SRI LANKA: Criminal Investigation Department officers torture a man then attempt to kill him

Dear friends,

The Asian Human Rights Commission (AHRC) has received information that the Sri Lankan Navy arrested a civilian and later handed him over to officers of the Maravila Police Station. They in turn handed over the victim to officers of the Criminal Investigation Department (CID). Later the CID officers tortured the victim and denied him urgently needed medical treatment for the injuries suffered due to the torture. He was later produced before the Magistrate of Negombo and remanded. The Magistrate ordered a Judicial Medical Officer (JMO) to examine the victim. 

CASE NARRATIVE: 

According to W.A. Lasantha Pradeep Wijerathna of No. 98, Galahitiyawa, Ganemulla, while he was at Maravila in between 7.30-8pm of 14 August 2010 a group of officers of the Sri Lanka Navy arrested him. Then Navy officers handed him over to the police officers at Maravila Police Station the same day and they in turn handed him over to officers attached to the Criminal Investigation Department (CID).

Lasantha was brought to the CID headquarters at Colombo and detained in a cell on the fourth floor of the building.

At 8.30am on 15 August Sub Inspector (SI) Sanjeewa of the CID came to the cell where Lasantha was detained and took him out. He was taken to another room and questioned as to whether he had any relationship with the Liberation Tigers of Tamil Elam (LTTE) and what he knew about a ship that was scheduled to go to Canada. He repeatedly denied any connection with the LTTE and told the officers he knew nothing about the ship. When he continued to deny any connection or knowledge SI Sanjeewa started to assault Lasantha. He was repeatedly kicked and struck about the head.

SI Sanjeewa kept a wooden board on the head of Lasantha and started to insert nails to the board using a hammer making enormous pain to the head of Lasantha several times but still he (Lasantha) denied any knowledge on the two allegations of having involvement with LTTE and its ship. Several other CID were present and also joined in the assault but while Lasantha could recognised them if he were to see them again he does not know their names.

Lasantha notice there were several other detainees with him in the CID cells while he was being tortured.

Then on 17 August at around 4.30pm Lasantha was brought out from the cell by Inspector of Police (IP) Paranavithana and other officers of the CID and together with some other detainees brought to the office of the Judicial Medical Officer’s (JMO). While they were on their way IP Paranavithana threatened Lasantha and the other detainees that if they revealed any details of the torture they would be further detained with Detention Order (DO) and tortured with the Darma Chakkra method (a method in which the hands and ankles are tied together, a pole is then inserted between them under the knees and the victim is suspended by the pole. The officers then continue to beat the victim whilst he is suspended in this manner. This is common method of torture used by the Sri Lankan police).

As a JMO was not present at the office for examination the officers took them back to the CID. While they were coming back the officers stopped the vehicle at the Elphinston Cinema Hall at Maradana. The officers then told the detainees, including Lasantha, to get out of the vehicle and run fast. It was evident to Lasantha that the officers wanted to make it look as if they were escaping so they could shoot them. However all were handcuffed at that time. Then suddenly IP Paranavithana realised that there was a huge crowd watching and stopped the officers.

After that Lasantha and the others were brought back to the CID offices and question again on similar matters. They also suffered further tortured. Later Lasantha was produced before the Magistrate of Negombo on the suspicion of committing a crime under the provisions of Immigrants and Emigrants Act No. 20 of 1948 and remanded at Remand Prison Negombo.

After being subjecting to continuous torture by the police officers Lasantha suffered several injuries. However, despite the fact that his injuries were severe the officers made no attempt to provide medical attention.

At the very first occasion on 27 August, Lasantha’s relatives were able to get an Attorney-at-Law to appear on his behalf. The Attorney informed the Magistrate that Lasantha was in severe pain due to extensive torture and needed to have proper medical treatment. The Magistrate instructed the prison authorities to provide the necessary medical treatment at the Negombo Base Hospital but he was not given medical treatment till 30 August. He was admitted to ward No. 6, bed 14 on 31 August. The JMO finally examined Lasantha on 1 September.

Despite Lasantha’s relatives informing the court of the torture perpetrated on Lasantha by the offices of the CID the relevant authorities of the state have not yet initiated any steps to investigate the crimes committed against him. The relatives and Lasantha seek an effective, prompt, impartial and independent investigation unto the crimes committed against him and the prosecution of those who committed them.

ADDITIONAL COMMENTS: 

The Asian Human Rights Commission has reported innumerable cases of torture of persons at the hands of the police which is illegal under international and local law. The Asian Human Rights Commission has also observed that the Sri Lankan police use torture as a means of investigation and to force the detainees to confess to or admit to crimes that they have never committed.

Using torture as a tool for investigation has been condemned as a barbaric practice for centuries but it is widely used in Sri Lanka as a systemic practice. The Asian Human Rights Commission has noted and reported hundreds of individual cases in which innocent persons have suffered to get rid of these cases with the prolong delays in court proceedings. The sacred common law principal of ‘innocent unless proven guilty’ has been accepted even by the Constitution of Sri Lanka. Furthermore the duty of the prosecution to prove cases with credible evidence, sometime using modern scientific evidence, seems not to be practically seen in the administration of the Criminal Justice system of Sri Lanka.

The Constitution of Sri Lanka has guaranteed the right to freedom from torture. According to Article 11 of the Constitution No person shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment.

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“.

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.

The 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 with a minimum term of 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 the torturing of people by state officers.

Furthermore, the Asian Human Rights Commission has continuously exposed the way the witness and the victims are getting harass and in some occasions getting killed to suppress the justice by revealing the individual cases happened in island wide. Further we have urged the State of Sri Lanka to adopt a law for the protection of witness protection.

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 torturing finally threatening the witness by the police perpetrators, and the prosecution of those proven to be responsible under the criminal law of the country for misusing their powers as state officers. The officers involved must also be subjected to internal investigations for the breach of the department orders as issued by the police department.

Please note that the Asian Human Rights Commission has already written separate letters to the Special Rapporteur on Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment of the United Nations on this regard.

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