UPDATE (Sri Lanka): The tuberculosis patient confirms Tissa Kumara’s allegation; The Sri Lankan state’s unwilling to address nasty policing 

[UP-32-2004: Tissa Kumara receives further death threats; UP-28-2004: Police pressure the torture victim to withdraw case by threatening his family; UP-22-2004: Tuberculosis patient kept in solitary cell due to fabricated charges by police; UP-21-2004: The torture victim acquires tuberculosis by the direct action of the police; UA-18-2004: Severely injured torture victim need urgent medical treatment issued]

Dear friends,

The Asian Human Rights Commission (AHRC) is now in possession of a statement made by a tuberculosis patient to the Special Investigating Unit (SIU) of Sri Lanka which was inquiring into the alleged torture of Koralaliyanage Palitha Tissa Kumara. Tissa Kumara was severely tortured by then Sub Inspector (S.I.) Silva of the Wellipena Police Station on 3 February 2004. During the torture, then S.I. Silva had forced a tuberculosis patient to spit into Kumara’s mouth. (See further: UA-18-2004, UP-21-2004, UP-22-2004, UP-28-2004, UP-32-2004) The tuberculosis patient, Thummiya Hakura Sarath alias Banja Kapilawatte, has been included as a prosecution witness and his statement is included in the indictment. In his statement, he confirmed that he spat in Tissa Kumara’s mouth, resulting in him acquiring tuberculosis, on the instructions of S.I. Silva. We reproduced his statement below.

His statement also shows an extreme form of nasty policing in Sri Lanka. The Wellipena police brutally tortured Thummiya Hakura Sarath,knowing he is the tuberculosis patient, and forced him to act in a manner designed to deliberately contaminate another torture victim. The police also fabricated several serious charges against him and forced him to give false statements against others. Although the SIU took his statement detailing the torture and assault on him by the perpetrator/s, no further inquiries have been made, nor have charges been made against the perpetrator.

We call for your urgent intervention in this matter. Please urge the Sri Lankan authorities to reinvestigate the case of torture and fabrication of charges against Thummiya Hakura Sarath and to take criminal/disciplinary action against the responsible police officers. Please also urge them to investigate the allegation of the officers forcing him to contaminate Tissa Kumara by spitting into his mouth and licking his lips, and manipulating him to give false evidence against others.

Urgent Appeals Desk
Asian Human Rights Commission (AHRC)
———————————————————

DETAILED INFORMATION:

Victim’s name: Thummiya Hakura Sarath alias Banja Kapilawatte
Date and place of incident: From 3 to 10 February 2004, Wellipena Police Station
Manner of torture: Beating with hands, feet and a pole all over the body and particularly on the soles of the feet and buttocks
Alleged perpetrator: 1) Sub Inspector (S.I.) Kaluwanhandi Garwin Premalal Silva, previously of the Wellipena Police, presently interdicted and charged before the High Court of Kalutara on another case and another officer.
Status of the case: Despite a Special Investigating Unit (SIU) taking a statement from the victim detailing the torture and assault on him by the perpetrator/s, no further inquiries have been made nor have charges been made against the perpetrator.

The AHRC has reproduced below the translation of a statement made by tuberculosis patient Thummiya Hakura Sarath to Sri Lanka’s Special Investigation Unit. The statement reveals how a police officer from the Welipenna Police, knowing that the tuberculosis patient was an escaped prisoner, implicated him on other charges without grounnds. As the man had earlier been convicted in other cases, the police officer knew that he was in no position to fight back against any new charges.

In his statement, Thummiya Hakura Sarath also confirmed that he had spat in Tissa Kumara’s mouth, resulting in him acquiring tuberculosis, on the instructions of Sub Inspector Silva of the Wellipena Police.

The full translation of the statement follows.

Statement of Thummiya Hakura Sarath (alias: Banja Kapilawatte)

Note: This statement made by Thummiya Hakura Sarath, alias Banja Kapilawatte was recorded by PC27202 Jayalath on 9 June 2004 at the Prison Hospital, Wellikada. It was recorded on order of a magistrate, under the protection of the Chief Gaoler.

