SRI LANKA: Two more police torture cases; Case of E. Amal Fernando by the officers from the Kalutara Police Special Operation Unit and Case of U.L. Don Sumith Chandana by the Bentota Police

Dear friends,

The Asian Human Rights Commission (AHRC) has received information of two more cases of police torture in Sri Lanka. It is reported that both victims, Mr. Amal Fernando and Mr. Chandana were illegally detained and tortured: Fernando by the Kalutara police on 19 January 2004 and Chandana by the Bentota police on 16 April 2004. Chandana was further prosecuted on false charges.

AHRC is deeply concerned with the continued torture committed by the Sri Lankan police and the impunity granted to them. Your urgent action to intervene in these cases is required.

Thank you.

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

Case 1, 19 January 2004

Name of the victim: Embathanthirige Amal Fernando, 22 years, owner of animal husbandry farm at Hirigalgodella, Nagahaduwa, Payagala
Alleged perpetrators: Sub Inspector Perera, Security Assistant Ranathunga and five other officers attached to the Kalutara Police Special Operation Unit, Kalutara 

E. Amal Fernando runs an animal husbandry farm, in front of his home. On 19 January 2004, when he was working on his farm at about 12noon, three persons in civil clothes came and asked him who made kassippu (illicit alcohol) in the locality. When Fernando answered negatively, they told him they were from the police and started assaulting him on his hand, chest, legs and back using one wooden and one iron bars. 

Sometime later, five other persons in civilian clothing came to the farm. Fernando was made to stand up and was taken to a police vehicle nearby, whose driver was dressed in police uniform. He was taken to about four places in Maggona, before he was finally taken to the Kalutara North police station. After about 20 minutes he had been taken to a private house at Shiyk Noordeen Road-Katukurunda, Kalutara, where the private dispensary of Dr. Mubarak (the Judicial Medical Officer of Nagoda General Hospital) was situated. The doctor examined him without asking any questions and filled out a form given by the police officer. Fernando was taken back to the Kalutara North police station and put into a cell.

At about 9.30 pm he was finger printed and released. His right hand was injured and swollen at the time of release. Fernando then got himself admitted to the Nagoda hospital and informed the hospital authorities that he was assaulted by the police. The next day, 20 January 2004, an officer attached to the Hospital Police Post, Nagoda General Hospital took Fernando’s statement and on January 21 JMO Dr. S.Hemantha H.De Silva examined him. Fernando was discharged on the same day. However, on January 22 he was readmitted to the hospital due to his ill condition, and stayed there until January 26. He is now taking Ayurvedic treatment.

Although he was asked to appear in the court on January 26 by the Kalutara North police, he had not done so as he was in hospital and had informed the courts accordingly. He was then noticed to appear in court on 9 February 2004. Since then, no action has been taken against the police officers who committed this grave crime. The National Human Rights Commission has informed Fernando that his complaint was registered. However, no proper inquiry has yet begun.

Case 2, 16 April 2004

Name of the victim: Ukwatte Liyanege Don Sumith Chandana, 29 years, a tourist guide at Robolgoda, Bentota
Alleged perpetrators: Sub Inspector (S.I.) Silva, Bentota Police, Sergeant 22302, Bentota Police, P.C. Sunil, Bentota Police 

On 16 April 2004 at about 8.30a.m.S.I. Silva and Sunil of the Bentota police had visited Chandana’s residence in a jeep and told Chandana’s mother to produce him at the police station at about 5p.m. Acting on that message, Chandana went to the Bentota police station with his mother at about 11.30 am. His mother was asked to go while S.I. Silva detained Chandana. After his mother left, he was asked to sit next to police sergeant-22302. After about 10 minutes, officer Sunil took him to a room near the kitchen, where sergeant-22302 was also present. Chandana was then asked to remove his clothes: he removed all except his underwear.

He was asked to lie on a bench, and his legs were wrapped with his denim trousers and tied with his belt and a nylon rope. One officer held him by the hand, whom he can identify if seen again. Sergeant 22302 then assaulted him on his soles by a bar 4 feet long, for about one and a half hours. At about 1.30 pm S.I. Silva, Sergeant-22302 and two others (whom he can identify if seen again) took him to the beach. He was brought back to the police station after about 20 minutes. 

The following day, April 17, at about 10:30 am S.I. Silva went to Chandana’s home and told his mother to come to the police station within 15 minutes. When his mother came at around 10:45 am, Chandana was handed over to her at about 11:00 am and was told to hand him over to the police again in the evening at around 4:00 pm. Before they left the police station Chandana and his mother were threatened that if they complained against the police, Chandana would be killed, wherever he was.

At about 4:00 pm on the same day, Chandana returned to the police station with his mother and was put into a cell. He was taken out of the cell at around 9:00 pm at night and was allowed to sleep on a bench. He was detained at the police station the following day, January 18, as well. On April 19 at about 12:30 pm Chandana was produced before the Balapitiya Magistrate. A false charge had been made against him, that he had stolen the belongings of a foreign tourist.

Attorney at law, Mr. Carlton Silva appeared on his behalf. He informed the court that Chandana was assaulted and detained by the police for about three and a half days. He has now been released on bail and has to appear in court on 17 August 2004. His court case number is 65800. Later Chandana was admitted to the Nagoda General Hospital, where he was treated as an in-patient in ward no. 52B.

SUGGESTED ACTION:
Please write a letter to the authorities below expressing your concern regarding these two cases of torture and police behavior.

1. Ms. Chandrika Bandaranaike Kumaratunga
President
Democratic Socialist Republic of Sri Lanka
Presidential Secretariat
Colombo-1, Sri Lanka
Fax: +94 11 2 333 703

2. Hon. Mr. K. C. Kamalasabesan 
Attorney General 
Attorney General’s Department 
Colombo 12 
SRI LANKA 
Fax: +94 11 2 436 421 
Email: attorney@sri.lanka.net or counsel@sri.lanka.net

3. Mr. Ranjith Abeysuriya PC 
Chairman National Police Commission 
69-1 Ward Place, Colombo 7 
SRI LANKA 
Fax: +94 11 2 669 128 / 691 926 
Fax HOME: +94 11 2 674148

4. Inspector General of Police (IGP) 
New Secretariat 
Colombo 1, 
SRI LANKA 
Fax: +94 11 2 381394/ 446174 

5. Dr. Radhika Coomaraswamy
Chairperson 
National Human Rights Commission of Sri Lanka 
No. 36, Kynsey Road, Colombo 8 
SRI LANKA 
Tel: +94 11 2 694 925 / 673 806 
Fax: +94 11 2 694 924 / 696 470 
E-mail: sechrc@sltnet.lk

6. Mr. Theo C. van Boven 
Special Rapporteur on the Question of Torture 
OHCHR-UNOG, 8-14 Avenue de la Paix
1211 Geneva 10
SWITZERLAND 
Fax: +41 22 917 9016 

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