UPDATE (Sri Lanka): Further torture and harassment of a complainant by the Katugastota police 

[RE: UA-03-2004: A man who gave up illicit liquor sale was tortured by police from the Katugastota Police Station on 12 January 2004 and UP-72-2004: A torture victim has received threats by Katugastota Police, after he lodged a complaint against them on 19 November 2004]

Dear friends,

The Asian Human Rights Commission (AHRC) is deeply concerned by the torture of D.G Premathilaka by the Katugastota police for the second time. According to the information received, Premathilaka was arrested and severely tortured by 12 Katugastota policemen, including the officer-in-charge on 23 January 2005. Further, the police instituted new charges against him for selling illicit liquor. He was not granted bail and remanded till February 8. We believe that the purpose of instituting new charges and getting him remanded is to prevent him from pursuing further complaints and getting proper medical treatment.

D.G. Premathilaka was initially arrested without any charges and tortured by the Katugastota police on 8 and 9 January 2004 because he gave up the illegal liquor business. (See further: UA-03-2004) Since he made complaints against the alleged perpetrators in January 2004, he has been threatened by the police to withdraw his complaints against them (See further: UP-72-2004). However, up to now, the accused police officers are still working at the same police station.

We urge you to take immediate intervention into this case. Please send a letter to the Sri Lankan authorities demanding that an immediate and thorough investigation be launched. Please also urge them to transfer the torture perpetrators outside of Kandy while inquires are going on, and to bring them to justice without delay.

Urgent Appeals Desk
Asian Human Rights Commission
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UPDATED INFORMATION:

Name of the victim: D.G. Premathilaka
Alleged perpetrators: 12 officers attached to the Katugastota Police Station including the Officer in Charge of the Katugastota police
Date of incident: 23 January 2005

Initially D.G. Premathilaka was arrested without any charges and was tortured by the Katugastota police on 8 and 9 January 2004 because he gave up the illegal liquor business. This business is often beneficial to the police officers, as it can only be carried out by paying bribes to the police. The AHRC reported several cases where former illicit liquor sellers, who gave up their business, were punished by police officers. D.G. Premathilaka has made complaints about his torture and there are inquiries ongoing.

On 16 November 2004, D.G. Premathilaka was threatened by Mr. Aranpath and several officers from the Katugastota Police who allegedly said, “”If you do withdraw the file, you will be taken good care of by the police.” The police further told him that a warrant had been issued for his arrest and he should accompany them to the police station, but failed to produce a warrant memo against him. D.G. Premathilaka refused to go without seeing a warrant. He has insisted that the police have been trying to “implicate him in criminal acts” while threatening him to withdraw his complaints against the Katugastota police.

On 23 January 2005, D.G. Premathilaka was again arrested at his house by 12 police officers including the officer-in-charge (O.I.C.) of the Katugastota Police Station who came in two vehicles. They ordered D.G. Premathilaka to open the door and when he refused to do so they broke the lock of the front door and forcibly entered the house saying that there was a warrant issued against him by the Kandy Magistrate. After that, they dragged him to the jeep ignoring his objections.

On the following day (January 24), when his wife went to the police station, she could see her husband’s sarong was wet with blood. D.G. Premathilaka complained to her that he was brutally tortured by the police. At about 1:00pm of the same day, he was presented before the Kandy Magistrate and a lawyer appointed by the Katugastota police officers appeared on his behalf.

On January 25, the victim had to appear before the Kandy Magistrate on a notice of police and new charges were instituted against him for selling illicit liquor. He was not granted bail and was remanded till February 8. The AHRC believes that the purpose of instituting new charges and getting him remanded is to prevent him from pursuing further complaints and getting proper medical treatment. In many cases, the police do not provide any medical treatment to the torture victims, concerned that medical records/reports may be used as evidence against them in court.

The AHRC is deeply concerned by D.G Premathilaka being tortured for the second time by the Katugastota police. We are also concerned that officers who are accused of torture, and even those who are charged with criminal offenses continue to work at the same police station. While the criminal behavior of such officers is allowed to take place with impunity, the personal security of citizens is callously abandoned.

The AHRC urges the Inspector General of Police of Sri Lanka to prepare a list of officers accused of torture, and subject them to psychological tests.

ADDITIONAL INFORMATION:

Retaliations against those who make complaints against the police are increasing and there is little in the way of witness protection either by the Attorney General’s Department or by the police department.

Gerald Marvin Perera was killed just a few days before he was to give evidence about the torture against him in court. Now the culprits have been arrested and they are three police officers who are the accused in the torture case. Channa Prasanna Fernando, who was tortured and an inquiry was being conducted in his torture, was kidnapped and there was an attempted murder on him which he narrowly escaped. While two cases against a torture perpetrator are going on, there was a third attempt on his life at midnight when he was sleeping. He was able to wake and run and complaints have been made regarding this. This incident happened just one day before Mr. Fernando was to give evidence in the Negombo High Court. In the case of Lalith Rajapakse, there were so many threats and now he is in hiding while there are police guards to protect his family. Also a human rights activist, U.L.A. Joseph Perera, who is his neighbor, was threatened with death for helping Rajapakse.

In the case of Amarasinghe Morris Elmo De Silva, who was allegedly tortured by some officers of the Ja-ela Police Station in January 2001, had to flee the country due to threats to him and his wife as a case against the perpetrators is going on at the Negombo High Court. The indictment in this case was filed on 20 November 2003.?However, to-date the five police officers who were interdicted are continuing to work as police officers, although the UN Special Rapporteur on Question of Torture made representation to the Sri Lanka government (Reference: Paragraph No. 1583 in the special papporteur’s annual report: E/CN.4/2003/68/Add.1). The five officers are Inspector S.M. Lakpriya Niroshon Suriya Kumara, P.C. 10282 Sugath Jayantha Kumara, P.C 38599 Tapusha Kumara, P.C. 37495 Deepti Saman Senewiratne, and P.C. 25961 L.A. Siriwardene.

Despite all the appeals and complaints in the above mentioned cases, the Sri Lankan government agencies has failed to provide witness protection and also to interdict the officers against whom inquiries are pending.

SUGGESTED ACTION:
Please send a letter to the addresses below and express your concern about this serious case.

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