UPDATE (Sri Lanka): Police torturers who caused a woman’s loss of her unborn child must be brought to justice 

Dear friends,

The Asian Human Rights Commission (AHRC) has received updated information regarding the torture of Gamini Senadeera and his wife, who gave birth prematurely to a stillborn child due to police perpetrated torture on 21 April 2005 (See: UA-75-2005).

According to reliable sources, the perpetrators are suspected to have carried out the torture at the instigation of a private party on a bribe to the police. The alleged reason is due to a land dispute. The AHRC has also received information that steps have been taken against one of the alleged perpetrators to interdict him and take actions against him before the Magistrate’s Court. However, such action is not enough.

We urge your immediate intervention to demand that the perpetrators are indicted before the High Court by the Attorney General after a proper investigation by the Special Investigation Unit (SIU) is conducted. We also urge you to demand protection for the victims, who have received threats after complaining against the police, and to demand compensation for their loss.

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

Names of the victims: Walakadage Gamini Senadeera (31), and his wife Kodituwakku Liyanaarachchige Ganga, Kalyani, (31), living in Millagahahena, Bakery Road, Pallegama, Omalpe.
Date and place of the incident: 21 April 2005, Embilipitiya police station
Alleged perpetrators: Police Constable Somadasa (27), Police Driver Bandu Silva (21841), and four others of the Embilipitiya Police Station.

Case Details:

On 21 April 2005, at about 1 am, four police personnel, including Police Constable Somadasa (PC No.27) and police driver Bandu Silva (PC No. 21841) visited the victims’ home at Omalpe, Embilipitiya. They had arrived in a police truck.

They kicked at the front door and shouted for the victims. When the door was opened PC Somadasa grabbed Gamini by his throat, dragged him out of the house and brutally assaulted him with a pole. At this moment his wife Ganga came running outside. Upon seeing her, PC Somadasa began to slap her hard on both sides of her face. Ganga pleaded with him not to hit her has she was pregnant. But the ruthless policeman replied, “It is you who is pregnant, not me” and continued his assault. Finally he kicked her in the stomach; the force of blow so severe that she was thrown several meters away where she fell to the ground, screaming.

Later they dragged Gamini to the police truck and once again assaulted and kicked him mercilessly. When they assaulted him on the head, he began to bleed from his mouth. Gamini was taken to the Embilipitiya police station, where his torture at the hands of the police continued. At 8 am the next morning, when Gamini continued to scream that he was unable to urinate due to the pain, he was taken by police jeep to the Embilipitiya hospital. At the hospital he came to know that his wife too had been hospitalised.

At the hospital Gamini and his wife made a statement about the torture they had endured. This statement was recorded by the doctors at the hospital. Accordingly, Gamini received in-patient treatment in the hospital for six days until 27 April 2005. His wife received medical treatment for five days. Both were also examined by the Judicial Medical Officer while at the hospital.

Ganga’s condition deteriorated on 29 April, and on 30 April she was once again admitted to the Embilipitiya hospital. On the same day, she gave birth to a stillborn baby which was just 5 months old at the time of delivery. The wife and her dead child were taken to the Ratnapura General hospital where the Judicial Medical Officer examined her. On May 2 Ganga was released from the hospital.

According to updated information, the couple were tortured at the instigation of a private party on a bribe to the police of Rs. 15,000 and five bottles of arrack (liquor). The alleged reason is a land dispute.

Steps have been taken by the police department to interdict Police Constable Somadasa (PC No. 27), and also to take action against him before the Magistrate’s Court. However, this is insufficient. Somadasa and the four other personnel of the Embilipitiya Police Station must be indicted before the High Court by the Attorney General after a thorough police investigation by the SIU. Compensation must be paid to the couple. Moreover, they must be provided with adequate protection as they have received numerous threats after they complained against the police.

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