Dear Friends,
On 9 March 2015, Jeevandarage Ashan Tharanga, a 17 year old young man of No: 62, Balummahara, Dekatana in the Gampaha District, was illegally arrested and severely beaten by police officers attached to Meegahawatte Police Station. He was detained in the station for 3 days and produced before the Magistrate of Kadawatha on fabricated charges on 01 April. The victim suffered serious injuries due to the beatings. Throughout the assault, Sub-Inspector (SI) Vimalaratne insisted that he confess to stealing a three wheeler vehicle. The boy repeatedly refused to confess, surviving the extreme beatings for the entire period of detention. On two occasions, the Officer-in-Charge (OIC) of the police station interrupted the officers who were torturing the young man. He clearly told them that this underage young man had no connection to the crime and ordered his release. But it was not accepted by the SI Vimalaratne who produced him before the Kadawatha Magistratre on fabricated charges.
CASE NARRATIVE:
Following is information received by the Asian Human Rights Commission: Jeevandarage Ashan Tharanga (National Identity Card No: 971883332), is the 3rd son of Mr. Jeevandarage Bandula Sarath Kumara and Mrs. Dona Mangalika Burnad of No: 62, Balummahara, Dekatana in the District of Gampaha. Ashan. He is a good student who took his Ordinary Level Examination on December 2014.
On the evening of 28th March 2015, Ashan along with his elder brother took in the musical held at the Delgoda Public Grounds. Ashan met several of his schoolmates there. The musical show went on into the early hours of the morning. About 12 mid-night his elder brother went back home as he was tired. At 2.30 am Ashan left the show along with several of his friends from the same village.
They all walked back to their homes together. On the way, at the ‘Old Electricity Board Building’ at Delgoda they saw a police jeep pulling up in front on them. They ordered all the boys to stop where they were. Then one police officer came and started frisking them even going under their clothes. After completing the search of all the boys, the officer informed his senior, who was sitting in the jeep, that he had found nothing. Then Ashan observed that another policeman alighted from the jeep, approached them and suddenly dropped a key on the ground near them. All the boys saw it as there was very good lighting in the area.
Suddenly the police officer, who searched the boys, said that he found a key in Ashan’s possession. Ashan was then ordered to get into the police jeep and was handcuffed.
Ashan was arrested at 2:30am on 29th March 2015 by officers attached to the Meegahawatte Police Station. Ashan told them that he had not committed any crime and is still a student. The key, dropped by the policeman was intentionally planted, but Ashan did not have any connection to it.
At the police station, Ashan was put in a cell, chained to the iron grill with his hands together.
At 2pm on 29th March, Sub Inspector (SI) Vimalaratne released him from his chains and brought him to a room at the back of the police compound. It contained a bed and an iron bar standing up against the wall.
Then the officer talked to Ashan about a musical show at Delgoda on 14 March 2015, during which the police received a complaint of a stolen three wheeler vehicle. SI Vimalaratne requested Ashan to confess to the theft. Ashan was surprised by the request. He told the officer that he is still a student and cannot confess to this crime or any other crime. SI Vimalaratne threatened his life, now ordering him to acknowledge the theft. Ashan refused to do so.
Another police officer entered the room. Ashan clearly identified that officer as the one who dropped the key in front of him before he was arrested. SI Vimalaratne told the officer that this young man would not confess to the felony. Then they discussed taking Ashan to the next room.
In the next room Ashan was ordered to lie on the bed. The officer brought in a 1”x 2 1/2 feet long cane with which SI Vimalaratne started to beat him with. He was beaten 6-7 times. A senior officer, the Officer-in-Charge (OIC) of the Meegahawatte Police Station came to the room. He ordered SI Vimalaratne to release him immediately because he is innocent of any crime. But SI Vimalaratne did not follow orders to release him. Instead, he stopped the torture, detaining him in a cell chained as before.
On 30th March at 7 pm Ashan was brought to another room in the police station by SI Vimalaratne. He was warned that if he confessed to the crime and went along with the existing court case, he could be released. If not, he would be tortured again and produced before the court. He was further threatened that additional fabricated criminal charges would be laid against him. Again Ashan refused. He was again remanded to a cell.
At 11 pm of the same day SI Vimalaratne brought Ashan out of his cell to a room in the back of the station. He was warned to accept his guilt. He refused. He was then tortured again with the same cane used previously. He still refused. The officer showed him a long, iron bar, warning that if he did not confess, he will be beaten until his legs were broken. Another beating with a cane ensued. He was hit on the vertebrae of the back and the hands.
