SRI LANKA: Wadduwa police refused to file a complaint of a man who was assaulted by a drunk sergeant 

Dear friends,

The Asian Human Rights Commission (AHRC) has received information regarding the assault of Mr Marasinghe Arachchige Anura Dissanayaka by the police sergeant Nimal of the Wadduwa Police Station on 24 January 2005. After being severely hit around the head by Sergeant Nimal, who was drunk at the time of the assault, Mr Anura Dissanayaka suffered ruptured eardrums, which required medical treatment. It was also reported that Sub Inspector Rajapaksha and four other officers from the Wadduwa Police, who were present there, did nothing to stop the assault.

When Mr Anura Dissanayaka approached the Wadduwa Police Station to lodge a complaint regarding the incident, Sub Inspector Rajapaksha requested that he not do so. When Mr Anura Dissanayaka insisted on lodging the complaint, police constable Upali refused to file the complaint and instead directed the victim to the Officer-in-Charge (OIC). The OIC too, however, refused to file the victim’s complaint. Mr Anura Dissanayaka finally lodged a complaint with the Senior Superintendent of Police Panadura on 25 January 2005. However, no serious action has been taken to investigate the incident.

In Sri Lanka, the torture victims have to make complaints to the police station where the perpetrators are working or they were tortured. In such situations, the victims cannot expect fair investigations. Often the police refuse to file the torture victims’ complaints or even if the complaints are registered, they take no action to investigate the incident. Also the torture victims are even threatened by the perpetrators who remain employed at the same police station.

We ask that you intervene in this matter and condemn the behaviour of all police personnel involved in this case. Please send a letter to the relevant Sri Lankan authorities demanding that the alleged police officers be punished and a functioning and disciplined police service be established in the country.

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

Name of the victim: Mr Marasinghe Arachchige Anura Dissanayaka, 43 years old, married with two daughters, resident of Gramasanwardhana Road, Molligoda, Wadduwa, Sri Lanka
Place of incidence: Victim’s home
Alleged perpetrators:
1. Sergeant Nimal (main perpetrator)
2. Sub-Inspector Rajapaksha
3. Police constable Upali
4. Officer-in-Charge of the Wadduwa Police Station
5. Other four police officers
(** All the perpetrators mentioned above are attached to the Wadduwa Police Station)
Date of incidence: 24 January 2005

Case Details:

At 12.30am on 24 January 2005, Mr Marasinghe Arachchige Anura Dissanayaka was awoken by a neighbour who had come to inform him that a man was standing in front of his house. When he went outside, Mr. Anura Dissanayaka identified the man standing at the front of his house as Sergeant Nimal of the Wadduwa Police Station and subsequently said “hello”. Sergeant Nimal, who was in plain clothes and was drunk, then approached Mr Anura Dissanayaka in a rage threatening him by saying, “who the devil are you to call me hello? [kavuda yako mata hallo kiyanne]”. Sergeant Nimal then proceeded to hit Mr Anura Dissanayaka about the head, striking at his face and ears. Only after Mr Anura Dissanayaka’s wife intervened did Sergeant Nimal stop assaulting the victim.

Meanwhile Sub Inspector Rajapaksha and four other officers from the Wadduwa Police Station were also present there at the time of the assault. Despite witnessing the assault, neither the Sub Inspector nor the four officers did anything to prevent or stop the matter and they did not take any action afterwards. When neighbours started to gather around Mr Anura Dissanayaka’s house, the police drove away. Before leaving, however, Sergeant Nimal threatened Mr Anura Dissanayaka further, warning him not to inform any higher authority regarding the incident.

At 10:00am on the morning of January 24, Mr Anura Dissanayaka went to the Wadduwa Police Station to lodge a complaint. Sub Inspector Rajapaksha requested Mr Anura Dissanayaka not to make the complaint. When he rejected the request, the police constable Upali, who is in the reserve, refused to take down the complaint and directed the victim towards the Officer-in-Charge (OIC). However, the OIC likewise refused to accept his complaint. With no alternative, Mr Anura Dissanayaka then went to the Senior Superintendent of Police-Pandura and lodged a complaint on 25 January 2005.

On January 27, Mr Anura Dissanayaka was admitted to Ward No. 11 of Nagoda Government Hospital after suffering from severe ear pains since the incident. While he was in hospital, an officer from the hospital police post took two statements from the victim and a Judicial Medical Officer (JMO) examined him.

On 31 January Mr Anura Dissanayaka was discharged from hospital. The specialist at the hospital requested him to return for further treatment and to be careful with his ears in the meantime. Upon leaving hospital, however, Mr Anura Dissanayaka continued to suffer pain in his ears and was taken to Navaloka Pvt. Hospital for further treatment. There he was examined by Professor Ravindra Fernando (consultant JMO – Faculty of Medicine University of Colombo) and consultant surgeon Dr Chandra Jayasooriya of Colombo National Hospital. Dr Jayasooriya observed that both of Mr Anura Dissanayaka’s eardrums were ruptured and that he should therefore be admitted for immediate treatment.

The victim was then admitted to Ward No. 7 of the hospital. While he continues to receive treatment in the hospital, his family live in a state of instability unsure of what will happen next regarding the brutal assault by Sergeant Nimal. Up to now no serious investigation has been conducted by the police regarding the victim’s case.

SUGGESTED ACTION:
Please send a letter to the relevant Sri Lankan authorities demanding that the alleged police officers be punished and a functioning and disciplined police service be established in the country.

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