SRI LANKA: An innocent 19-year-old was illegally arrested, tortured and forced to sign fraudulent documents by the Bandaragama police 

Dear friends,

The Asian Human Rights Commission (AHRC) has received information that Mr. Abasinghegedara Mahesh Niroshan Palamakumbura, a 19-year-old machine operator was illegally arrested, severely tortured and forced to sign fraudulent documents by police officers who wanted to use him as a witness against two others. After severely beating Mahesh they threatened to cut off his legs and hands with an electric power tool. This case is yet another illustration of the exceptional collapse of the rule of law in the country and the extent to which Sri Lankan police officers will go to boost their arrest records.

CASE NARRATIVE:

Mr. Abasinghegedara Mahesh Niroshan Palamakumbura (19), of Kothalawala Road, Kolamadiriya, Bandaragama in the Kalutara District is a machine operator by proffession.

On 16 June 2012, Mahesh at 8 pm went from his house to a bouitque in his village to buy a beetelnut and aricunuts. When he was passing the estate of a man called Wasantha sudenly Wasantha along with another person grabbed Mahesh, ordered him to be silent and then dragged him to a house in that estate. After shutting the door they tied his wrists and ankles and then both of them started to beat Mahesh.

After some moments they called to a person called Sarath Perera. Later Mahesh was able to identify him as Police Sergeant Sarath Perera attached to the Bandaragama Police Staiton. They informed him that they had caught someone and requested to come to the place. Within just ten minutes Sergeant Perera came to the scene.

Then Sergeant Perera started to torture Mahesh. He beat the soles of his feet with a pole. Then he started to beat him about the head and face, as well. Mahesh started to faint due to the pain and trauma and the police officer released his hands and legs. Mahesh believes that the other person who was with Wasantha was also a police officer by the he talked, and behaved with Sergeant Perera.

After the beating Sergeant Perera ordered Mahesh to make a statement that persons called Thushara and Damith had committed a theft. Mahesh told the officer that he was not aware of such information. Then Sergeant Perera threatened Mahesh that if he did not do what he was told he would face more vigorous torture than he had already experienced. Further Sergeant Perera told him that he was going to record him when he making that statement.

At first Mahesh refused and then Sergeant Perera took up an a electric timber cutter and showed it to Mahesh. He told Mahesh that if he did not comply with his orders he would cut off his legs and hands. On hearing that and being afraid of further torture Mahesh told the officers that he would make the statement. A little while later Mahesh was brought to a police jeep which was parked close to the estate and they went in the direction of the Bandaragama Police Station. On the way the police officers stopped the jeep and arrested a person called Thushara.

At the police station Mahesh was locked up in the cell. The next day at 10 am he was brought out from the cell to make the statement and when he was asked to sign the document he did as he was ordered.
At 2 pm he was produced before the Magistrate of Horana and remanded for two days. When he was brought to the Kalutara Remand Prison one of the duty officers assaulted him his fists. When he informed the prison officer that he was tortured at the hands of the police officers he was admitted to the Prison Hospital. When he was produced in court on 19 June he was realsed on bail. As his condition worsended he was adminted to the Bandaragama Government Hospital where he was treated for two days and discharged on 21 June.

Mahesh states that he was illgally arrested, detained and tortured as the police wanted to have a witness for fabricated case against two other persons. Finally they filed a fabricated charge againt him also as they wanted to remand him and supress the story of the torture they commited on him. Mahesh states that his fundamental rights guaranteed under the Constitution of the country were violated by the police officers and that justice has been denied.

After Mahesh was released from the remand prison he made a complaint to the Assistant Superintendent of Police (ASP) Horana regarding the violations of his rights and requested an independent investigation. To date no authority has started any investigation into the violation of his rights.

ADDITIONAL COMMENTS:

The Asian Human Rights Commission has reported innumerable cases of torturing innocent 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.

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, illegal detention, torturing 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. 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.

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.

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