approached the scene. PC Sarath parked the motorbike behind the bus, and then went to the driver’s window. PC Sarath inquired with Indika as to why he had stopped the bus before the designated bus shelter. Indika replied that there was a van in the bus shelter and as such he could not stop the bus there. He also asked the policeman, ‘can you not see the van?’ After Indika’s response, PC Sarath shouted at Indika not to instruct him on the rules and regulations. PC Sarath then requested Indika to get down from the bus, and to come and meet him behind the bus, where the motorbike was stopped.

After getting down from the bus, Indika followed PC Sarath’s instructions, and went behind the bus. Indika did not have his licence, but only a temporary licence of which he presented to PC Sarath. Indika did not have his proper licence because the Manikinna police station was holding his license due to another incident involving the bus’s tyres. Again, Indika explained that he could not stop in the bus shelter because of the van. PC Sarath, then scolded Indika telling him no to tell such stories. PC Sarath told Indika he would let the incident slip, if Indika gave him money considering it was the New Year season. PC Sarath continued if you want to go, you can give Rs. 500 and then you can go. Indika did not have this money, for this was the first journey of the day, and so he told PC Sarath that if it was alright he would give this money later to him. PC Sarath again asked Indika for the money, and again he replied that he did not have anything now but could give it later. PC Sarath then scolded Indika, before Indika interrupted telling PC Sarath officer not to scold him and to issue a receipt for him to pay later. PC Sarath then told Indika not to be so smart, after which he took Indika’s temporary licence, crumpled it up and threw it away. At the same time, PC Sarath started to assault Indika with a helmet, causing Indika to yell out not to hit him. PC Sarath ignored these cries, and continued to hit Indkia, and also yelled out to ‘bring the weapon’.

During this time, Indika’s father, Mr. Kulasekara had got down from the bus and was approaching the scene. Mr. Kulasekara yelled to Indika to run.  Indika then pushed the policeman and ran believing he was about to be shot. Whilst running Indika got onto a bus heading towards Kandy.  Indika got off the bus at Kengalla. After which he then got on another bus heading towards Kandy from Mahiyanganaya.  After about one kilometre the bus approached the Kengalla Junction (close to BOI project) and Indika noticed several civilians getting on the bus. These civilians then approached Indika informing him that they were police officers from Balagoola police station and that Indika was to get down from the bus. Indika proceeded to get down from the bus, after which the eight officers escorted him to a jeep parked on the right hand side of the road.

The officers then drove Indika to Digana village. Here, Indika was told to get down from the jeep, as the Balagolla police were to hand him over to the Teldeniya police who had brought another jeep. Of the Teldeniya police, there were five police officers and one Superintendent (SP) present at the scene. As Indika was getting into the Teldeniya jeep, the SI started to hit him after which the other five officers joined in causing Indika to fall to the ground. One of the officers commented that they were not to hit him too much but were to take him to the scene of the incident. He continued that they were to keep hitting him, but were not to make any visible external damage. The jeep then took Indika to the scene of the incident, where the bus was still parked there.

At the Digana-Madarwala junction, Indika was again told to get out of the jeep. PC Sarath was still present at the scene. The other officers told PC Sarath that they had brought the man. Indika noticed that PC Sarath was holding a 2 foot pole. As Indika was getting down from the jeep, PC Sarath then proceeded to beat Indika’s legs and lower back. He then told Indika that we are the people who will take you to the Courts; you do not have the strength to fight with us. Indika eventually fell onto the road. After which PC Sarath placed his foot on Indika’s head and applied pressure, following this he kicked Indika. PC Sarath then told Indkia to get up, but Indika was unable to get up and there was blood flowing from his nose and mouth. Therefore, the officers picked Indika up and again put him into the jeep. Once inside the jeep, two officers held Indika up, whilst another officer continued to beat him in the chest region. The jeep then drove to the Teldeniya police station.

Upon arrival at the gate of the police station, the officers told Indika to get down from the jeep. As Indika was getting down from the jeep, the officers again kicked and beat hum. Once inside the police station, three officers assaulted Indika with a pole, after which Indika was placed into a cell.  After about three hours the officers recorded some details down and asked Indika to sign the document, but Indika was never asked anything. Indika refused to sign the document, but the officers told him that if he refused to do so they would proceed to break his legs and arms. Due to fear, Indika signed the document but it was not with his proper signature. The officers then put Indika back into the cell.

After another two hours the officers took Indika to the hospital to get some medical certificates.   At the hospital, Indika received no treatment or medication and there were no examinations conducted. However, the officers left with medical documents.

Following the hospital visit, Indika was taken to the Teldeniya Magistrate Courts, after which he was then taken to the prison and admitted to the prison hospital. Indika remained at the prison hospital until the April 17. Indika tried to get bail on April 11 but it was refused. However on April 17 he was given bail and released for Rs. 2,500 with a guarantee of Rs. 200,000.

The police have given the following reasons for Indika’s arrest:
– Indika has allegedly assaulted PC Sarath
– Indika had interfered and disturbed with police duties
– Indika had ripped/teared PC Sarath’s uniform
– Indika had ripped and thrown his temporary licence

SUGGESTED ACTION:

Please write letters to the concerned government agencies listed below requesting them to iniate an impartial and immediate investigation into the allegations of both parties. If charges against Indika Kulasekara are found fabricated and there is no sufficient evidence to charge him in court, his charges must be dropped without delay. Appropriate protection and security by government agencies concerned must also be afforded to him. Those from the Balagolla police and Teldeniya police involved must be properly investigated.

 

 

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