The harassment continued. He was warned that the police will send a man with a knife to the public road after which they will release Ashan.
While Ashan is returning home, that person will stab him and kill him. A story will be propagated that Ashan had been killed by an unknown person. If he wants to prevent that happening, he can plead guilty. Ashan refused, so they beat him with the cane until it broke and then with broom sticks
Next, SI Vimalaratne used dried ox pines to beat Ashan on the chest, shoulders, back, buttocks, thighs, legs and hands.. There were uncountable numbers of scars on his body. His skin was split open and started to bleed. There was also bleeding under the skin. Several parts of his body became swollen with water blisters and contusions. These injuries are still visible on his body.
When Ashan was questioned again whether he was ready to plead guilty, he refused. Then the officer threatened his life while slapping him 6-7 times on the cheeks.
The torture then took another tack. Ashan was asked whether he knows any business entity in the area which sells three wheeler vehicles. He told them that there is only one place in their area and provided details. On 31st of March at 2.30 am the owner of the business was brought to the police station.
SI Vimalaratne ordered Ashan to acknowledge that he sold a three wheeler to the business man and received Sri Lankan Rs. 500 000/ from him. The businessman was in front of him. As Ashan was in fear of his life and further torture he said that he had received such an amount of money from him.
Then the OIC of the police station came to the scene, questioning both Ashan and the businessman whether Ashan had received Rs. 500 000 after selling a three wheeler to him. Ashan and the owner both refuted this account. Furthermore, the owner of the business denied knowing anything about the three-wheeler. The OIC asked Ashan why he made up this storey. Ashan said he did it because of the severe beatings he experienced. With this, the OIC ordered the other officers to produce both Ashan and the owner of the shop before the courts.
Ashan saw his elder brother walking in the police compound, but he was not allowed to approach him. Later he learned that his brother and his relatives had come to the police station with food but the officers would not let anyone visit him.
Ashan was forcefully fingerprinted. They put his print on a document which was not explained to him. He was not allowed to read it either. He did not know the content of the document. Asham says that he can write and sign a document with understanding, having studied up to Ordinary Level Examination. He was detained once more in a cell.
On 1st of April he was brought to the Deputy Inspector General’s (DIG) Office at Paliyagoda. There a police officer questioned him about his identity and took several photographs of him. Ashan was able to explain the way in which he was illegally arrested, detained and severely tortured. The officer asked him whether he had committed any crime and he said no. Ashan noted that the police officer did not record Ashan’s statement on the torture he received at the hands of the police officers. He was brought back to the Meegahawatte Police Station.
Some time later he was brought to the Udupila Government Hospital. He was produced before a doctor where Ashan explained how he was tortured. The doctor also did not record anything, put his signature on a blank paper and handed over the paper to the police officer. He was brought back to the Meegawatte Police Station.
On 1st of April, Ashan was produced before the Magistrate of Kadawatha. Ashan’s father retained a lawyer who explained to the Magistrate that Ashan was severely tortured by the police and denied their accusations that he committed a crime. The Magistrate released Ashan on bail.
His father brought Ashan immediately to the Gampaha General Hospital for urgent medical treatment. The doctors examined Ashan and directed him to be presented before the Judicial Medical Officer (JMO) for further examination. Then JMO examined him and recorded his injuries and his history.
Ashan and his relatives stated that he was illegally arrested, detained for more than 72 hours, severely tortured and accused in the courts with fraudulent documents. They said that police officers intentionally misled the courts with illegal documents. Police officers accused him of a crime which he never committed. They trumped up this case against him when they were not able to properly conduct a criminal investigation on a complaint they had received
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, detention for more than three days and severe torture by officers of the Meegahawatte Police Station. Request prosecution of the perpetrators proven to be responsible for misuse of power. Officers involved must be subject to internal investigations for breach of department orders. Please request the NPC and the IGP to have a special investigation into the malpractice of police officers abusing power.
The AHRC has written a separate letter to the Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment and the Chairperson of the UN Committee on the Rights of the Child in this regard.
To support this case, please click here: SEND APPEAL LETTER
SAMPLE LETTER
Dear ________,
SRI LANKA: a 17 year old young man was illegally arrested,detained, tortured and pushed to confess to a fabricated charge of stealing a three wheeler vehicle
Name of the victim: Jeevandarage Ashan Tharanga (holding National Identity Card No: 971883332) of No: 62, Balummahara, Dekatana in the District
Alleged perpetrator: 1) Sub Inspector Vimalaratne of Meegahawatte Police Station
2) Officer-in-Charge (OIC) of Meegahawatte Police Station
Date of incident: 29 March 2015
Place of incident: Meegahawatte Police Division
I am writing to express my serious concern over the case of Mr.Jeevandarage Ashan Tharanga mentioned above.
