SRI LANKA: Police brutality, threat and torture against civilians

SRI LANKA: Police brutality, threat and torture against civilians

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– Names of victim: Arthur Vithanage (60) and Anusha Vithana (20), father and daughter, No. 504, Aluthgampara, Ovitigala, Matugama

– Date of the incident: 30 June 2002

– Perpetrators: Officers attached to Matugama Police Station, including Sub-Inspector Thennekone, Sergeant Ajith Vithana, PC 26166 Liyanage and PC 13543 Anil in the presence of about 15 others.

CASE DETAILS

At about 1:00pm the group of police officers arrived at the house of Arthur Vithanage in police jeep no. GB-8466. Only the driver wore a uniform. Sub-Inspector Thennekone entered the property saying, “You prostitute dog (‘Tho vesa balla’), where is Jayantha?” [Jayantha is the son of Arthur Vithanage]. Arthur was beaten with a club and was dragged to the back of the house. While he was dragged he fell down several times. He was pulled up each time he fell down and was beaten up. As the father was been beaten his daughter Anusha ran towards him. Sergeant Vithana beat her with a baton saying, “Go, prostitute girl, find your brother” (‘Palayan vesa kelle, ayyawa gihin hoyapan’).

Arthur was dragged into the back of the house and beaten by both Sub Inspector Thennekone and Sergeant Ajith Vithana. The officers remarked, “Let us beat and break the leg of this old felllow, then his son will come running from where ever he is”. When his daughter again intervened saying, “Do not hit my father”, Sub Inspector Thennekone beat her and pushed her. Arthur was then dragged while being beaten to the police jeep by Sergeant Vithana, who shouted, “Get in, you son of a prostitute.” and pushed him inside the police jeep. He was beaten inside the police jeep also, and his head was pushed onto an iron bar. Sergeant Vithana further threatened Anusha, “This old fellow and you, both will be put inside the house and will be burned.” Sub-Inspector Thennekone threatened to rape and kill her and said, “We will kill her after playing with her.”

Sergeant Vithana further beat Arthur after taking him to the police station. Then he was put inside a police cell. He was taken out only on July 1 at about 12:30pm. He was threatened that his son’s hands and legs would be broken. He was told to sign a statement and then put back in the police cell again.

Authur was produced before a magistrate at about 2:00pm the same day, with the charge of helping a suspect escape, and the magistrate gave him bail.

Arthur entered the hospital the same day and was hospitalized till July 3. While in hospital he made a complaint to the hospital police. Later he made complaints to the Assistant Superintendent of Police, Kalutara, the Inspector General of Police and the Human Rights Commission of Sri Lanka. However, no action has been taken by any of them regarding this complaint.

According to the medical report issued by the Medical Officer (Medico Legale) at Kalutara General Hospital, Arthur has the following injuries.

External injuries

Ex (1) 2’2″ contusion situated back of the right leg

Internal injuries

Int (1) Fracture and dislocation of distal pholanx of middle finger of right hand

SPECIAL INVESTIGATIONS (X-RAY ETC)

X-ray right hand (19202)

OPINION

Fracture and dislocation of distal pholanx of middle finger

1, Non grievous injuries (Nos) Ex (1)

2. Grievous injuries (Nos) Int (1) Limb under section 311 of penal code (g)

3. Injuries sufficient in the ordinary course of nature to cause death (nos)

4. Injures caused by (a) Blunt Weapon, Nos – Ex (1) Int (1)”

Anusha has taken Ayurvedic treatment for her injuries and pains.

The treatment of both Arthur and Anusha is one more instance of Torture, Cruel, Inhuman and Degrading Treatment and Punishment by the Sri Lankan police. Sri Lanka’s law against Torture (Act No. 22 of 1994) remains only in the books, and meanwhile police officers behave brutally against civilians.

The Asian Human Rights Commission condemns (AHRC) both the police and the Government of Sri Lanka for this incident and many other similar incidents routinely occurring in the country. That police officers who commit such acts remain law enforcement officers is not just surprising but truly shocking. Before anything else, the Sri Lankan government must rid its law enforcement agencies of persons who do such barbaric acts and blatantly violate the law. A heavy burden lies with the country’s Attorney General – under who there is branch to prosecute torture perpetrators – to act decisively.
 

ACTION REQUESTED

Please write to the prime minister, the inspector general of police (IGP), the attorney general and express your concern about the practice of torture in criminal investigations by the police and to urge them to investigate immediately, and to arrest the perpetuators of this case.
 

 

 

 

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