UPDATE (Sri Lanka): A Kandy coordinator of National Police Commission allegedly cooperates with torture perpetrators 

Dear friends,

The Asian Human Rights Commission (AHRC) has received a copy of an affidavit signed at the remand prison in Kandy on 16 July (written in Sinhala) from Saman Priyankara, who suffered for the second time at the hands of several police officers from the Matale police station on 7 July 2004. The police illegally arrested and tortured him when he did not withdraw complaints against some officers of the Matale police station. In January 2004, he had been brutally tortured by the Matale police who poured boiling water on his thighs and caused severe wounds.

In an affidavit, Saman Priyankara particularly named Sub Inspector Jayampathi and sergeant Samantha of the Matale police station as the persons who assaulted him most. He also stated that the Matale police tried to fabricate charges on him and his brother of possessing drugs, which is unbailable charge. He has further stated that Dudley Dissanayake, a Kandy coordinator of the National Police Commission (NPC), played an active part to support the alleged perpetrators. For your information, we reproduced a summary of the affidavit below.

AHRC is gravely concerned that a NPC coordinator of Kandy, who has a responsibility to conduct an independent inquiry into Saman Priyankara’s torture case, has instead cooperated with the perpetrators to hush up the case. Please send a letter to the chairperson of the NPC and demand that he investigate this matter, provide protection to the victim and his family and dismiss the coordinator and appoint a better-qualified person if the allegation against him is true.

To see our previous appeals regarding the torture of Priyankara, please go to:
UA-07-2004: http://www.ahrchk.net/ua/mainfile.php/2004/596/
UP-33-2004: http://www.ahrchk.net/ua/mainfile.php/2004/732/
UP-34-2004: http://www.ahrchk.net/ua/mainfile.php/2004/734/

Urgent Appeals Desk
Asian Human Rights Commission (AHRC)
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UPDATED INFORMATION:

In an affidavit signed at the remand prison in Kandy on 16 July 2004 (written in Sinhala), Saman Priyankara has explained the torture he suffered for the second time at the hands of some police officers from Matale police station on 7 July 2004. He has by now been submitted to several tests regarding the injuries to his ear. He has particularly named Sub Inspector Jayampathi and sergeant Samantha as the persons who assaulted him most. He also made a statement to the Magistrate of Matale earlier on 8 July 2004 stating the same facts as stated in his affidavit.

The following is a summary of the affidavit.

Saman Priyankara stated that he had earlier filed SCFR 98/2004 regarding a serious act of torture committed by Sub Inspector Panagoda of the Matale Police Station. He also complained about this matter to the Assistant Superintendent of Police (ASP) Agunawela of Kandy and other police authorities. The said ASP conducted an inquiry into the incident and Priyankara learned that the said S.I. Panagoda had been transferred out of the station as a consequence of the inquiry.

However, Priyankara was threatened several times in an attempt to force him to come to a settlement on his complaint of torture. He was even offered Rs.200,000 as payment for such settlement, which he refused to accept. As a consequence of his refusal to accept any settlement, Priyankara was exposed to many threats and on one occasion was called to appear at the Matale Police Station where a number of police officers asked him to come to a settlement about the matter. As he refused, he was implicated in some quarrel about which he knew nothing. Due to an intervention of a human rights activist he was able to get bail in that case.

Priyankara stated that on 7 July 2004 at around 12:30 p.m. he received a telephone call and the caller identified himself as Sub Inspector Panagoda and stated that he was at Matale at the moment and that Priyankara should withdraw the case he had filed against S.I. Panagoda and that he would pay RS. 200,000 for withdrawing the case. The caller further stated that he would come with the money at night and that Priyankara should not go anywhere. Priyankara responded that he was not agreeable to accept any money and put down the telephone.

On the same day (7 July 2004), four persons came in a three-wheeler to Priyankara’s house. Prior to their arrival, Priyankara had seen them going to the village temple passing by his house. These four persons who were in civilian dress entered his house without making any inquiries or explaining why they were doing so and started searching all corners of his house. They asked Priyankara whether he had any Kassippu [illicit liquor], to which he replied that he did not have any such thing.

Priyankara stated that at about 3:45 p.m. of the same day a police jeep came and stopped in front of his house. In the jeep there were Sub Inspector Jayampathi and sergeant Samantha and two more police officers whose names he did not know. Priyankara stated that these officers also started to search his house without any queries or explanation and as they were doing so a crowd gathered in the house. In front of this crowd S.I. Jayampahti asked Priyankara what he would do about the Rs.200,000 and Priyankara replied he was not agreeable to accept it. Then S.I. Jayampathi said since he was building a house he would need money and that he should accept the Rs.200,000. Priyankara replied, “I will not accept it, Sir.” And further said that he would not want to accept the offer made by S.I. Panagoda. Thereafter S.I. Jayampathi told sergeant Samantha, let’s go, and all four officers got into the jeep and left.

On the same day (7 July 2004) at 8:15 p.m. Priyankara was returning to his house from his sister’s house which was nearby. He saw four persons waiting in the road and they immediately jumped on him. One person put his hand over his mouth so that Priyankara could not shout and all four started assaulting him severely with their hands and feet. Priyankara said that he was hit on the head, legs, neck, chest and the back and that one officer took a piece of a branch and struck him with it on his legs and his back. Priyankara fell to the ground.

