SRI LANKA: Police allegedly torture a man to extract information

ASIAN HUMAN RIGHTS COMMISSION - URGENT APPEALS PROGRAMME

Urgent Appeal Case: AHRC-UAC-206-2008
ISSUES: Police violence, Threats and intimidation, Torture,

Dear Friends,

The Asian Human Rights Commission (AHRC) has received information that the Gampaha police assaulted a person after hanging him from a roof beam in the police station. He was illegally arrested on suspicion of a theft and detained him for 5 days before being produced before a magistrate and released on bail.

CASE DETAILS: (Based on the testimony of Malayappan Kali Dasan)

Several police officers from the Gampaha Police Station went to the house of Mr. Malayappan Kali Dasan at around 10:30am on August 21 and inquired about other persons living on the premisis. Dasan replied that only his wife and two children were with him. Then, the officers asked Dasan to accompany them to a neighbour’s house. As soon as Dasan entered the premises of the neighbour’s house, an officer suddenly caught him by his shirt collar and forced him into a car.

When seeing this, his wife and his eldest daughter came crying and asked where the officers were taking him but the officers scolded them in filthy language. Then, the officers took him to the Gampaha Police Station. According to Dasan, on the way to the police station, he was threatened with a pistol and asked to hand over the jewelry he had stolen from the neighbour’s house. At this time, he came to know that the neighbour might have complained to the police that he had stolen jewelry and for that reason he had been taken into custody. He was, in fact, taken to the police station in the neighbour’s vehicle.

Without any questioning, the officers took him to the upper floor of the police station. There were four police officers including Mr. Bandula Perera, Officer-in-Charge (OIC) and Weerasiri, a police constable. The OIC asked him to hand over the jewelry of which he had no clue. He beat him with a hose pipe on his body, his back, knees, elbows and the soles of the feet. Then, the OIC said, “This is not enough. Hang him.” Then, Dasan was blindfolded and his mouth was covered with a piece of cloth to prevent him shouting. His clothes were removed. The officers tied his hands behind with a piece of cloth and the tied a rope to the cloth.

They put the end of the rope over the beam of the roof and pulled on it so that his body was suspended. When he was hung, an officer hit his head with a hose. This lasted for about one and half hours. He was almost unconscious when he was brought down. When he was taken down, he was asked to lie down and an iron bar was placed on his legs and two police constables stood on each side of the bar which caused severe pain. Officers said, “if you have no money, we will get some from your neighbours, but hand over their jewelry”. Then, he was brought back to the ground floor and his legs were chained. He was caned on the following day.

In the morning on August 26, police recorded his statement and asked him to sign it. He was brought before the Gampaha Magistrate at noon. The Police claimed that the inquiry was not over but Dasan was granted bail of Rs. 100,000 (USD 928) and the day of the trial was fixed for November 3, 2008.

On August 27, Dasan went to a private doctor for medication. As his pain continued, he was admitted to Warakapola hospital from September 1 to 3 where he told a doctor what had happened to him in the police station. The doctor informed this to the Dadigama police and an officer took down his statement.

He went to Warakapola hospital because his parents live nearby and did not want to go to a hospital in Gampaha due to the fear of reprisals from the Gampaha police. He still suffers pain in his head, hands, legs and joints.

ADDITIONAL COMMENTS:

Once again, this is another case of torture which is widespread and the type of torture is commonly committed by the Sri Lankan police. Torture is a common practice by the police to get information or to force persons to confess.

The case of Prasantha who was hung upside down while the police poured the juice of chilies in his eyes and nose in order to extract information is another example (AHRC-UAC-198-2008)

The Penal Code of Sri Lanka stipulates that an arrestee must be produced before a magistrate within 24 hours of arrest, but as shown in this case, Dasan was kept in the police custody for five days without being brought before the court, which is also a common practice by the police.

SUGGESTED ACTION:
Please write to the local authorities listed below and urge them to investigate this case so that those responsible are prosecuted and punished according to the law.

Please be informed that the AHRC has also written a separate letter to the UN Special Rapporteur on the Question of Torture calling for an intervention in this case.

