SRI LANKA: A man tortured after illegal detention by the Panadura Police

Dear friends,

The Asian Human Rights Commission (AHRC) has received information regarding the inhuman torture of a man by the Panadura Police in the Kalutara District. When he tried to lodge a complaint, the police refused it and instead arbitrarily locked him up. He was then dragged to a shed outside and mercilessly assaulted and kicked on the spine by several policemen while he lay helplessly on the floor. When he complained to the higher authorities about this, the Super Independent Police of Panadura called him for an inquiry and recorded his original complaint, but advised him against mentioning the police assault. The police also filed an allegedly fabricated criminal case against him – probably because he dared to complain.

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

On 8 September 2007 according to the victim S. Siripala, while he was inside his newly built house – to which he had not moved in yet – a group of men had arrived, removed the grills from his house, smashed goods inside, assault him and left. Frightened, the victim ran away and hid; but he continued to observe his house in case the attackers returned. About 3:00pm, that same day he went to the Panadura Police Station to lodge a complaint. But a policeman therein informed him, his complaint could not be recorded and to go away and come back next morning.

The victim returned to the home he was currently residing. The next morning, September 9 he went to his new house when he saw a man known as ‘Rathu Aiya’ (Red Brother) hovering about with a sword-like weapon in his hand. It looked awfully like this man was waiting for the victim. So the victim had surreptitiously come from behind grappled for the weapon in Rathu Aiya’s hand and assaulted him. The victim immediately thereafter went to the Panadura Police Station, reported the incident and surrendered himself to the police.

The victim says that there was a dispute over a land between himself and Rathu Aiya that is, over the ownership of the land on which he was building his new house. But he had been instructed to build his house by the Panadura Police and this he informed the Panadura Police HQI (Head Quarters Inspector). The HQI had instructed another policeman to ‘look into the matter and take down the complaint’. Contrary to instructions however, this policeman did not ask any questions nor write anything down. But the victim was kept waiting at the police station for more than one hour after which another policeman took him and unceremoniously threw him into a police holding cell – until the following day morning, September 10.

On 10 September 2007, about 9:00am, 3 policemen visited him and saying he was to be taken out of the cell, pulled the victim by his shirt collar and smashed his head against the iron bars of the cell. The policemen then escorted him to a shed within the station premises and ordered him to lie down on the floor. Then one policeman hammered him with a wooden pole while another assaulted him with a hosepipe. While this brutal assault was taking place, 2-3 other policemen came to where the incident was taking place. One policeman said, ‘this is not the way to hit him’ and viciously kicked the victim on his spine with his policeman’s boots. The kicking continued for some time, while the victim screamed in pain. He pleaded with them to stop torturing him this way but they only trampled his body and continued kicking and beating him.

The victim says that after the torture, he was unable to stand up on his feet or walk; and he suffered from unbearable pain in his entire body. But the policemen just demanded that he stand up and dragged him to the holding cell. About 3:00pm, the victim was taken to ‘lodge a complaint’. But instead a complaint was written down by the police and the victim was forced to place his signature to the document. 

Later that day, the victim was produced before a magistrate court but he was unable to obtain bail because his wife (who intended to appear as the surety) had not brought her National ID card. The victim also courageously informed the court that he had been assaulted by the police to which the magistrate queried whether he could identify those who assaulted him. He replied in the affirmative. The magistrate then ordered him to be warded in hospital. Accordingly the victim was admitted to hospital by prison officials and received medical treatment for his injuries for two days. He told the doctor who examined him that he was assaulted by the Police. He also told the Judicial Medical Officer (JMO) who examined him about the police assault. According to the victim, to date he finds it difficult to both stand and walk and as result his livelihood as a labourer is seriously jeopardized. On 12 September 2007 the victim was discharged from hospital after he was given bail.

On 11 September 2007 the victim’s wife, H Chandrani via fax, complained to the Human Rights Commission, National Police Commission, Inspector General of Police (IGP) and Senior Superintendent of Police (SSP) Panadura about the inhuman police assault on her husband. Later the victim says that probably in revenge for complaining the Panadura Police had allegedly fabricated a criminal case (no 74940) against him.

On 13 September 2007 the victim’s physical condition worsened and he had to be re-admitted to hospital – this time to the Kalubowila Hospital, ward No. 27. Again, the victim had informed the doctor as well as the JMO who examined him about the police assault and also gave details to the Hospital Police, who took a statement from him. He was discharged from hospital on the September 14.  Ever since, the victim continuously takes native (Ayurvedha) medicine for the pain and injuries resulting from the police torture. 

Thereafter, consequent to the complaint made on his behalf, the Senior Superintendent of Police (SSP) – Panadura requested him to present himself at an inquiry into the incident to be held on 20 September 2007. At the so-called inquiry, the SSP told him to lodge a complaint regarding the damages caused to his house but to omit mentioning the police assault. The policeman recording his complaint reiterated the same advice and recorded a compliant minus details of the police assault. So on 21 September 2007, a written complaint against the SSP-Panadura was made to the Chairman of Human Rights Commission, Chairman of National Police Commission, and Inspector General of Police. In his complaint, the victim requested that these authorities immediately inquire into the incident and take appropriate disciplinary and legal action against:

(a) the policemen attached to the Panadura Police station for their inhuman and brutal treatment of the victim and also for fabrication of charges;

(b) the SSP-Panadura for his aforementioned unprofessional and unethical conduct.

The victim also demands that he be afforded justice including compensation for all the physical, mental, economic and social consequences he has suffered and in fact continues to suffer as a result of the police assault.

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 detained and severely tortured the victim, causing him serious injuries as well as the SSP-Panadura for his unprofessional conduct. Please also urge them to ensure that the victim is afforded proper medical treatment for his injuries and that he is paid appropriate compensation for the gross violation of his fundamental rights.

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