SRI LANKA: Police arbitrarily detain parents and torture father till son is handed over

Dear Friends, 

The Asian Human Rights Commission (AHRC) has received information that the Minuwangoda police arbitrarily arrested some parents on the 17 February and held them as hostages until their son surrendered himself to the police. In the police station, the father was allegedly tortured in the lock up while the mother was prevented from leaving the station. When the son was handed over to the police some days later, he was also allegedly tortured and the mistreatment resulted in a broken leg. The police later threatened the son not reveal this at the court. 

CASE DETAILS: (Based on the testimony of Samarawickrama Gunersekara Arachchige Dayananda, 56) 

Samarawickrama Gunersekara Arachchige Dayananda is the father of Anuradha Buddika. Anuradha was living together with his girl friend in her house with the consent of her parents. 

On 10 February 2009, at about 7:30pm Anuradha telephoned his father and told him that thieves have entered his girlfriend’s house and had stolen some jewelry. He asked his father if he could accompany them since they were all going to the Minuwangoda Police Station. 

The relations of Anuradha’s girl friend went to the police station and after making the complaint with the police went back to the house. At the house the father of Anuradha’s girl friend told police that Rs. 50,000 (USD 438) worth jewelry has been lost. After that Anuradha’s father returned home. 

On 13 February Anuradha went to his parent’s home and told them that he had argued with his girl friend’s father who had told him to leave and not return. Anuradha further told his father that his girl friend’s parents suspected him of the theft. Later that day Anuradha’s parents found him lying unconscious in his room after taking 48 panadol tablets (pain killers) in an attempt to commit suicide. They immediately admitted him to the Gampaha Base Hospital. As his condition was not good he was transferred to National Hospital Colombo. 

While he was recovering slowly, he left the hospital on 15 February and his parents had no idea of where he had gone. 

On 17 February at about 11pm the Minuwangoda police went to Anuradha’s parent’s house and inquired about his whereabouts. Anuradha’s father told the police that Anuradha had been admitted to the hospital from where he had left and thereafter he had no idea of where he might be. The officers took Anuradha’s father to the Minuwangoda Police Station saying that they would find Anuradha and until then they needed a statement from his father. At the police station they did not take any statement from the father but instead locked him in a cell. 

In the morning of 18 February, the father was questioned by a police officer Somajith about the lost jewelry. The father answered that he did not know anything about it. However, he was handed over to another police officer at 9am who took the father into a room in the police station with some beds, to one of which the father was handcuffed. At around 12 noon a police officer hit the father on his neck, ears and head asking about the whereabouts of his son Anuradha. Another officer kicked the father on his chin. The father was kept in handcuffed till 6pm. 

After that the police took the father to the police cells to lock him up. While walking to the cell the father saw his wife seated on a bench in the police station. She told the father that she came to see him at about 7:15am and police forced her to stay at the police station saying that she too will not be allowed to go home until they hand over their son. The mother was not allowed to go out to have food or water and she was not even allowed to go to the toilet. She eventually leaked urine where she sat. Her legs were swollen and whenever she tried to stand up she was shouted at by the police. 

As the parents did not return home their elder son came to the police station inquiring about them. He was chased out saying that if he turned up again he would also be locked up so he left the police station without speaking to them. When the mother tried to speak to the son she was also shouted at ordered to remain where she was. During the night the father was locked in and the mother was kept on the bench outside. They were not given food or water for the whole day and even during the night. 

On 19 February, the officers who came for duty provided them with food and water. But they were kept like that at the police station during that day too. The father was taken out and produced in front of the Officer-In-Charge (OIC) by the police officer Somajith on February 20. The OIC inquired from the father about the whereabouts of Anuradha. When the father told that he did not know anything, he was hit on his ear and shouted at. He was told that they would not be allowed to go unless their son was produced. That day too they were kept in the same manner in the police station. 

On 21 February, the elder son of the family, found where Anuradha was staying and handed him over to the police through a lawyer. Thereafter the parents were released. 

From 21 to 26 February, Anuradha was illegally detained at Minuwangoda police station and tortured asking about the lost jewelry. On 25 February an aid in the police station telephoned the parents and informed them that Anuradha had broken his leg after falling into a lavatory pit. The father rushed to the police station and inquired about the incident. Anuradha who could not walk told him that he would explain about it later, but until then to get him some treatment. 

After that the father informed the Human Rights Commission of Sri Lanka. When the HRC called the police station, the police informed that they would produce Anuradha in court that day. However, the police produced Anuradha before the Minuwangoda Magistrate Court at 4:30pm on February 26. Anuradha was remanded until March 4. Then again when he was produced he was remanded until March 18. 

Anuradha’s leg was broken due to the police torture. But he never told the courts as he was threatened by police that if he said so the whole family would get into trouble. 

The parents had made complaints to the Inspector General of Police, the Human Rights Commission and National Police Commission, demanding an inquiry into the illegal detention of the parents and the son at the Police station, Ill treatment to the parents and the torture of the son 

BACKGROUND INFORMATION: 

The AHRC has documented several cases relating to torture and ill treatment by the police. It is common practice for the police to assault a person at the time of arrest without due process as well as on the way and inside the police station during interrogation. 

For example, Anil Chandana,19 had to undergo surgery to his leg when he was in prison due to being tortured. (AHRC-UAC-021-2009) Police seldom start an investigation and when they do, it is hard to see it as a thorough or transparent investigation. They rather threaten the complainant to withdraw his case (AHRC-UAC-019-2009). Arbitrariness of arrest and detention is common and during this time, police assault the arrestees or detainees. (AHRC-UAC-012-2009) Another young man, Mr. Abesinhage Don Janaka had to undergo treatment at the prison hospital due to injuries allegedly caused by police torture. (AHRC-UAC-024-2009) 

Sunil Shantha was accused of theft without any evidence and severely tortured, followed by hospitalization. (AHRC-UAC-026-2009) In this particular case, the same SI was also involved in the case of assault and ill treatment of Loku Naramgodage Shantha. (AHRC-UAC-028-2009) 

SUGGESTED ACTION: 
Please write to local authorities listed below and demand urgent investigation into this case. 

Please be informed that the AHRC has also written a separate letter to the UN Special Rapporteur on the question of torture, Working Group on arbitrary detention calling for an intervention in this case.

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