SRI LANKA: Another illegal arrest and torture case where a person is declared innocent after severe torture

SRI LANKA: Another illegal arrest and torture case where a person is declared innocent after severe torture

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Eric Antunia Kramer, a 43-year-old father of three children, is a welding mechanic for the Ceylon Grain Elevators Ltd., which is located at Rock House Lane, Colombo 15. He has been employed by this company since 1995. The Singaporean-owned Company, which produces poultry food, complained of an attempt to break into the company’s safe by an unknown burglar.

It appears that Eric, a Eurasian, was tortured for two days on May 28 and 29 to determine whether he was involved in this attempted burglary. When the police found out that he knew nothing about the attempted burglary, he was released without any charge being filed.
 

CASE DETAILS

At about 4:30 p.m. on May 28, 2002, Eric was asked by Mr. Piyadasa, a company security officer, to identify two oxygen cylinders that are used for welding, which Eric did. Two other members of the company, Neil Jayaweera and Stanley Christopher, and a police subinspector from the Mutuwal police station also questioned him inside an office of the company’s security division about how these oxygen cylinders that could have been used in the attempted burglary were found on the fourth floor of the company. Eric responded that he did not know. He was then taken to the Mutuwal police station in a jeep at about 6:00 p.m. and began to be tortured about an hour later.

The officer in charge (OIC) of crimes, the subinspector who arrested Eric and two other officers (who can be identified if wearing civilian clothes) began to torture him. The subinspector beat Eric with a leather belt all over his body except his head, and the OIC of crimes slapped him and kicked him twice. He was then held by his hair and taken near the window from where Stanley Christopher could see that Eric was beaten by all four of the police officers.

Afterwards, Eric was taken to another room by the subinspector and two other officers, told to lay down and beaten on the soles of his feet and all over his body with a leather belt and wooden poles for about two hours. At about 2:00 a.m. on May 29, the OIC of the police had become drunk and put the leather belt around Eric’s neck, tightened it and threatened him: “Tell the truth, or you will be killed.” The next day, May 30, Eric was released by the police at about 9:45 p.m.

On June 3, Eric was taken to the Weralabadda police station where a statement was recorded by a police officer named Perera, and he was kept at the police station overnight. He was questioned by the OIC of that police station at about 10:00 a.m. on June 4. At about 5:00 p.m., this officer called Eric again and told him that he was no longer a suspect in any investigation.

Eric of 489/1, St. Sebastian Mawatha, Katunayake, is still suffering from the torture inflicted on him as he presently cannot walk properly because of the beatings on the soles of his feet and he has heart pains. Consequently, he has gone to a private hospital where he has received medical tests, and the medical investigation is continuing. Meanwhile, Eric has made a complaint to the chief justice and other authorities.
 

ANALYSIS

The Asian Human Rights Commission (AHRC) has now reported several cases in Sri Lanka that reveal a pattern of using torture as a means to violently try to gather information related to criminal investigations. People are tested about their involvement in crimes by putting them under the test of torture. Eric¡¯s case is a continuation of this trend.

In Sri Lanka, torture is a crime under Act No. 22 of 1994 with a minimum sentence of seven years and is also a violation of a person¡¯s fundamental rights. However, there is no proper investigation system to prosecute people for this crime, and there is no mechanism for compensating victims. After being tortured, people like Eric are simply declared innocent and are left to take care of themselves.

The Sri Lankan authorities must be urged to investigate the common practice of torture that is being employed in the country¡¯s police stations, to take legal and disciplinary action against the perpetrators and to formally notify senior police officers to supervise their police stations. As none of these actions are presently taking place despite many complaints and protests, the Sri Lankan government must be seriously condemned for its failure to protect its citizens and its failure to honour its international obligations.
 

ACTION REQUESTED

Please write to the Sri Lankan government and urge them to take the following action:

1. Inquire into this complaint

2. Prosecute the officers involved under the Prevention of Torture Act No. 22 of 1994

3. Pay for the medical costs and provide adequate compensation to the victim

4. Urge them to implement Act No. 22 of 1994 that prescribes imprisonment for seven years for torture.
 

 

 

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