SRI LANKA: Torture of a young man and fabrication of charges by Kiriella police 

Dear friends,

The Asian Human Rights Commission (AHRC) has received information regarding the torture of Mr Dassanayakage Chintaka Deshapriya (32) by Kiriella police on 2 February 2005. In an attempt to implicate the victim in the sales of illicit liquor, for which he had no involvement, Kiriella Police brutally assaulted Mr Deshapriya and detained him in police custody for a day. Upon release, Mr Deshapriya required five days hospitalisation due to the injuries he received. He then presented himself to the local Magistrates Court, as told to do so by the Kiriella Police, only to discover that the case had in fact not been called before the court.

Such behaviour by police is not new to Sri Lanka. Custodial torture has become commonplace in the country where the rule of law has entirely collapsed. Police personnel act in such a manner because the impunity that exists within the country’s police force allows them the freedom to do so. It is only with the intervention of the international community that this situation will change.

We therefore ask you to write to the relevant authorities listed below and demand change. In the case of Mr Deshapriya, please write to authorities urging them to have an impartial and thorough inquiry conducted and take disciplinary/criminal action against responsible police officers. The victim and his family must be provided with full protection while the investigation is taking place. Finally, please urge the Government of Sri Lanka to take effective and realistic action to implement the provisions of the CAT Act no. 22 of 1944 and to establish a witness protection program for the safety of all witnesses.

Urgent Appeals Desk
The Asian Human Rights Commission
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DETAILED INFORMATION:

Name of victim: Dassanayakage Chintaka Deshapriya, 32-years-old, married with two children
Alleged Perpetrators: 1) Officer in Charge of the Kiriella Police Station; 2) Sub Inspector Mayadunne of the Kiriella Police Station; 3) Constable Ramanayake (R7439) of the Kiriella Police Station
Date of incident: 2 February 2005
Place of incident: Kiriella Police Station

On 2 February 2005, at about 8:45am, Mr Dassanayakage Chintaka Deshapriya went to visit his friend Ariya Kumara, who was in custody at the Kiriella Police Station. Mr Kumara’s wife was also at the police station at the time. After meeting with his friend and as he was about to leave, Mr Deshapriya was beckoned to a room by Sub Inspector (SI) Mayadunne and Constable Ramanayake. Both policemen were in civilian clothes at the time. When Mr Deshapriya approached the room, SI Mayadunne grabbed his shirt collar and struck him hard on both sides of the face. Almost immediately, Mr Deshapriya was hit from behind with a pole. When he turned to see who had hit him, he saw Constable Ramanayake standing nearby with a pole in his hands. Constable Ramanayake then proceeded to further hit Mr Deshapriya with the pole, striking him at different parts of the body. The victim was in unbearable pain and noticed that he was bleeding. Constable Ramanayake then dragged Mr Deshapriya by the shirt and threw him in a cell.

While in the cell, the policemen informed Mr Deshapriya: “we are now going to bring two bottles of Kasippu (illicit liquor) and put your seal on them”. They then took two bottles of Kasippu and forcibly obtained Mr Deshapriya’s fingerprints. They also took a book into the cell and forced Mr Deshapriya to sign it. Finally the policemen threatened him that if this did not work, they would keep him in custody.

Meanwhile, Mr Kumara’s wife had informed Mr Deshapriya’s family of his assault at the police station. His wife and brothers then immediately went to the police station. Though they pleaded with the police to release Mr Deshapriya, the police said they would not do so until the Officer in Charge (OIC) arrived. Not until 7:00pm that night did the OIC arrive. The same please was then made to the OIC. Finally, after much delay, Mr Deshapriya was released at 10:00pm. Of his detainment, Mr Deshapriya said: “they (the police) did not record any statement from me. When they eventually released me they only once again obtained my signature on some printed pages. The policeman who obtained my signature told me to attend court on 8 February 2005”.

After arriving home, Mr Deshapriya continued to suffer in pain from his injuries. His body was swollen and he was suffering from several injuries. The next day, February 3, he went to the Horana Hospital to seek medical treatment. After explaining to the doctor that the police assaulted him, the doctor examined his body and admitted him to hospital. He remained in hospital for five days receiving medical treatment for his injuries. On February 5, the Judicial Medical Officer (JMO) examined Mr Deshapriya and recorded his injuries. Mr Deshapriya claims that he made the JMO aware of the fact that it was the police who were responsible for his assault. On February 4, the victim’s mother visited the Superintendent of Police, Ratnapura and complained about the assault carried out on her son. However, no serious action has been taken to investigate the incident. According to Mr Deshapriya, although he attended the Ranapura Magistrate’s Court on February 8, as demanded by the police, his case had not been called before the court.

SUGGESTED ACTION:
Please send a letter, fax or email to the authorities listed below and express your concern about this matter.

 

 

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