Priyankara managed to break loose from the grip on his mouth and started shouting at them not to beat him. On hearing his shouts, his wife, two children, two of his sisters who lived nearby and a number of his relatives came and then one of the four persons said, “We are from the police there is nothing for you to do here, get out.” Meanwhile another officer took his mobile telephone and stated, “Right sir, we caught him.” And within a very short time a jeep arrived with S.I. Jayampathi and sergeant Samantha and some other officers. Priyankara stated that S.I. Jayampathi said threateningly, “You better know that we came earlier also to take you. You better know thereafter we went to the Police Commission near Kandy and Dudley Dissanayake of the National Police Commission told us to arrest you and to give you the maximum punishment. You tried to kaliada haduwe (untranslatable),” and then slapped Priyankara’s cheek and ear about ten times and then took a pole and hit him on the legs.

Priyankara said that while he was being beaten his wife started crying and pleading with the police not to beat him but they kept on assaulting him. At this stage his elder brother, Sisil Chintekei Ranjith, came from the house and asked why they were beating him. And then one of the officers said, “So are you also a brave fellow (chandiyekda)?” and then started hitting him also on his head, neck, legs, cheeks and hands and after that Priyankara and his brother were both taken to the police jeep. Priyankara stated that after that one police officer hit him hard on his back and then he fell inside the jeep and when his brother was taken to the back of the jeep one officer hit him hard on his back and he too fell inside the jeep. Then the police officers got them to lie face down on the floor of the jeep and beat them on their backs. While doing so S.I. Jayampathi stated that, “You better know we went directly to meet Dudley Dissanayake. That is why we came at this time. Otherwise this was not the time we were to come.”

Priyankara states that thereafter he and his brother were taken to the Matale Police Station and then S.I. Jayampathi told him “You pariah dog, you went to do human rights. You tried to do ‘karanna geye’ to our fellows. You pariah dog thought ASP Agunawela may be a big fellow to you but he is no big fellow to us (that is the fellow that interdicted our fellows).” Priyankara stated that thereafter in front of him and his brother, S.I. Jayampathi discussed, “Shall we put a case for Kassippu or on drugs (kudu). If we put Kassippu he will be bailed and if we put kudu he will not get bail.” After that, one officer ordered an another to scratch some dust from the wall.

Priyankara states that shortly thereafter there was a telephone call to the police station and after that call, police officers went into a corner and started discussing something. Then the officers brought a big can on which there were some liquids and some rose coloured polythene bags and a large plastic bottle was also brought to the place. Priyankara and his brother were then asked to fill the liquid from the can to the plastic covers but they both refused to do so. They were threatened several times to make the fillings but they refused. Priyankara stated that sergeant Samantha and four other officers took liquid out of the big can and started filling the polythene bags and he heard them counting 38 such bags. At this stage S.I. Jayampathi and sergeant Samantha asked, “Is it because of your human rights that you cannot fill the cans?” Thereafter someone pulled his brother’s hand and put a finger on some hot object in a way to get his brother’s fingerprint.

Priyankara stated that a short time thereafter he and his brother were put in a police jeep and were taken out of the station to a hospital. On the way they were instructed by an officer to say ‘no’ if the doctor told them to be warded in the hospital, if the doctor asked whether they were beaten up, to say ‘no’ and if the doctor asked whether they were drunk to say ‘yes’. And further the police told them that “this problem ends here, don’t inform the Human Rights Commission and the Police Commission about this.” Priyankara stated that the police officer went to the doctor and got some papers filled by the doctor and thereafter brought him and his brother to the police station and some officers said that they were looking for the forms to bail them out. However, all that night Priyankara and his brother remained at the police station.

On 8 July 2004 in the morning sergeant Senarat of the Police Corruption Investigation Branch came to Priyankara and his brother and told them “when I say a few things in the court all your human rights will be over.” Manava himikam kale. (Your human rights will be in the jungle.) Thereafter Priyankara and his brother were brought to the courts in Matale. Priyankara made a statement to the magistrate explaining the way he was cruelly and inhumanely tortured and that the co-ordinator of the Police Commission in Kandy, Dudly Dissanayake was trying to work in favour of S.I. Panagoda and other officers who tortured him earlier and was dishonestly trying to help these officers. Priyankara further stated that the learned magistrate recorded everything he said and ordered him to be produced before a Judicial Medical Officer for examination. Priyankara’s brother was bailed out immediately and Priyankara learned that he entered a hospital to get treatment. He also learned that the police officers had reported that he had served in the military and that he had deserted and therefore he should be handed over to the military. The learned magistrate ordered that he should be handed over to the military after medical examination. Priyankara states that thereafter he was taken to the remand and produced before the Judicial Medical Officer (JMO) Kandy and thereafter he was subjected to several examinations about his ear. He was produced before an ENT specialist several times.

Priyankara later learned that on the night of 7 July 2004 Dudley Dissanayake of the Police Commission had called his house between 9:30 p.m. and 11:00 p.m. and asked his sister and her daughter such questions as, was Saman Priyankara arrested, was he assaulted, was he beaten badly and the like.

Priyankara also learned that on 7 July 2004 after his arrest a human rights activist, Asela who was known to his family due to the assistance rendered by him in the earlier torture incident by S.I. Panagoda, was informed about his and his brother’s arrest and Asela had intervened immediately both locally and internationally to get protection for Priyankara.

SUGGESTED ACTION:
Please send a letter to the chairperson of the National Police Commission (NPC) and ask him to investigate the allegation against its Kandy co-ordinator and provide protection to the victim and his family.

To support this case, please click here: SEND APPEAL LETTER