SRI LANKA: Brutal and inhuman torture committed separately by the Matara and Hikkaduwa police 

Dear friends,

The Asian Human Rights Commission (AHRC) has just received information on two cases of inhuman police torture committed separately by the Matara police and Hikkaduwa police.  In the first case, Mr. Damith Vijitha Kumara, was arrested by the Matara police at his workplace along with his mother and sister.  He was stripped naked and inhumanly tortured and accused of possessing weapons, which he denies.  His sister and mother have been released on bail, but Damith Vijitha still remains remanded.    We are very concerned that if Damith Vijitha remains in the custody of the police he could be subjected to more brutal torture.

The second case concerns the inhuman torture of Prasad Madurganga (known as Chuti) by the Hikkaduwa Police.  Four policemen arrested Prasad and accused him of stealing cattle, which he denies stating that he was hired on the date when the cattle were missing which can be witnessed by several people.  The police ignored this and proceeded to brutally torture him; hitting his ears, his head and humiliating him by forcing him to crawl on the floor imitating cattle.  Upon release by the magistrates court, the victim was taken to hospital suffering from severe body pains, vomiting and extreme earache.  The victim maintains his statement that he has not committed any crime.

We call upon you to write to the relevant authorities requesting their intervention in these cases.  In particular we ask you to urge the Inspector General of Police to order a full and speedy investigation and a disciplinary inquiry into any persons found to have committed crimes against the victims and charges under the Convention against Torture Act should be laid against them.  While the investigation is in operation the perpetrators need to be suspended from service and full protection must be provided to the victim and his family.  Compensation needs to be granted to the victims for injuries suffered and medical treatment administered.  Finally, regarding the first case, please call for the immediate release of Damith Vijitha, who was falsely charged.

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

CASE 1: Brutal torture by the Matara Police

Victims (All are of Midigama, Ahangama):
1. Mr. J.V. Damith Vijitha Kumara, security guard
2. Ms. VK Nandawathi, victim 1’s mother
3. Ms. JV Gayani Deepanjali (18), victim 1’s sister
Alleged Perpetrators:
1. Police Headquarters Inspector (HQI)
2. Police Constable Pushpakumara
3. Other policemen attached to the Matara Police Station
Date of incident:  18 August 2005

At around 7:00pm on 18 August 2005, several policemen of the Matara Police Station arrested J.V. Damith Vijitha Kumara at his workplace and brought him to his house where they also took his mother and sister in custody. The police then began to inhumanly assault Damith Vijitha in front of his mother and sister. The policemen also stripped the victim during the torture. Damith Vijitha was accused of possessing weapons by the policemen but he denied the charges.

After that the victim, together with his mother and sister, was taken to the Matara Police station where he was again tortured with fists and poles by the police. Damith Vijitha has said that he was forcibly stripped naked even at the police station before being tortured. Later Damith Vijitha and his mother and sister were produced before the magistrates court where they were ordered to be remanded. Subsequently, the mother and sister were released on bail while Damith Vijitha remains remanded.

According to the victim’s sister, when she met Police Constable Pushpakumara at the court house, he warned her not to reveal what had happened at the police station. He further threatened to harm Damith Vijitha and her father at home if she would do so.

CASE 2: Brutal torture by the Hikkaduwa Police

Name of the victim: M.V. Prasad Maduranga (known as Chuti), the vehicle driver by occupation, married with one child
Address of the victim: 22 Kahatagahawatte, Hikkaduwa, East Gonapinuwela, Sri Lanka
Alleged Perpetrators:
1. Sub Inspectors Mohotti, Mendis and Gunthilaka
2. Other police officers attached to the Hikkaduwa Police Station
Date of incident:  13-14 October 2005.
Place of incident: Hikkaduwa Police Station

At around 11:35pm on 13 October 2005, about four policemen arrived at M.V. Prasad Maduranga’s house and asked for Chuti. As Prasad was also known as Chuti at home, he came forward. The policemen then arrested him and told his wife to come to the police station next morning.

The policemen held Prasad by his neck and dragged him to the road. They then accused him of stealing cattle and told him to tell where they were. They threatened to assault him mercilessly if he would not confess. Prasad insisted on his innocence saying that he was hired on the date when the cattle were missing and that there were several witnesses to prove his story. However, the policemen did not listen to him and started to brutally assault him with wooden planks, which they removed from a nearby fence.

Thereafter, Prasad was taken to the Hikkaduwa Police station where he was again forced to confess the theft. As he kept denying the charge, Sub Inspectors Mohotti and Gunathilaka tortured him with wooden poles. The victim pledged his innocence and begged them not to assault him but the assault continued unabated. After that, they put him in the lock-up.

At about 7:00am on the next morning (October 14), Sub Inspector Mendis dragged Prasad out of the lock-up and hit him hard on both his ears and also hit his head with an iron rod. Another policeman joined in assaulting the victim. Then the police ordered the victim and two other detainees to tie their sarongs between their legs and forced them to crawl on the floor making noises similar to cattle, for about one hour. During this time, all the three were kicked and beaten by the policemen. Again Prasad was forced to confess, which he refused to do.

Prasad’s brother visited the police station later that day but the police threatened him and chased him away. When the brother came to the police station again with his mother, Prasad told them everything that had happened to him. When the mother and brother requested the police not to torture the victim, Sub Inspector Gunathilaka allegedly replied, “If you give me 40,000 rupees (USD 393), we might be able to save him.”

At about 11:00am on October 15, the victim and the two other detainees were put in the police jeep and taken to the Arachchikanda hospital. However as the Medical Officer of the Hospital (MOH) was not in the hospital, they were brought back to the police station. The victim suffered from severe body pains and vomited several times. At about 3:30pm of the same day, he was taken to the Galle Magistrate’s Court where he was released on bail. However, Sub Inspector Gunathilaka allegedly threatened the victim saying, “As long as I am at the Hikkaduwa Police Station, I will never allow you to do any work.”

On October 16, the victim again vomited several times and was taken to a private hospital, where he was adviced to go to the government hospital.  On October 18, he began to have severe earache and went to the Karapitiya hospital with his mother. He was examined by a Judicial Medical Officer (JMO) to whom he reported the details of the police torture. The victim maintains his statement that he has not committed any crime.

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