SRI LANKA: Kolonna police tortured a man and removed him from hospital against the doctor’s advice

Dear friends,

The Asian Human Rights Commission (AHRC) has received information that a man, Mr. Karasinghe Arachchilage Kumarasinghe Appuhami (55) was illegally arrested and detained by the Kolonna police. While he was in police custody he was tortured and as a result he was injured about the head and started to vomit. He was brought to the Kolonna District Hospital for treatment where a doctor advised the police officers to admit him. However, due to the influence of the police the District Medical Officer permitted the officers to forcefully take the man back to the station. He was not provided with any medical treatment. Later he was forced to sign documents prepared by the police which were not explained to him or recorded from him. After holding an inquiry the officers realised that he was innocent and released the following morning. When Kumarasinghe complained to the higher authorities against the unjust treatment he had been forced to endure the police filled a fabricated charge against him. The case is yet another illustration of the exceptional collapse of the rule of law in the country. 

CASE NARRATIVE: 

According to Mr. Karasinghe Arachchilage Kumarasinghe Appuhami (55) of Temple Road, Wijegiriya, married, a father of 5 and a farmer by profession. He lives in the Kollonna Police Division in Rathnapura District.

On 30 April 2010, he received a message from the Kolonna Police Station to appear at the station for an inquiry at 9 am. After waiting for several hours he was asked by officer Thilakarathna to answer some questions. Thilakarathna was in civilian clothes at the time. Kumarasinghe was accused of stealing electricity from the village electricity plant for his home which he strongly denied. Each time he denied the charge officer Thilakarathna slapped him heavily. Then Thilakarathna grabbed hold of his shirt collar and dragged him forward and stared to beat him about the head. During this assault Kumarasinghe struck his head against the wall. Thilakarathna locked Kumarasinghe in a cell headless of the pain that the man was suffering.

After 30 minutes Thilakarathna came to the cell along with another officer and shouted at Kumarasinghe in obscene language and warned him that two fabricated cases would be filed against him. Then Thilakaranthna ordered the other officer to take Kumarasinghe to the hospital and bring him back. Two officers came to the cell and took Kumarasinghe to the Kolonna District Hospital.

At the hospital Kumarasinghe was produced before a doctor to whom he explained how he had received his injuries and that the police had tortured him. After examining Kumarasinghe the doctor informed the police officers that he should be admitted for further treatment. The officers told the doctor that they could not allow him to be admitted as they had to take him back to the station. Further they denied that they had tortured him. The doctor informed the officers that they had to wait until the District Medical Officer (DMO) came and made a decision in that regard as he (the doctor) could not release the patient. For the next 15 minutes Kumarasinghe was asked to sit on a bench and it was then that he started to vomit.

When the DMO arrived he also examined Kumarasinghe who was able to explain the history of the case. The DMO specifically asked him whether he had vomited and felt faint. Kumarasinghe said that this was the case and that he had already started vomiting. Then the DMO again asked one of the officers to take Kumarasinghe back to the bench while he spoke with the second officer. Following their conversation both of them came out from the examination room and the DMO said that he had to go the ward. Kumarasinghe pleaded with the DMO that he needed treatment but the DMO left without considering his request. Kumarasinghe firmly believes that the DMO willfully allowed the police officers to take him from the hospital in the full knowledge of his medical condition and that he was suffering severe pain. Vomiting after suffering a head injury is a symptom of the seriousness of the patient’s condition.

As the police officers tried to take Kumarasinghe back to the police he pleaded them to admit him for treatment. However, heedless of his request the officers started to forcefully drag him away. Kumarasinghe held on to the bench with his right hand pleading with them not to take him back to the police station as he was in fear of being subjected to further torture. One officer called the police station and a short while later another five officers, including the Thilakarathna, came to the hospital. They shouted at him with obscene language and Kumarasinghe begged them to at least give him some medicine for the pain. Then one officer told him, ‘Thota Beheth Dennam’ (The direct translation is: “we will give you medicine”, however, it is a euphemism for “we will give you torture”). Then the officers tried to carry Kumaransighe out of the hospital but he held on to one leg of the bench. His fear was so great and his grip so strong that when the officers tried to drag him the heavy bench moved from the wall. Another officer took hold of Kumarasinghe’s left hand and started to beat and twist it thereby causing enormous pain. All the while Kumarasinghe was screaming and pleading with the doctors and the bystanders to save him. However, no one came to his assistance. He saw a large number of health staff looking on but none intervened to save him. Meanwhile other officers tried to release Kumarasinghe’s right hand from the bench.

Finally the officers were able to drag Kumarasinghe out of the hospital and into a vehicle parked in the hospital premises. Kumarasinghe lost consciousness but not before he realised that his sarong had been torn off.

