UPDATE(Sri Lanka): Three years after incident, intimidation of torture victim by the Moratuwa Police continues

Dear friends,

The Asian Human Rights Commission (AHRC) has received updated information about the continued harassment and intimidation of a torture victim who was allegedly severely assaulted by the Moratuwa Police in September 2004. The Human Rights Commission of Sri Lanka (HRCSL) had recommended compensation of Rs. 12,500 (approximately 112 US dollars) to be paid to him by the perpetrators. Despite the inadequacy of the amount, nonetheless, the HRCSL recommendations have not been complied with.  Meanwhile, the policemen have fabricated several cases against the victim in revenge and also threaten to continue doing so, until the complaints against them are withdrawn.  Ironically despite previous complaints to the authorities concerned, little or no action had been taken against the policemen.

UPDATED INFORMATION:

In September 2004, the victim B. H. Gamini Fernando was arrested by Police Sergeant (PS) R.W.W. Palihawadana (Police ID No.22488) and Sub Inspector (SI) K.A. Padmasiri of the Moratuwa-Modara Police Station. He was illegally detained at the police station for almost one week during which time he had been stripped, hung from the ceiling and severely assaulted with wicket poles – allegedly to force a confession from him. Subsequently, the victim’s wife lodged a complaint with the Human Rights Commission of Sri Lanka (HRCSL) which registered the complaint No. HRC/4588/04/I (viii). The HRCSL held an inquiry and more than two years after the incident (on 28 March 2007) found that the victim’s fundamental rights have been violated and recommended that the two perpetrators pay compensation of Rs. 12,500 (approximately 112 US dollars) to the victim – a totally inadequate quantum of compensation, considering the heinousness of the offence. For further details, please see UA-131-2007.

Nonetheless, the victim complains that three months have passed since the HRCSL findings, but the two perpetrators have totally failed to comply with the said recommendations. However, according to the victim, PS Palihawadana continued to threaten him to withdraw his various complaints against the policemen. When the victim did not do so, in revenge PS Palihawadana allegedly fabricated a Court Case – No 42084 – against the victim and arrested him on a warrant. Despite his complaints to the authorities, to all intents and purposes, no action either legal or disciplinary, has been taken against the allegedly perpetrators, who continue to remain in their posts.

On 2 July 2007, case No. 42084 was called for the fourth time before Court and when it was dismissed, PS Palihawadana informed Court that there was another case against the victim, namely for the theft of jewellery valued at Rs. 12,000 (approximately 108 US dollars). SI Padmasiri had also been present. The victims pleaded not guilty to that case (No 28155) and it had been postponed to 10 September 2007. Meanwhile the victim was released on surety bail.

The victim also says that while he sat on a bench in the court room waiting for his release on bail, PS Palihawadana and Sub Inspector K. A. Padmasiri had come up to the window from inside the court house, and beckoning to the victim threatened: “we are remanding you because of your woman. The more you make it difficult for us, we will make it even more difficult for you.” They had also allegedly told him that since the HRCSL recommended the payment of Rs. 12,500 to him, they were fabricating a case to the value of Rs. 12.000 against him.

According to the victim, PS Palihawadana had overstayed his service period at the Moratuwa-Modara Police Station. He is also well known among the general public for abusing his powers and suspects that certain influential persons might be assisting him to remain at this Station despite his questionable record and complaints against him.

Thus, the victim has once again written to the authorities concerned including the Inspector General of Police, Human Rights Commission and National Police Commission, about these threats and fabricated cases against him. He has also urged them to take urgent disciplinary and legal action against the two perpetrators and ensure that they do not harass or endanger his life anymore.

SUGGESTED ACTION:
Please write to the relevant authorities listed below and urge them to take an immediate action into the case and also urge them to provide the compensation for the victim without more delay. Please also urge them to investigate the ongoing intimidation and conduct legal or disciplinary action against those responsible. The AHRC separately will report this case to the UN Special Rapporteur on Question of Torture to call for their intervention into this case.

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