SRI LANKA: Alleged torture and fabrication of charges against a journalist by Kalpitiya police

Dear friends,

The Asian Human Rights Commission (AHRC) has received information that a journalist was allegedly tortured and fabricated charges were laid against him by the Kalpitiya police in Sri Lanka on 24 March 2007. The police beat him and forcibly poured liquor into his mouth and water on his body after the arrest. He was kept for over 9 months and released on bail on 4 January 2008 but all his personal items including his national identity card, which is vital under the current situation in Sri Lanka, have not been returned. His relatives and friends are now receiving threatening calls concerning him.

CASE DETAILS: (based on the testimony from the victim, Mr. Senaka Ekanayake)

Mr. Senaka Ekanayake is the editor of ‘SATANA’, a local newspaper meaning ‘fight for justice’, which has been published bi-weekly for 19 years.

On 24 March 2007, Senaka Ekanayake visited Kalpitiya and collected information regarding certain activities of the Officer-In-Charge (OIC) of the Kalpitiya Police, Mr. Lakshman Ranwalarachchi. He also had with him a list of persons who had disappeared from that area. At 6:30pm on the same day, he was stopped at a check point on his way back by officers of the Intelligence Unit of Kalpitiya Police. They were in civilian clothes and all were under the influence of liquor.

According to the information received, the officers searched and confiscated all his items: his national identity card, media pass, passport, Fuji camera, Panasonic digital camera, Sony cassette recorder, 2 CDs, his books, wristwatch, a gemstone worth 6,000 Rupees (USD 55) and 6,280 Rupees (USD 58).

After they took Senaka Ekanayake to the Kalipitiya police station, they handcuffed, tied him to a cell-bar and severely assaulted with an s-lon pipe. Senake Eknayake identified them as Officer-in-Charge (OIC) Lakshman Ranawalarachchi, Sub Inspector (SI) Arawin, Police Constable (PC) Sunil (bearing badge No. 12601), P.C. Dhammika (No. 33446) and Sergeant Indunil (No. 24011) among others whose names he does not remember. While beating him, they scolded him in foul language and told that they could make him out to be a criminal in just one minute with their pens. They removed the handcuffs some time later and then put him in a cell after kicking him several times.

At around 10:00pm, some police officers came and started pouring Kasippu, illegal local liquor, on his body and forcibly into his mouth to which he protested. They took all his clothes off and photographed nude while making fun of him saying that a great media person was naked after consuming liquor. After they left, Senaka Ekanayake managed to cover himself with the few clothes available and found that he was bleeding from his nose. There were blood on his face and two of his teeth in the upper jaw were also damaged. At around midnight, when he tried to lie down on a bench, some police officers came again and poured cold water on his half naked body from a hose pipe for about thirty minutes.

At 6:00am on following day, March 25, he received his trousers and SI Arawin and PC Indunil told that he would be given police bail if he signed the statement in the complaint book, which he refused. Then, SI Arawin took a pistol and pointed it at his head, threatening to kill him if he did not comply. He then asked to be allowed to read the statement but this was denied. Finally, he was forced to sign the unread statement and again put into the cell. Later he was given some bread for breakfast but he was not in a position to consume it and for that too he was scolded. Senaka Ekanayake says that his whole body was aching and he felt lifeless.

At 3:00pm, they returned his bag and his books to him but did not give other items including his national identity card. When he had queried the missing items he was told that they had been confiscated. He only received 702 Rupees (USD 6.4) back. He was taken to a medical doctor who refused to examine him. Then, he was produced before the magistrate at Puttlam where the police obtained a detention order under the Emergency Regulations. (Mr. Iqbal, attorney-at-law was appointed as an acting judge in the magistrate due to the absence of a judge.) He attempted to talk to the acting magistrate but failed due to the interference by the police officers.

He later learned that he faced three charges. The charges are 1) indecent behavior being under the influence of liquor within the Kalpitiya police area, 2) threatening the OIC and police officers with death threats and 3) insulting and defaming the President and his Defense secretary.

At 8:00pm he was taken to the detention centre in Puttalam. A Jail officer Mr. Gunepala recorded a statement from him about the incident and he signed it without reading it.

Next day, on March 26, he was transferred to a prison in Negombo. A Jail officer Mr. Samarjeewa recorded a statement from him and he was warded in the prison hospital in Negombo because of the wounds caused by torture.

When he was taken to Puttalam and produced before the additional magistrate Ms. Anusha Fernando, Kalpitiya police objected to bail him so that he was re-remanded and his case was fixed on April 23. (Case No. BR 37/09/K) Senaka Ekanayake was very sick so that he could not attend the court on the day. Due to his absence the court issued an open warrant and the next date was fixed on July 30. (An open warrant is a warrant that a magistrate gives authorities to all police to take action as indicated on the warrant. It is normally used when the police cannot find a person charged. However in this case, the court was not aware of his whereabouts and that he had already been in custody since 24 March 2007)

On November 5, Senaka Eknayake was granted bail at the hearing but he could not find anyone to fulfill the bail conditions. On December 3, his case was again taken up whereupon one of the conditions of Rs 25,000 (USD 231) was removed and the next date was fixed on March 26, 2008.

On January 4, a Provincial Council member from Kalpitiya signed for his bail and he was released.

According to Senaka Ekanayake, while he was in the police cell, he overheard that Lakshman Ranwalarachchi the OIC Kalpitiya police station had tried to collect information from various sources to prove that he is a rebel, a terrorist and had spoken against the President and the defense Secretary in order to fabricate a case against him. His relatives and friends received several threatening calls concerning him. He further said that under the conditions of bail he is in a very dangerous situation because he has to go out to the Kalpitiya police to report every last Sunday of the month.

ADDITIONAL COMMENTS:

Journalists have been mainly targeted by the police in Sri Lanka (UAC-001-2008, UA-310-2007).

In torture cases, the police arbitrarily arrested a person and assaulted him or her to sign a blank statement or make statement and get signature by force without reading the contents. The police later on, use the statement for fabrication of charges against the torture victims. (UA-321-2007, UA-319-2007, UA-303-2007, UA-288-2007, UA-284-2007, UA-283-2007, UA-280-2007, UA-261-2007 etc.). While a case is before a court, the victims often receive threats by the perpetrators (UP-161-2007). Due to the court delays, it takes several years for the victims to get redress (UP-102-2007).

Likewise, imposing false charges after torturing a person including journalists is one of typical types that the police have used for several years in Sri Lanka. It is a serious concern that the victims of torture are being tried and convicted based on evidence extracted under torture.

The lack of Investigation is another priority of concern. After a violation has happened, the police in Sri Lanka usually do not receive a complaint from a victim and even they receive it, they do not investigate (UA-322-2007, UA-312-2007, UA-308-2007 etc.).

SUGGESTED ACTION:
Please write letters to the relevant authorities to investigate this alleged torture and fabricate charges against a journalist and provide protection for his security.

The AHRC writes a separate letter to the UN Special Rapporteur on the Question of Torture calling for the intervention in this case.

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