SRI LANKA: Two young men severely tortured and falsely charged by the Panadura North police 

Dear friends,

The Asian Human Rights Commission (AHRC) has received information that two young men were severely tortured by the Officer-in-Charge (OIC) of the Panadura North Police Station and falsely charged with theft on 16 February 2005. It is reported that one of the men, W. Inuka Prasad Kumara Alwis, had a dispute with his neighbour who filed a complaint against him at the Panadura North Police Station (Keselwatte). The police tortured the victims before any proper investigation are conducted. It is believed that the complainant (the neighbour) has a good connection with the police.

The Panadura North Police Station is notorious for torture and fabrication of charges; the AHRC reported in February 2005 about the illegal arrest and detention of a man and his appearance before a Magistrates Court on fabricated charges, following his lodging a complaint against a criminal who has alleged connections with the Panadura North police. (UA-22-2005) There was another case of illegal arrest and torture of a 21-year-old man by the Panadura North Police Station on 5 November 2004 (UA-161-2004).

Your urgent action is needed to pressure the government of Sri Lanka to investigate this case and to take legal/disciplinary action against the OIC for torture and fabrication of charges against the victims. Please also urge the government to take genuine and realistic action to implement the CAT Act to put an end to torture in the country.

Urgent Appeals Desk
Asian Human Rights Commission (AHRC)
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DETAILED INFORMATION:

Name of the victims:
1. W. Inuka Prasad Kumara Alwis, 26 years old, married with one child, residing at 318/38 A, First Lane, Gorakana, Keselwatte
2. Sithura Nissanka (the friend of victim No. 1)
Alleged perpetrators:
1. Officer-in-Charge (OIC) Prasanna of the Panadura North Police Station (Keselwatte)
2. Police Constable No. 22197 attached to the Panadura North Police Station.
Date of incident: 16 February 2005

W. Inuka Prasad Kumara Alwis had a dispute with his neighbour and the neighbour filed a complaint against him at the Panadura North Police Station (Keselwatte). On 15 February 2005, three policemen from the Panadura North Police Station, including the Officer in Charge (OIC), came to Mr. Alwis’s house. Mr. Alwis was not at home at that time. The police then told Mr. Alwis’s wife to inform her husband to report to the police station the next day.

On 16 February 2005, Mr. Alwis went to the police station with four of his friends as instructed by the police. While three of his friends stayed outside, one friend named Sithura Nissanka accompanied Mr. Alwis inside the police station. Police Constable No. 22197 began to inquire about a man named Jeevantha and his brother-in-law Rohan. When Mr. Alwis replied that he did not know where Jeevantha lived, the constable threatened him. Sithura Nissanka then asked the constable, “Inuka does not know that person. But why are you arresting him instead of Jeevantha?”

Overhearing this conversation, the Officer in Charge (OIC) Prasanna ordered the constable to bring Mr. Alwis and Sithura Nissanka to his room. As soon as they were brought to the OIC’s room, the OIC slapped the victim’s face hard and shouted saying, “Are you trying to be difficult?” The OIC also assaulted Sithura Nissanka. He stopped assaulting them only when Mr. Alwis told the OIC that he was suffering from a chest ailment. But the OIC threatened the victim by mentioning underworld characters saying, “Ask their minions about me, they know me well.” He continued to threaten the victim boasting how he had broken one person’s arm and shot another person. The OIC then told Mr. Alwis to leave the room while Sithura Nissanka was further inhumanly tortured by the OIC for a while.

According to Mr. Alwis, the complainant (his neighbour) was present at the police station and watched him and his friend being tortured by the OIC. Mr. Alwis was later brought to the OIC’s room again, where the OIC threatened to falsely charge him of bomb possession by planting a bomb in his possession. He demanded Mr. Alwis to apologize to his neighbour.

After he did so, Mr. Alwis was told to give a statement and leave. But Sithura Nissanka was still detained at the police station. Before Mr. Alwis left the police station, the police wrote down his and his friends’ addresses and ordered them to report to the police station every Saturday, saying that they were suspected of stealing from the complainant, which is not true. The policeman then told the complainant to “leave without fear and promised to provide him with police protection henceforth”.

When Mr. Alwis was about to visit Sithura Nissanka at the police station that same evening, a jeep belonging to the Panadura North police stopped close by. There were four policemen and family members of the complainant in the jeep. One of the policemen told Mr. Alwis sarcastically, “You are trying to be a big man, aren’t you? Why are you harassing these people?” Mr. Alwis replied that he was just going to visit his friend in police custody. They laughed and went away. Mr. Alwis alleged that his neighbour has a good connection with the police, ensuring that he and his friend were severely tortured before any proper investigation into the complaint was initiated.

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