UPDATE (Sri Lanka): Further details regarding the alleged torture case involving the Mahawela police 

Dear friends,

The Asian Human Rights Commission (AHRC) writes to update you on a previous appeal we wrote (UA-220-2005) regarding the torturing of four persons, including one mentally disabled boy, by the Mahawela police. At the time of issue, we had information on one victim only. We now write to inform you of the details regarding the other three persons in this case.

According to our sources, all four victims were tortured during arrest, on their way to the police station, and while in custody at the police station. As regards the three victims we now write to inform you about, they also reported that they were deprived of food, medical treatment, sleep during the night and they were handcuffed. In addition, the victims were kept in the custody of the police for more than 40 hours.

Among the victims, Wattegedara Wasantha Kumara informed that one civil dressed and one uniformed police officer beat him while asking for confessional statements about a theft that had taken place. Another victim, Devalande Gedara Vijitha Kulasooriya described how he was beaten several times, including while in one Mr. Silva’s house before being taken to the police station where he faced further brutality. The third victim, Wattegedara Ajantha Kumarasinghe was stopped while in the presence of his friend Mahesh (who was the first victim we wrote about in our original urgent appeal: UA 220-2005), and taken to the police station where he was brutally tortured by the Mahawela police.

The AHRC has also learned that all four victims were threatened by the police not to disclose their torture to anyone. The police have filed cases against three of the four victims regarding the alleged theft, with the cases having already gone before the Matale Magistrate’s Court and will do so again in February 2006.

The AHRC is gravely concerned for the security of the victims and strongly urges the Sri Lankan authorities to provide immediate and effective protection to them and their family. All incidents involving the four victims should be investigated thoroughly and those responsible for any violations, particularly those pertaining to the torture, must be charged and brought before a court of law.

For further details of each of the three latest victims, please refer below:

Case No. 1:

Name of the victim: Wattegedara Wasantha Kumara (17), a labourer living in Galliyadda,  Mahawela, Wattegedara
Name of accused: Police officers attached to the Mahawela police station (bearing numbers 12862, 34897, R34311).
Date of incident: 11 November 2005

On 11 November 2005, Wattegedara Wasantha Kumara was informed by someone known to him that the Mahawela police were keeping his father detained and were not willing to release him until Wattagedara presented himself to the police station. Upon receiving this information, Wattagedara went to the police station where the police asked him about an alleged theft. When Wattagedara denied having any involvement in the theft case, two police officers, of whom one was wearing civil dress and the other was uniformed, took him into a room and proceeded to torture him. The uniformed policeman stood on Wattagedara’s toes and then spun around on them. In the meantime both police officers were demanding that Wattagedara provide a confession statement regarding the theft. When he refused to do so, the police threw him in a police cell, where another person named Ajantha, was also being detained. Wattagedara was denied any treatment for the injuries to his feet and in fact the police returned to the cell several times to once again torture him and Ajantha.

On November 13, the police took Wattagedara to the Madipola Hospital for treatment and told him not to disclose the brutality he had endured to anyone. The Mahawela police lodged a theft case against the victim to the Matale Magistrate’s Court. He was produced before the court on November 23 and will be called again on 13 February 2006.

Meanwhile, the victim has been admitted to the Kandy General Hospital in ward number 10 so that he can receive treatment for his injuries.

Case No. 2:

Name of the victim: Devalande Gedara Vijitha Kulasooriya (26), a labourer living in Galliyadda, Mahawela Mookalana Janapadhaya
Name of accused: Police officers attached to the Mahawela police station (bearing numbers 12862, 34897, R34311).
Date of incident: 11 November 2005

On 11 November 2005, two civil dressed policemen approached Devalande Gedara Vinita  Kulasooriya at his home. Soon after they struck him on the head, causing him to faint in the street. They then took him to the house of one of his neighbour’s, Mr. Silva, where he was beaten on his back, feet and hands with three sticks. In fact he was beaten so severely that all three sticks broke in half.

The policemen then handcuffed Vijitha and took him to the Mahawela police station. While in custody he was beaten on his legs and back and one police officer produced a knife and asked Vijitha to confess to stealing goods. The police then released him warning him not to disclose his beatings or he would be returned to the police station and beaten again. The Mahawela police lodged a theft case against the victim at the Matale Magistrate’s Court. He was produced before the court on November 23 and will be called again on 13 February 2006.

The victim has been admitted to the Kandy General Hospital in ward number 10 so that he can receive treatment for his injuries.

Case No. 3:

Name of the victim: Wattegedara Ajantha Kumarasinghe (19), a labourer living in Galliyadda, Mahawela Mookalana Janapadhaya
Name of accused: Police officers attached to the Mahawela police station (bearing numbers 12862, 34897, R34311).
Date of incident: 11 November 2005

On 11 November 2005, two police officers traveling by motorbike stopped Wattegedara Ajantha Kumarasinghe and asked him about the location of the house of Mr. Silva. The policemen handcuffed Ajantha and his friend Mahesh, after they showed the police the direction of the house, and started beating them brutally with a rubber plant stick. The policemen then took both of them to Mr. Silva’s house where they found another victim named Vijitha. The police forced them to kneel down and then proceeded to kick them at least 10 times each on their back and legs.

At around 10 pm, the police took Ajantha to the Mahawale police station, where they beat him once more and pressured him to give a confessional statement on the theft case. Ajantha met two more victims inside the custody of the police station. He was not provided food until the following morning. On November 12 he received food from his home but the police refused to remove his handcuffs so that he could properly eat his meal. The victim remained in custody overnight.

On November 13 the police took him to the Madipola Hospital and warned him not to tell anyone about their treatment of him. The Mahawale police filed a theft case against Ajantha to the Matale Magistrate’s Court under B 13795 and produced him before the Court. He is to appear again on February 13.

SUGGESTED ACTION:

Please write to the relevant authorities listed below voicing your strong condemnation of the alleged conduct of the Mahawela police.

 

 

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