SRI LANKA: Illegal detention, torture and fabrication of charges by the Wanduramba police 

Dear friends,

The Asian Human Rights Commission (AHRC) writes to inform you of a situation regarding B. Nimal, who was illegally detained by the Wanduramba police because his son had disappeared with a young lady. It is suspected that the parents of the lady influenced the police into detaining Mr. Nimal for the purpose of obtaining the whereabouts of his son (and the lady).  Whilst in detention, Mr. Nimal was brutally tortured by the Officer-in-Charge of the Wandurambura police station and then implicated on false charges. Furthermore, the conduct of the Galagedera Acting Magistrate, Ms. Buddhika J. Edirisinghe is highly questionable.

On 18 December 2005 at about 9:30pm, several policemen from the Wanduramba police station visited Mr. B. Nimal’s home and demanded to know the whereabouts of his 23-year-old son. The police informed Mr. Nimal that his son had run away with a young woman and gave Mr. Nimal two days to produce his son at the police station.

Thereafter, on December 22 between 10:30-11:00pm, while Mr. Nimal, his wife and younger son were asleep, the police again visited their home and knocked on the door. Mr. Nimal opened the door and saw two policemen at his doorstep, one in uniform and one in civilian dress. The one in uniform asked Mr. Nimal “where is your son?” Mr. Nimal replied that he did not know where his son was. The police then insisted that in the absence of his son he had to accompany them to the police station and then forced Mr. Nimal into their vehicle. When his wife pleaded with the policemen not to arrest her husband, they told her to go to the police station the next morning to claim her husband. Mr. Nimal was then taken to the Wanduramba Police Station.

The policemen, who escorted Mr. Nimal, took him to the Officer-in-Charge (OIC) and said, “Here sir, we brought him.” The OIC asked, “Where is your son?” Mr Nimal reiterated that he did not know. The OIC then began assaulting him in the most brutal and inhuman fashion all the while demanding to know the whereabouts of his son. Mr. Nimal pleaded with the OIC not to hit him as he did not know where his son was. But the OIC insisted that he knew and continued to torture him. The OIC, then grabbed Mr Nimal by his shirt collar and lifting him, threw his body against the bars of the holding cell. According to Nimal, his head and spine slammed against the bars causing him unbearable agony. The OIC had then pushed him into the cell and slammed the door shut.

Mr. Nimal was locked up until the evening of the following day (December 23). When his wife visited him, she too was forced on to a bench and detained at the police station by the OIC. At about 4:30pm, both their statements were recorded and they were forced to sign them without knowing what the police had written. They were then taken to the Beddegama Magistrate’s Court and as the Magistrate was absent, they were then produced before the Galagedera Acting Magistrate, Ms. Buddhika J. Edirisinghe. Though the victims attempted to explain matters, they were remanded for more than a week until 2 January 2006.

Ms. Buddhika J. Edirisinghe, who was acting magistrate on the day Mr. Nimal and his wife were produced before the Beddegama Magistrate Court, is now representing Mr. Nimal and his wife at the bail hearing. The ethical conduct of the legal professional is highly questionable as she first appeared in the capacity of the magistrate and then as counsel for the victims. Ironically, they were charged with some offence, of which neither had any idea and strangely, their lawyer did not take the trouble to inform them of the details. The next court date is fixed for 18 September 2006.

According to Mr. Nimal, the problem began when his 23-year old son fell in love with an 18-year-old girl whose parents opposed the relationship. They then ran away together and got married. He strongly believes that the girl’s relatives had unduly influenced the Wanduramba police to harass him and his wife. Finally on 25 December 2005, Mr. Nimal’s son and his bride visited his parents’ home. That day, a policeman named Samaranayake from the Wanduramba police came to their home and took away their marriage certificate. When they requested that he return the certificate, the policeman told them that he had handed it over to the courts.

To date, Mr. Nimal and his wife are unaware of the charges against them. When they requested a copy of the court record from their lawyer, she did not oblige. When they attempted to obtain the records directly from the court registrar, the registrar also refused. Thus, Mr Nimal and his wife are wondering how they can successfully face up to the charges filed against them, if they are unaware of what they actually are. They now strongly believe that the police, together with the lawyer and court staff, are attempting to thwart justice.

Therefore on behalf of the victims, the AHRC urges that:

1. Immediate investigations are conducted into the conduct of the Wanduramba police to inquiry on what basis they arrested and detained Mr. Nimal and his wife for the marriage of their son, which was a matter between consenting adults and within the confines of the law;
2. Immediate legal and disciplinary action is carried out into the brutal torture of Mr. Nimal;
3. The perpetrators are indicted under the CAT Act, (Act No 22 of 1994);
4. An inquiry into the ethical conduct of acting magistrate cum lawyer Buddhika J Edirisinghe is conducted;
5. The victims are afforded a copy of the case records;
6. The Human Rights Commission of Sri Lanka begin an immediate inquiry into the incident and offer compensation to the victims for the physical and mental suffering caused by the police.

SUGGESTED ACTION:
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