SRI LANKA: Torture resulting in loss of the use of both hands

SRI LANKA: Frequent and cruel tortures by the police – Urging actions to prevent torture and implement the law with participation of UN Agencies

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The Asian Human Rights Commission (AHRC) wishes to draw your attention to the following torture case.

CASE DETAILS

– Torture resulting in loss of the use of both hands (likely for the rest of his life).

Name of victim: Mr. Girissa De Silva (32)

Address: E. Perera Mawatha, Magalla, Galle, Sri Lanka

Date of violation: March 22, 2002

Tortured at: Habaraduwa Police Station

Suspect police officers: O.I.C. Satisgamage, S. I. Ariyaratne, S.I. Lekamvasam, Sergeant Chandra Soma and others in civilian clothes

Girissa De Silva was the manager of Green Garden Hotel, Katugoda. He was taken into police custody on 22nd March 2002, together with one Buddhika, a relative of his while travelling in a three wheeler taxi, by police officers from Habaraduwa police station. Both of them were taken to the Habaraduwa police station in a police jeep. Both were asked to sit on a bench and the Officer In Charge – OIC of the police station talked to some one over the telephone. Girissa heard, the O.I.C. telling, ¡°We have brought in Griissa¡¦ O.K. Sir¡¦Right Sir¡±

Then Girissa was told, ¡°Tell the truth, if you want to be saved. ¡°The officer was talking about a murder, which took place on the 9th March. Grissa answered ¡°on that day I was with a group of tourist at Nuwara-Eliya. I do not know anything about this.¡±

Then the OIC took Girissa to the police barrack at Ahangama. Girissa¡¯s cloths were removed by force. His hands were tied from the back. He was hung on the beams. He was beaten with wooden poles and S-Lon pipes by O.I.C. Satisgamage, S. I. Ariyaratne, S.I. Lekamvasam, Sergeant Chandra Soma and others in civilian clothes. He was hung and beaten five times the same way by the same persons. He was also hung by the fingers. He asked for water and was told, ¡°when you tell the truth, the water will be given,¡± He asked, ¡°How can I tell something that I do not know¡±? He was not given water.

He was brought back to Habaraduwa police station. Buddhika has been released then. Girissa found his hands to be numb and he could not even take any food with his hands. Buddhika was told by some sympathetic officers that he was assaulted on the ¡°orders from above¡±. Girissa was visited by Attorney Chandrika Ranmalla on the same night and Girissa told the whole story to his lawyer.

Girissa was released on the noon of 23rd March.

Girissa was hospitalized from 23rd March to 11th April. He was examined by Professor Niriella, a well-known forensic specialist in Sri Lanka and was told that the loss of the use both had is unlikely to be recovered.

Girissa has made a complaint to the police station at Galle through his lawyer Kumara Bandara. A representative from Deputy Inspector General recorded a statement from him while he was in hospital.

Under the law in Sri Lanka, torture is a crime punishable with a minimum of 7 years imprisonment. The Convention Against Torture Cruel And Inhuman Treatment Act. No 22 of 1994, has defined torture as a crime, with no defense, to be tried in high court. The filing of indictments rests with the Attorney General (AG). AG¡¯s office has a special unit to investigate crimes committed under Act No.22 of 1994.

THE STATE OBLIGATIONS;

1. Investigate the crime immediately and prosecute offenders. There is a Special unit in Attorney General¡¯s Department for investigations. Under the criminal procedure code the suspects of the crime must be immediately taken into police custody and produced before a magistrate.

2. The Inspector General police is under obligation to initiate disciplinary inquiries and pending finalization of such inquiries to interdict the suspect officers

3. State is under obligation to provide special medical help and if necessary even provide specialist treatment for examination to see the possibility of recovery of the victim.

4. Provide protection to the victim and family and endure the suspect police officers or their agents do not interfere with the victim or his family.

5. Compensate the Victim in terms of international standard to be observed on measuring such compensation.

6. Given the frequency and the horrific nature of torture taking place in Sri Lanka, the State must address the general issue of prevention of torture and implementation of its own law (Act. No 22 of 1994) and for that purpose start an inquiry with participation of UN agencies concerned.

SUGGESTED ACTION

Write letters to the Sri Lankan authorities, requesting an urgent investigation into this torture case and asking them to prosecute the suspected police officers. Please send copies to the UN Special Rapporteur on Torture and the Chairman of the Sri Lankan Human Rights Commission.
 

 

 

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