UPDATE (Sri Lanka): Update on Brutal torture of Mr. Premalal by Wanduramba police

Dear Friends,

The Asian Human Rights Commission (AHRC0 wants to inform you updated information about Mr. Premalal, whose torture case was reported by the Asian Human Rights Commission on July 21, 2006. (See further: UA-247-2006) He is seriously ill and undergoing treatment at Karapitiya Teaching Hospital.  The doctors have confirmed that he has suffered severe kidney injuries due to the assault and is undergoing peritoneal dialysis.  Photographs taken of the victim/patient show heavy bandages on his lower torso and he cannot get up out of his hospital bed or move about.  (See the victim’s photos: Photo 1, Photo 2 and Photo 3) From the information available now, it is quite clear that this was a case of attempted murder by a police officer using his official position.  The intention for this appears to be to prevent Mr. Premalal from pursuing a complaint regarding his wife’s brother-in-law who had been assassinated one and a half years ago.  There are allegations that the police officer who assaulted him is also linked to this murder.

The medical report reveals over 14 tramline injuries and several other injuries caused by beating.  The forensic expert explained that the tramline injuries are a clear indication of severe beating with a blunt instrument.  The other injuries particularly in the lower area closer to the kidneys clearly indicate that they were intentional beatings carried out with a view to create kidney injuries.  The result of these beatings are so severe that Mr. Premalal is being treated by peritoneal dialysis and according to medical opinion, he will be in this condition for a considerable time to achieve any degree of cure.

Further inquiries by the AHRC have revealed that the reason for the arrest had been his pursuit of a complaint by his wife’s family of the assassination of his wife’s brother-in-law by unknown persons.  This matter happened over one and a half years ago.  Mr. Premalal had to meet senior police officers many times to complain about the lack of inquiries into the said murder case.  After his arrest, one police officer named Sergeant Samaranayake told him that he would also be killed like his wife’s brother-in-law, Sunil.  Other than this, no questions had been put to him by way of interrogation and no statements have been recorded from him.

Mr. Premalal was brutally assaulted by Sergeant Samaranayake until he fell unconscious.  He was then left in unattended in a toilet.  The following morning when he regained consciousness he was still inside the toilet.  Only later when he started shouting, two other police officers came and inquired into what had happened to him.  Later Sergeant Samaranayake returned and bathed him after which he was taken to the hospital.  It appears that the plan of the police had been to get him some medicine and then take him back to the police station.  However, the doctors, having found his situation to be serious, refused to allow him to be taken and warded him.  The name of the person found in the hospital registry books as the person admitting the patient is the Officer-in-Charge (OIC) of the Wanduramba Police Station.

On the morning of the same day, Mr. Premalal’s wife, A.H. Champa, went to the police station to see him.  She was not allowed to do so and was chased out of the police station.  When she begged the officer, who was chasing her out, to at least take the milk and biscuits she had brought for her husband, the officer took the items went back into the station.  A few hours later, Mr. Premalal’s father went to see him at the station and complained to the OIC when he was not allowed to do so.  It was only at this stage that the OIC informed the family that Mr. Premalal was at the Karapitiya Teaching Hospital.  When his wife visited him at the hospital, she found him in a critical condition.  He spoke with great difficulty and told her that he had been assaulted by the police.

At 5:00 p.m. on the same day, a lady Magistrate went to the hospital with a court file and left without talking to anybody.  The following day the prison officers arrived and chained Mr. Premalal to the bed.

This case shows that several officers including the OIC of the station have seriously neglected some of their primary duties.  These are:

a. It is the duty of the Officer-in-Charge of the station to look into all the books maintained by other officers and to find out who is in the cells or any other place within the police premises who is kept in custody.
b. At every police cell there has to be a supervising officer who will look into the cell at short intervals to ensure that all the prisoners are well.  It is such an officer’s duty to record him observations.
c. That the prisoners in the cells or kept in custody at the station should be give food, medicine and other necessities as required by law.
d. Any prisoner who is ill should be immediately provided with medical attention.

It is clear that besides torture there is also a serious dereliction of basic duties by the OIC of the station and others. These need to be investigated and disciplinary action should be taken on all these matters.

The AHRC also understands that the OIC of the station and other police officers are trying to bring pressure on the patient and his family not to proceed to make any complaints.  The victim and his family require protection but since the local police officers are against them, there is no one to provide such protection.

We urge you to write to the Sri Lankan authorities.

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