Following is information received by me: Jeevandarage Ashan Tharanga (National Identity Card No: 971883332), is the 3rd son of Mr. Jeevandarage Bandula Sarath Kumara and Mrs. Dona Mangalika Burnad of No: 62, Balummahara, Dekatana in the District of Gampaha. Ashan. He is a good student who took his Ordinary Level Examination on December 2014.
On the evening of 28th March 2015, Ashan along with his elder brother took in the musical held at the Delgoda Public Grounds. Ashan met several of his schoolmates there. The musical show went on into the early hours of the morning. About 12 mid-night his elder brother went back home as he was tired. At 2.30 am Ashan left the show along with several of his friends from the same village.
They all walked back to their homes together. On the way, at the ‘Old Electricity Board Building’ at Delgoda they saw a police jeep pulling up in front on them. They ordered all the boys to stop where they were. Then one police officer came and started frisking them even going under their clothes. After completing the search of all the boys, the officer informed his senior, who was sitting in the jeep, that he had found nothing. Then Ashan observed that another policeman alighted from the jeep, approached them and suddenly dropped a key on the ground near them. All the boys saw it as there was very good lighting in the area.
Suddenly the police officer, who searched the boys, said that he found a key in Ashan’s possession. Ashan was then ordered to get into the police jeep and was handcuffed.
Ashan was arrested at 2:30am on 29th March 2015 by officers attached to the Meegahawatte Police Station. Ashan told them that he had not committed any crime and is still a student. The key, dropped by the policeman was intentionally planted, but Ashan did not have any connection to it.
At the police station, Ashan was put in a cell, chained to the iron grill with his hands together.
At 2pm on 29th March, Sub Inspector (SI) Vimalaratne released him from his chains and brought him to a room at the back of the police compound. It contained a bed and an iron bar standing up against the wall.
Then the officer talked to Ashan about a musical show at Delgoda on 14 March 2015, during which the police received a complaint of a stolen three wheeler vehicle. SI Vimalaratne requested Ashan to confess to the theft. Ashan was surprised by the request. He told the officer that he is still a student and cannot confess to this crime or any other crime. SI Vimalaratne threatened his life, now ordering him to acknowledge the theft. Ashan refused to do so.
Another police officer entered the room. Ashan clearly identified that officer as the one who dropped the key in front of him before he was arrested. SI Vimalaratne told the officer that this young man would not confess to the felony. Then they discussed taking Ashan to the next room.
In the next room Ashan was ordered to lie on the bed. The officer brought in a 1”x 2 1/2 feet long cane with which SI Vimalaratne started to beat him with. He was beaten 6-7 times. A senior officer, the Officer-in-Charge (OIC) of the Meegahawatte Police Station came to the room. He ordered SI Vimalaratne to release him immediately because he is innocent of any crime. But SI Vimalaratne did not follow orders to release him. Instead, he stopped the torture, detaining him in a cell chained as before.
On 30th March at 7 pm Ashan was brought to another room in the police station by SI Vimalaratne. He was warned that if he confessed to the crime and went along with the existing court case, he could be released. If not, he would be tortured again and produced before the court. He was further threatened that additional fabricated criminal charges would be laid against him. Again Ashan refused. He was again remanded to a cell.
At 11 pm of the same day SI Vimalaratne brought Ashan out of his cell to a room in the back of the station. He was warned to accept his guilt. He refused. He was then tortured again with the same cane used previously. He still refused. The officer showed him a long, iron bar, warning that if he did not confess, he will be beaten until his legs were broken. Another beating with a cane ensued. He was hit on the vertebrae of the back and the hands.
The harassment continued. He was warned that the police will send a man with a knife to the public road after which they will release Ashan.
While Ashan is returning home, that person will stab him and kill him. A story will be propagated that Ashan had been killed by an unknown person. If he wants to prevent that happening, he can plead guilty. Ashan refused, so they beat him with the cane until it broke and then with broom sticks
Next, SI Vimalaratne used dried ox pines to beat Ashan on the chest, shoulders, back, buttocks, thighs, legs and hands.. There were uncountable numbers of scars on his body. His skin was split open and started to bleed. There was also bleeding under the skin. Several parts of his body became swollen with water blisters and contusions. These injuries are still visible on his body.