When he regained consciousness he found that he was back at the police station. With difficulty they brought Kumarasinghe to a cell.

After sometime Kumarasinghe was taken out from the cell and brought before the Officer-in-Charge (OIC) of the station. Then he was able to explain what had happened to him. After listening to this the OIC told him, ‘Mama Hitiyanam Thota Gahanne Redde Revenna’ (If I was here I would have beaten you until you shat yourself). He was then returned to the cell and at around 7 pm one of his relatives came to visit him. After explaining his pain he was able to take some Panadol. Altogether Kumarasinghe took six pills after getting some water from an officer.

Then at around 10 am officer Thilakarathna came to Kumarasinghe and informed him that they needed to record a statement from him and took him to another room. Then Thilakarathna wrote a statement one and half pages in length and asked Kumarasinghe to sign it. When Kumarasinghe asked the officer to read the statement before he signed it Thilakarathna blackguarded him and ordered him to shut his mouth and sign. After Kumarasinghe again refused to sign the statement Thilakarathna brought him before the OIC and told him that he refused to sign the document. Kumarasinghe told the OIC that he needed to know the contents of the document before signing it. The OIC then requested Thilakaranthna to read over the document. Thilakarathna brought Kumarasinghe back to the room and shouted at him, ordering him to sign the document but Kumarasinghe again refused and stated that even if he were to be killed he would not sign the document if it was not explained to him.

Then again officer Thilakarathna brought Kumarasinghe back to the OIC who told Kumarasinghe that there was no law that says a statement should be explained before get being signed which of course is completely contradictory to police regulations. He showed Kumarasinghe a book and explained that according to the information contained therein there was no need to explain a document before getting it signed.

At that time Kumarasinghe noted that members of the ‘Electricity Plant Association’ of the village had also come to the station. Then the OIC warned Kumarasinghe that they will file two fabricated charges against him and that Kumarasinghe would be sent to remand prison for 14 days. The OIC called an officer and ordered him to inform the Magistrate that he needed to send Kumarasinghe for to remand prison for 14 days.

Then OIC told that “Yako S B Dissanayaka Mahatthaya Awurudy 2 Hire Hitiya, Sripathi Suriarachchi Mahaththaya Kalayak Hire Hitiya, Sarath Fonseka Mahaththaya Thawama Athule. A Minissu Giye Katawal Hinda. Thotai Apitai Kohoma Karaida? A Nisa Umbata Viruddawa Nadu Danawa” (Devil! Mr. S B Dissanayak imprisoned for two years, Sripathi Suriarachchi also for certain time, Sarath Fonseka is still in prison. All of them went prison because of their mouths. Then what would happen to you? So we will file two cases against you.) Then Kumarasinghe pleased with the OIC not to file cases stating that his two children and the wife were hospitalized and the other his 3 children were in school when he came to the police. He told the OIC that he did not know what will happen to them. Finally he agreed to sign the document and was released.

The OIC then informed all the members of Electricity Plant Association and the others to come to the station the next day, 2 May. On that day first Kumarasinghe went to the Kolonna Hospital for treatment but had to go to the police station for the inquiry. As all the members of association were present the inquiry was held and at the end it was found that there was nothing against Kumarasinghe. He was informed that the police would not file any case against him. This was stated in front of everyone present.

When he returned home although he used the medicine which was given to him by the hospital he understood that the pain was getting worse so he went to the Base Hospital of Ambilipitiya. Then the doctors admitted him for further treatment to the ward number 2. The police officers at police post of hospital also recorded a statement from him on 7 May. Then on the same day the Judicial Medical Officer (JMO) examined him and recorded his condition. He was discharge on that day.

Then Kumarasinghe went to the Assistant Superintendent of Police (ASP), Ambilipitya on 11 May and explained the incident to him. Another officer recorded his statement which they got him to sign.

Kumarasinghe made complaints to the Inspector General of Police, Deputy Inspector General (Sabaragamuwa), Senior Superintendent Police (Rathnapura), National Police Commission, Human Rights Commission of Sri Lanka regarding the unjust treatment he had received at the hands of the police. As a result of these complaints he was informed by the police that they would file a fabricated charge against him which they later did.

He narrated the way that he was tortured and the violation of his rights by the police officers in the video.

ADDITIONAL COMMENTS: 

The Asian Human Rights Commission has reported innumerable cases of arbitrarily arrest and detentions by the Sri Lankan police which are illegal under international and local law which have taken place at different Police Station in the country over the past few years.

