SRI LANKA: Need for inquiry into police and inquiring officers conduct in investigating a torture victim’s complaint 

Dear friends,

The Asian Human Rights Commission (AHRC) has received information regarding misconduct displayed by a police official and an officer of the National Human Rights Commission (NHRC) during its investigation into the complaint of torture victim Bernard Janapriya (32). Janapiya filed a complaint against a sergeant and 2 policemen for assaulting him on 10 February 2005.

The NHRC acted on Janapriya’s complaint and directed its inquiring officer to investigate. However, the officer assigned allegedly harassed the victim with his ‘hostile manner and of asking irrelevant questions’. The police official likewise compromised the victim’s safety by requesting him to identify the perpetrators in a police line-up, despite having already named them in his complaint. Janapriya’s experience seriously compromises the outcome of investigations.

We ask for your immediate intervention in this matter by requesting the National Human Rights Commission (NHRC) to consider replacing its inquiring officer handling the case, so as to ensure impartiality. They must also look into complaints of misconduct displayed by their officers and consider imposing disciplinary sanction. Likewise, please ask the National Police Commission to look into the inappropriate conduct by the police official who compromised the victim’s safety.

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

Name of the victim: W.G.G.A. Bernard Janapriya (32), single, a volleyball coach at Mahinda College, Galle.
Perpetrators:  Sergeant Chaminda and 2 other policemen from Agaliya police.
Date of incident: 10 February 2005 at 5:30pm.

Background of the case:

Bernard Janapriya (32) filed a complaint against a police sergeant and two other policemen from Agaliya Police Post for attacking him with no justifiable reasons at 5:30pm. on 10 February 2005. Janapriya believe he was attacked simply for wearing tracksuit while on a field attending to his cattle near his home. The police, however, pushed hard to implicate him for selling liquor and planted evidence on him to justify their acts of assaulting him.

Janapriya said three policemen, one of whom was later identified as Sergeant Chaminda from Agaliya Police, accosted him without any reasons. The policemen were riding on their bicycles. Two suddenly assaulted him. They punched and kicked him several times. Chaminda also hit him on the head. They insisted the victim was selling liquor and forced him to give them a bottle of liquor. However, as Janapriya did not have any alcohol, the police planted a bottle of kasippu liquor on him and claimed that this was an evidence against him. He was screaming with pain when another Policeman from Agaliya, Constable Tilak, arrived onboard a police vehicle. Janapriya beg him to stop his fellow policemen from hurting him further but he ignored him. Janapriya was instead dragged towards the jeep Tilak was driving.

The incident caught the attention of villagers. Villagers Grama Sevaka, E.S. Kumarage and several others surrounded the police vehicle. Sevaka asked the police to stop harming Janapriya. They conferred to victim’s claims he does not sell liquor, since he does not even smoke or drink. Sevaka and his companions begged them to release Janapriya, which they did. Upon arrival at home, Janapriya started to feel severe pain all over his body. He went to the Elpitiya hospital for treatment where he was confined for three days.

On 11 February 2005, Janapriya lodged a written complaint with the Alpitiya hospital police. A Judicial Medical Officer then examined his injuries. He was asked to describe how he acquired the injuries.  At that time, Vidana Pathirana, the Assistant Superintendent of Police (ASP) for Elpitiya, recorded the details together with Servaka, Kumarage while other witnesses gave their testimonies.  On 11 February 2005, the victim’s brother Chandralal, reported the incident to Ayupala, Alpitiya Police (SSP).

Development of the case:

The National Human Rights Commission (NHRC) immediately directed the Coordinating Officer of the NHRC in Matara to investigate. He was notified by letter to appear before Vijitha Weerasinghe, NHRC inquiring officer in Matara who is handling the case. On that day, Janapriya was with his defending officer when the inquiry was conducted.

But the manner displayed by Weerasinghe during the inquiry has offended the victim and his defending officer. Janapriya said the officer harassed him by employing a hostile line of questioning and by asking irrelevant questions. Janapriya’s defending officer immediately objected to the officer’s misconduct. The victim claimed he was deprived of the right to be well represented by his defending officer. Janapriya and his defending officer have forwarded letters to the Chairperson, NHRC complaining about the manner displayed by its inquiring officer.

They further demand an explanation from Constable Tilak for not preventing his fellow policemen from harming the victim despite his pleading. Tilak’s inaction and condoning his fellow policeman must also be investigated and dealt with accordingly. ASP Vidana Pathirana must also explain why he requested the victim to appear before a police line-up in identifying the perpetrators, despite having already named them in his complaint. Such action seriously compromises the victim’s safety. Janapriya believes the police are deliberately employing on investigating his case. Several attempts have been made to convince him to withdraw his complaint.

SUGGESTED ACTION:
Please send letters to the relevant authorities and raised your serious concern on this matter.

 

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