SRI LANKA: Man severely tortured by the Badureliya police; Court denies medical examination of torture victim

Dear friends,

The Asian Human Rights Commission (AHRC) has received information regarding the torture, illegal arrest and detention and the fabrication of charges of a 42-year-old man by the police. He was brutally tortured and denied medical treatment. His lawyer informed court about the torture but despite of the threat to his life the Magistrate took no action.

CASE DETAILS: (based on the victim’s testimony)

At 11:30am on 27 June 2007, the victim, U.A. Chandrasena was on his way to a funeral when he was stopped by four policemen in civilian dress who asked him where the Kasippu (illicit liquor) was. The victim replied that he did not know. The policemen took him to a nearby volleyball court and mercilessly assaulted him with thick wooden sticks broken from an Albesia fence. He was beaten on his legs, thighs, buttocks, hands and even on his head. The severely injured victim was then taken to the police station and locked up in a cell where he saw three other villagers who had met a similar fate as himself.

Soon the victim’s head began to throb and he vomited several times. He begged the police to take him to hospital. The police replied that he could go to hospital if he wished, but if he revealed even a word about his assault they would fabricate a case against him for possessing hard drugs (Heroine) or Ganja (Marijuana) and lock him up again. That night the victim was given police bail on the condition that he appeared in court on June 29 on the charge of possessing Kasippu. When the victim denied the charge, the police laughed and told him they already had the ‘goods’ and all they needed were a few scapegoats.

The victim returned to his home. He says he was very sick but was too afraid to go to hospital to seek medical treatment for his injuries. Instead, he visited a private dispensary and told the doctor he had been assaulted by the police. But when he asked for a medical report, the doctor refused and even withdrew the medication dispensed to him.

The victim appeared in court on the 29th. His lawyer discovered that he had not been charged with the possession of Kasippu but with the possession of an illegal substance called ‘goda’ used to distil Kasippu which was a much graver charge. The victim pleaded not guilty. The lawyer informed court that the victim had been severely assaulted by the police who had now fabricated charges against him. The Magistrate asked the victim if he had any injuries. In reply the victim showed the Magistrate contusions visible on his body. However the Magistrate did not make any direction that he be taken to hospital or medically examined. The victim returned home and decided to seek medical treatment from another private dispensary.

To date, more than 2 weeks after the incident, the victim’s body still shows marks of the police assault (To see the photo). He also complains of pain and disability of his right shoulder and hand. The victim was brought to a local Human Rights Organisation, Janasansadaya (People’s Forum) by a kindly villager. The organisation immediately rushed the victim to the Nagoda Hospital for treatment. They also made provisions for him to be medically examined by a specialist at the Karapitiya Teaching Hospital where the severity of the injuries was confirmed by the Judicial Medical Officer (JMO).

The victim is a manual worker and illiterate. He had been orphaned since he was 3 years old and has no family or relatives of his own. Currently, he is no longer able to pursue even the only meagre livelihood he had due to the several bodily injuries and persistent pain caused by the police torture. As such he has now been rendered truly destitute.

The victim has now complained in writing inter alia to the Chairperson—Human Rights Commission of Sri Lanka, the National Police Commission, the Inspector General of Police (IGP) and other relevant authorities. In his correspondence he has urged that the severe police assault on his person, illegal arrest and detention as well as the fabrication of charges is a violation of his fundamental rights guaranteed under the Sri Lankan Constitution and as such it is the duty of these authorities to take stern disciplinary and legal action against the Badureliya Police. He has also demanded that he be afforded medical treatment and also that he be adequately compensated.

The AHRC urges all relevant Sri Lankan authorities to cause an immediate investigation and inquiry into the incident and forthwith take stern disciplinary and legal action against the alleged perpetrators. The AHRC also urges that authorities to afford medical treatment for the serious injuries caused to the victim and adequately compensate him, for the loss of livelihood, as well as the physical and mental trauma caused to him by agents of the state. Lastly the AHRC is perturbed about the shocking disregard of the Magistrate even after such a brutal incident was brought to the court’s attention and the victim had showed his injuries. Therefore the AHRC calls upon the Judicial Service Commission to take disciplinary measures against the said Magistrate and also ensure – through appropriate training and awareness-raising – that members of the judiciary act with more responsibility and sensitivity towards victims of police torture and other forms of police ill-treatment.

SUGGESTED ACTION:
Please write to the relevant authorities listed below and urge them to take immediate legal and disciplinary action against the alleged perpetrators, who illegally arrested and tortured the victim, causing him severe injuries. Please also urge them to ensure that the victim is afforded medical treatment for his injuries and that he is paid appropriate compensation for the gross violation of his fundamental rights.

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