Constitution of Sri Lanka has guaranteed the right freedom from torture. According to the Article 11 of the constitution “No person shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment”. Article 12 (1) of the Constitution of Sri Lanka has guaranteed the right to equality for all persons as stated that ‘all persons are equal before the law and are entitled to the equal protection of the law’. Further Article 13 (1) has stated that ‘No person shall be arrested except according to procedure established by law. Any person arrested shall be informed of the reason for his arrest’.

Supreme Court of Sri Lanka 
In the case of SCFR/ 42/2002, Deshapriya vs. Captain Weerakoon, Commanding Officer, Sri Lanka Navy Ship “Gamunu” and others,
As Per Fernando, J.

“In the Forces, command is a sacred trust, and discipline is paramount. He was under a duty to take all reasonable steps to ensure that persons held in custody (like the petitioner) were treated humanely and in accordance with the law. That included monitoring the activities of his subordinates, particularly those who had contact with detainees. The fact that the petitioner was being held in custody under his specific orders made his responsibility somewhat greater,………… 
…………. If the petitioner did not receive medical treatment for his injuries, the denial of medical treatment was itself inhuman treatment violative of Article 11, for which the 1 st respondent shares responsibility”. 

The Medical Council of Sri Lanka 
In the case of, Mullankandage Amitha Priyanthi vs. Dr. W.R. Piyasoma, Case No. PPC 53, In the matter of an Inquiry under the Medical Ordinance read with the Medical Disciplinary (Procedure) Regulation 1990, 
Clearly stated the duty of the doctors in particular for victims of police torture as follows:

“It is admitted that the patient informed Dr. Piyasoma that the Police assaulted him with a Pole. Thus, this committee is of the view it is the responsibility of the JMO to have carefully examined the patient and to ascertain as to how far the patient was affected by the injury caused by the Police, it is not the function of a Doctor or a JMO to anticipate what order the Magistrate would make in future and to come to conclusion based on anticipation. What is most interesting is the statement “that the patient had not made any such request and had the patient made such request, Dr Piyasoma would not have hesitated to recommend him for admission”, This committee is baffled by this statement. 

What more could the patient have told the JMO, other than stating that he was assaulted by Police with a pole; and, is it the responsibility of the patient to make a request to recommend him for admission? Or is it the responsibility of the Doctor/JMO to examine the patient and determine as to whether the injuries that he has sustained require medical attention in a hospital and therefore he should be admitted for such treatment.

This committee would have expected Dr. Piyasoma as a responsible JMO to listen to the patient carefully with regard to his complaints, to have examined the patient and to decide as to whether the injuries were so severe to require medical attention in a hospital forthwith. While doing so, if Dr Piyasoma had thought it was necessary to find out from the patient as to whether he requires hospitalization he could have done so. Further when the patient complained that the Police had assaulted with a pole, as a reasonable and prudent JMO, Dr. Piyasoma should have requested the Police to permit him to examine the patient without the Police being present there and created an environment to the patient to provide more information with regard to the assault which would have certainly assisted him to conduct more investigation in regard to the nature of the injuries hence, this inaction of JMO Dr. Piyasoma deprived the patient an opportunity to provide more details with regard to assault by the Police. Counsel for Dr. Piyasoma has marked the judgment in SC 471/2000 (FR) as R1.” 

Furthermore, Sri Lanka has signed and ratified the International Covenant on Civil and Political Rights (ICCPR). Nevertheless the lack of protection offered to those who are willing to take cases against abusive police officers and the state authorities, means that the law is under-used continues to be employed as a tool by the police to harass people. This not only takes a long-term toll on the victim and his or her family, but on society as a whole, by undermining of civilian respect for the law and encouraging impunity. 

Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (CAT)

The State of Sri Lanka sign and ratified the CAT on 3 January 1994. Following state obligations Sri Lanka adopted Act number 22 of 1994 the law adopted by the Sri Lankan parliament making torture a crime that can be punishable for minimum seven years and not less than ten years on being proven guilty. The Attorney General of Sri Lanka is suppose to file indictments in the case where credible evidence were found on torturing people by state officers.

SUGGESTED ACTION: 
Please send a letter to the authorities listed below expressing your concern about this case and requesting an immediate investigation into the allegations of illegal arrest, arbitrary detention, torturing the by and filling fabricated charges and restrict the right to movement by the police perpetrators, and the prosecution of those proven to be responsible under the criminal law of the country for misusing powers of a state officers and for mis-prosecution. The officers involved must also be subjected to internal investigations for the breach of the department orders as issued by the police department. Further, please also request the NPC and the IGP to have a special investigation into the malpractices of the police officers for abusing the state officers’ powers illegally in favor of private parties.

Please note that the AHRC has also written a separate letter to the Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment on this regard.

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