Thummiya Hakura Sarath, alias Banja Kapilawatte, aged 36, employed as a cinnamon crusher, of Kapilawatte, Kuragasmanhandiya states as follows:

The reason for recording my statement has been explained to me by Sub Inspector Piyadasa who is the officer recording the statement. Accordingly, I am making this statement voluntarily.

I was born in 1968 and I studied at Meegaspitiya Junior School up to grade 3. After that I did not go to school but was employed crushing cinnamon. Although I was intending to marry a person she married someone else and therefore I was living with my sister, Ganawathie, at her house. She is married. She has three children. When I was living there I was taken to the police regarding a few offences and the police arrested me and filed cases. I was found guilty in six cases. As one of these cases was a murder, I was sentenced to death. In the other cases there were orders to keep me in prison. [Finally,] the punishment I received [for the murder] was life imprisonment. In the other cases I was given 67 and a half years imprisonment.

While undergoing this punishment I developed tuberculosis. I was given treatment in the custody of the hospital authorities at Wellisara Prison. While taking such treatment on 20 July 2003 I fled from the hospital and lived at home.

At about 7pm on 3 February 2004 I was walking on the road near my house to get some medicine when Sub Inspector Silva of the Welipenna Police and a number of other officers came in a jeep and said that they were arresting me as I had fled from the prison. That day, Sub Inspector Silva and another police officer beat me with their hands and feet. Afterwards, I was brought to the police station where I was also assaulted.

I was kept at the Welipenna Police Station until 10 February 2004, and was assaulted from time to time. These assaults were by Sub Inspector Silva. As I can remember, on the third, sixth and ninth days of my arrest Sub Inspector Silva beat me with a post. He hit me on the soles of my feet and buttocks. On 9 February 2004 I was taken to the hospital for treatment, and when I was brought back I was assaulted again.

Two of my sisters-in-law, Manalani and Indrani, came to see me twice while I was in the police cell, but they were not allowed to come near me or talk to me. As far as I remember, my nephew, Asanka, came to see me on the fifth day of my arrest with some food and drink that he sent to me through another police officer. He was not allowed to talk to me.

I remember that while at the police station on 7 and 8 February 2004 I was taken to the court. I learned that Palitha had been taken into custody because he had given me food after I fled from the hospital. I did not know why other people had been arrested. While I was produced in court I was linked to a robbery, and a false case had been cooked up to the effect that I had a bomb and a pistol in my hand. I also learned that a case had also been filed also against Palitha for possessing a bomb. In fact, the two of us had neither a bomb nor a pistol with us. I was produced at Mathugama Court on 10 February 2004. Up to now I am in the remand prison. I am taking treatment for tuberculosis from the remand hospital.

Question: At any time while you were in police custody were you asked by Sub Inspector Silva or any other officer, to lick the lips of Palitha or to spit into his mouth and did you do it?

Sub Inspector Silva told me to lick the lips of Palitha and to spit into his mouth for the purpose of infecting Palitha, his wife and children with tuberculosis. He forced me to do it, and I did that. I know that while at remand prison Palitha was taken to Nagada Hospital to be examined for tuberculosis. I was not told to lick the lips or to spit into the mouth of other accused.

This is all I have to say. This has been read and explained to me. Having admitted that this is true, I sign.

(The above mentioned statement of T M Sarath was recorded by me, Sub Inspector Piyadasa, through PC27202 Jayalath, honestly and correctly)

We urge the authorities to reinvestigate the case of torture against the tuberculosis patient, take criminal and other action against the police officer concerned, condemn him as unworthy of holding any public office, and provide medical facilities for the tuberculosis patient.  The acts that need to be investigated are torture and inhumane treatment, fabrication of charges, forcing the tuberculosis patient to contaminate another by spitting into the mouth of that person and licking his lips, and manipulating this patient to give false evidence against others.

SUGGESTED ACTION:
Please send a letter, fax or email to the persons listed below and express your concern about this serious case.

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