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

SAMPLE LETTER

Dear _________,

SRI LANKA: Police allegedly torture a man to extract information

Name of victim: Malayappan Kali Dasan; married with two children; residing at at 21/1/7, Wickramaarachchi Wawatha, Yakkala, Gampaha; worker in a factory at Balummahara Imbulgoda
Name of alleged perpetrator: 
1. Mr. Bandula Perera, Officer-in-Charge (OIC) 
2. Weerasiri, police constable
3. two other officers
(All officers are attached to the Gampaha Police Station)
Date of incident: On 21 and 22 August 2008
Place of incident: In the Gampaha Police Station, Gampaha Dist I, Gampaha Division, Western Province (North) Range
Date of incident: On 21 and 22 August 2008

I am writing to express my deep concern regarding the torture of a man by the police in order to make him confess in a case of the theft of some jewelry.

According to the information that I have received, at 10:30am on August 21, some officers attached to the Gampaha Police Station went to the house of Dasan where they asked him to accompany them to a neighbour’s house. However, when they were in the premises of the neighbour’s house, officers suddenly arrested him and took him to the police station by the neighbour’s vehicle where, on the way they threatened him with a pistol to return the jewelry.

From the information that I have reveived, on arrival at the police station, the OIC hit him with a hose pipe all over his body asking him to hand over the jewelry and when Dasan denied stealing it, he was blindfolded, stripped naked, his hands tied behind with rope and hung from the beam of the roof by the officers. In that position he was beaten for about one and half hours by four officers including the OIC and PC Weerasiri.

I am aware that Dasan was arrested on August 21 but only brought before the Gampaha Magistrate at noon on August 26 where he was granted bail. Due to the severe pain, Dasan admitted to the Warakapola hospital from September 1 to 3 where he informed this case to a doctor who also informed this to the Dadigama police and an officer took down a statement from Dasan.

I therefore urge you to investigate the case of torture of Dasan by the four officers attached to the Gampaha Police Station so that those responsible are prosecuted and punished according to law and I also urge that this case must be dealt with under the CAT Act No 22 of 1994 and the victim given adequate compensation. Higher police authority such as the Assistant Superintendent of Police must investigate this case in order to make sure that an investigation be conducted thoroughly without any interference or influence.

How is it possible that police officers can arrest a person without evidence, keep him in police custody without producing him before a Magistrate without any intervention even though the police are aware of articles of the Sri Lankan Penal Code. In this regard, I also urge you to investigate those responsible in order to stop this common practice and to withdraw the charge imposed on him.

I take this opportunity to remind the government of Sri Lanka of the fact that Sri Lanka is a state party to both International Covenant on Civil and Political Rights and Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment and torture is not allowed under any circumstances.

Yours sincerely,

—-
PLEASE SEND YOUR LETTERS TO:

1. Mr. Mahinda Rajapakse
President 
Socialist Democratic Republic of Sri Lanka
C/- Office of the President
Temple Trees, 150, Galle Road
Colombo 3
SRI LANKA
Fax: +94 11 2472100 / +94 11 2446657 (this is contact for Secretary to President)  
E-mail: secretary@presidentsoffice.lk

2. Mr. C.R. de Silva 
Attorney General 
Attorney General’s Department 
Colombo 12 
SRI LANKA 
Fax: +94 11 2 436 421
E-mail: ag@attorneygeneral.gov.lk

3. Mr. Jayantha Wickramaratne 
Inspector General of Police
New Secretariat 
Colombo 1
SRI LANKA 
Fax: +94 11 2 440440 / 327877
E-mail: igp@police.lk

4. Secretary 
Human Rights Commission 
No. 36, Kynsey Road 
Colombo 8 
SRI LANKA 
Fax: +94 11 2 694 924 / 696 470 
Tel: +94 11 2 694 925 / 673 806 
E-mail: sechrc@sltnet.lk

5. Secretary 
National Police Commission
3rd Floor, Rotunda Towers,
109 Galle Road
Colombo 03
SRI LANKA
Fax: +94 11 2 395867
Tel: +94 11 2 395310 
E-mail: npcgen@sltnet.lk or polcom@sltnet.lk

Thank you.

Urgent Appeals Programme 
Asian Human Rights Commission (ua@ahrchk.org)

Document Type : Urgent Appeal Case
Document ID : AHRC-UAC-206-2008
Countries : Sri Lanka,
Issues : Police violence, Threats and intimidation, Torture,