SRI LANKA: Brutal and inhuman attack committed against a student by the Aralaganvile Police

SRI LANKA: Police misconduct; custodial torture; threat and intimidation, government inaction
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Dear friends,

The Asian Human Rights Commission (AHRC) has received information regarding the brutal and inhuman attack on a student by a member of the Aralaganvile Police Station on 7 August 2005. M. S. Duminda Aluthe was taken into custody after having been suspected of involvement in a murder. Despite the victim informing the police that he had no knowledge of the murder and that he was attending classes on the day in question (a fact that the said his teacher and fellow students could verify), police officer Fernando continued to maintain that he was involved. At one point when the victim and Fernando were left alone at the police station, Fernando proceeded to beat the victim, using his feet and his fists to assault him. When the victim and his parents complained to the Officer-in-Charge (OIC) at the station regarding the assault, the OIC told them that they should be happy that Fernando had instilled iscipline into their son, as this would make him a better citizen.

Upon release the victim was hospitalized due to his injuries from the assault. He and his family were also further threatened by police attached to the Aralaganvile police station that if they were to pursue the matter, the police would concoct a story detailing an entirely different situation.

The victim’s Fundamental Rights guaranteed under Articles 11, 12(1), 13(1), 13(2), 13(4), and 13(5) of the Constitution have been violated by the Aralaganvile police officers. We therefore call upon you to write to the relevant authorities requesting their intervention in this matter. A full investigation should be conducted into the conduct of the Aralaganvile police, in particular the actions of the OIC and Fernando. Charges should then be laid against any persons found to have committed crimes against the victim. Those charged must be brought before a court and if found guilty, properly punished for their actions. Full protection must be provided to the victim and his family during the investigation process and afterwards if threats continue to be made against them. Finally, all measures must be taken to ensure that the threats immediately stop.

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

Name of the victim: M. S. Duminda Aluthe (18); resident of Mahaweli Housing Scheme, Aurveda Junction, Aralaganvile; student of Wilayaya Central College, Polonnaruwa
Alleged perpetrators:
1. Fernando (22655) from Aralaganvile Police Station
2. Officer-in-Charge of the Children’s and Women’s Bureau, Aralaganvile Police Station
3. Sergeant Wijeratna, Aralaganvile Police Station
4. Super Intendant Berty, Aralaganvile Police Station
5. Officer-in-Charge Mahanda Widyatilake, Aralaganvile Police Station
Time, date and place of the arrest: 12 midnight on 6/7 August 2005 at Aralaganvile Police Station
Date and time of released: 7 August 2005 at 8pm

Case details:

The victim, M. S. Duminda Aluthe was at home studying on the night of 6 August 2005 when two police officers (one in civilian dress, the other in uniform) arrived at his house at midnight. The police officers told the victim that he was to accompany them to the Aralaganvile Police Station to make a statement. When the victim requested to know what the statement was in regards to before he would agree to go, the police officers told him that he must go to the police station with them and only there would he be told what the statement was about.

As the victim was home alone at the time, he felt he had no choice but to accompany the police officers to the police station.

On arriving at the police station the victim again asked why he had to be there. He was not told the reason for this however, and was instead instructed to sit on a nearby bench. While sitting there police officer Fernando (who was in civilian clothes at the time) asked another officer why the victim was sitting there. He was informed that the victim was involved in a case because a call had been received about him.

When, after waiting for an hour, the victim asked if he could go and get a cup of tea, Fernando verbally abused him for even daring to suggest such a thing. The victim then asked another police officer if he could go and find something to eat and drink and this he was allowed to do with a home guard. While out in search for food, the victim had his father informed of his detention.

Soon after returning to the police station, the victim was left alone with police officer Fernando as the remaining police personnel there all went out for lunch. As soon as they left, Fernando approached the victim and kicked him so severely that he fell to the ground. Fernando then kicked the victim a further two times while he lay on the ground, despite the victim screaming in pain and requesting Fernando to stop. Instead, Fernando grabbed the victim by the hair and struck him severely three times to the side of his head.

At this point the victim’s mother arrived at the police station and witnessed her son being assaulted. She ran quickly towards Fernando pleading with him to stop assaulting her son. Fernando swore violently at her and told her to go away.

When the other police officers returned from lunch they came to see what was going on as they could hear the victim screaming. When the victim explained to one concerned officer (the same one who had escorted him to get food) that he had been beaten, the officer told Fernando not to do it again.

Fernando asked the victim where he was on 28 July 2005 and if he had hired out his three wheeler on that day. The victim replied that he had not hired out his three wheeler on July 28. Fernando then said that a man had been killed at Grevelkanda of Aluthoya on that day before asking the victim if he was at that place with his three wheeler. The victim said that he had attended classes that day and that Fernando could check with his teacher and his classmates to confirm this.

Soon after the victim’s father arrived at the police station and asked Fernando why he had beaten his son. Fernando told the father to be quiet and that his son was responsible for a murder. The father told Fernando that he should enquire into the matter further before placing blame on his son and that besides, his son had attended classes on the day in question.

When the Officer-in-Charge (OIC) of the police station arrived, the victim and his father informed him of the assault committed by Fernando. The OIC asked Fernando whether he had assaulted the victim, to which Fernando replied that he had hit him two or three times. Instead of taking action against Fernando, the OIC told the father that he should be happy that his personnel had instilled discipline into his son as this would make him a better citizen.

When the victim emerged from the OIC’s office, he was threatened by Fernando. Fernando told him that his parents should not inform anyone of this situation and if they did, he would have the victim killed. He further said that the police can hide facts and can make up entirely different stories should they need to.

Meanwhile, the OIC of the Child Protection and Women’s Bureau approached the victim and scolded him for not admitting responsibility in the murder. She told him that he must reveal all that he knew about the murder and that if he did not, he would have to face serious consequences. The victim did not reply.

The victim and his parents once again met with the OIC. The mother requested the OIC to grant justice to her son for the pain and suffering he had endured. The OIC explained to the mother that the police can arrest anyone, assault them, punish them and remand them in custody for 14 days. Following this meeting, the victim and his parents were once again threatened, this time by the OIC of the Child Protection and Women’s Bureau.

The OIC then requested that another officer take a statement from the victim and then to release him. Two statements were taken from both the victim and his mother, before all were free to go.

That night, as the victim returned home, the pain in his right ear became intolerable. He was therefore taken to the Aralaganvile Hospital and later transferred to the Polonnaruwa Hospital. The doctor who examined him told him that his right ear drum was severely damaged. The doctor then referred the victim to the Judicial Medical Officer. The victim was released from hospital on August 11 at 6.30pm.

On the same day, Super Intendant Berty and Wijerathne of the Aralaganvile Police met with the victim’s father. They requested him not to proceed with any action against the police and advised him to meet with the OIC so that they could settle the matter. They finally threatened him that if he were to pursue the matter, the police could concoct an entirely different story and that no one would believe his.

Meanwhile, Fernando allegedly went to the home of the father’s sister on two separate occasions and this gave rise to further fear.

A petition and an affidavit have since been sent to the Human Rights Commission. Additionally, two newspapers, the Lankadeepa and the Divaina have published articles in relation to this matter.

The victim’s Fundamental Rights guaranteed under Articles 11, 12(1), 13(1), 13(2), 13(4), and 13(5) of the Constitution have been violated by the Aralaganvile police officers. This fact should not be ignored.

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