When Ashan was questioned again whether he was ready to plead guilty, he refused. Then the officer threatened his life while slapping him 6-7 times on the cheeks.
The torture then took another tack. Ashan was asked whether he knows any business entity in the area which sells three wheeler vehicles. He told them that there is only one place in their area and provided details. On 31st of March at 2.30 am the owner of the business was brought to the police station.
SI Vimalaratne ordered Ashan to acknowledge that he sold a three wheeler to the business man and received Sri Lankan Rs. 500 000/ from him. The businessman was in front of him. As Ashan was in fear of his life and further torture he said that he had received such an amount of money from him.
Then the OIC of the police station came to the scene, questioning both Ashan and the businessman whether Ashan had received Rs. 500 000 after selling a three wheeler to him. Ashan and the owner both refuted this account. Furthermore, the owner of the business denied knowing anything about the three-wheeler. The OIC asked Ashan why he made up this storey. Ashan said he did it because of the severe beatings he experienced. With this, the OIC ordered the other officers to produce both Ashan and the owner of the shop before the courts.
Ashan saw his elder brother walking in the police compound, but he was not allowed to approach him. Later he learned that his brother and his relatives had come to the police station with food but the officers would not let anyone visit him.
Ashan was forcefully fingerprinted. They put his print on a document which was not explained to him. He was not allowed to read it either. He did not know the content of the document. Asham says that he can write and sign a document with understanding, having studied up to Ordinary Level Examination. He was detained once more in a cell.
On 1st of April he was brought to the Deputy Inspector General’s (DIG) Office at Paliyagoda. There a police officer questioned him about his identity and took several photographs of him. Ashan was able to explain the way in which he was illegally arrested, detained and severely tortured. The officer asked him whether he had committed any crime and he said no. Ashan noted that the police officer did not record Ashan’s statement on the torture he received at the hands of the police officers. He was brought back to the Meegahawatte Police Station.
Some time later he was brought to the Udupila Government Hospital. He was produced before a doctor where Ashan explained how he was tortured. The doctor also did not record anything, put his signature on a blank paper and handed over the paper to the police officer. He was brought back to the Meegawatte Police Station.
On 1st of April, Ashan was produced before the Magistrate of Kadawatha. Ashan’s father retained a lawyer who explained to the Magistrate that Ashan was severely tortured by the police and denied their accusations that he committed a crime. The Magistrate released Ashan on bail.
His father brought Ashan immediately to the Gampaha General Hospital for urgent medical treatment. The doctors examined Ashan and directed him to be presented before the Judicial Medical Officer (JMO) for further examination. Then JMO examined him and recorded his injuries and his history.
Ashan and his relatives stated that he was illegally arrested, detained for more than 72 hours, severely tortured and accused in the courts with fraudulent documents. They said that police officers intentionally misled the courts with illegal documents. Police officers accused him of a crime which he never committed. They trumped up this case against him when they were not able to properly conduct a criminal investigation on a complaint they had received.
I request your urgent intervention. Please ensure that the authorities listed below instigate an immediate investigation into the allegations of torture and violation of the victim’s rights by the police. Their actions prevented him from obtaining justice. Please request prosecution of the responsible persons for their misuse of power. The officers involved should be subject to internal investigations for breach of department orders.
Yours sincerely,
———————————————–
PLEASE SEND YOUR LETTERS TO:
Mr. N.K. Illangakoon
Inspector General of Police (IGP),
New Secretariat,
Colombo 1,
SRI LANKA
Fax: +94 11 2 440440
Email: com@police.lk
Mr. Yuvanjana Jawaharlal Wanasundera Wijayatilake, PC
Attorney General
Attorney General’s Department,
Colombo 12,
SRI LANKA
Fax: +94 11 2 436421
Chief Justice,
Office of the Chief Justice of the Supreme Court of Sri Lanka
Superior Courts Complex,
Colombo-12,
SRI LANKA
Fax: +94-11-2437534
Secretary,
National Police Commission,
3rd Floor Rotunda Towers,
109 Galle Road,
Colombo 03,
SRI LANKA
Tel/Fax: +94 11 2 395960
Email: polcom@sltnet.lk
Secretary,
Human Rights Commission of Sri Lanka,
No 108 Barnes Place,
Colombo 07
SRI LANKA
Tel: +94 11 2 694 925
+94 11 2 694 925 / 673 806
Fax: +94 11 2 694 924 / 696 470
Email: sechrc@sltnet.lk
