SRI LANKA: New technique to impede investigation into cases of torture and false charges

Dear Friends,

The Asian Human Rights Commission (AHRC) has received information that a father and his 14-year-old son were illegally arrested and taken to Kurunegala Police Station by officers on 11 July 2008. The officers did not produce them in court within the required statutory 24 hours. During nine days’ detention, the officers tortured the son to confess the crime and fabricated charges based on the confession.

CASE DETAILS: (Based on the testimony of Jayanthi Ramyalatha wife and mother of the victims)

At about 11pm on 11 July 2008, a group of armed police officers attached to Kurunegala Police Station banged on the door of the house of B. Sumedha. When Sumedha’s 14-year-old son Sanjaya opened the door, four officers entered the house. They cuffed Sumedha and searched the entire house without any warrant or notice. They dug up the entire floor with an axe for about 30 minutes and left taking Sumedha and Sanjaya to the police station.

On 12 July at 8:30am, Jayanthi, Sumedha’s wife went to the police station where she saw her husband, but was not allowed to speak to him. She then asked officers to see her son. They told her to go to the first floor of the building and there she saw her son Sanjaya sitting on a bench, his face was swollen. The mother asked the boy what had happened he told her that he had been beaten by a police officer, Channa Abeyrathna, who interrogated him about a theft. Sanjaya initially denied any part in the matter but after being beaten, he confessed his involvement.

After this, Jayanthi told the officers that they were not involved in any thefts but the officer told her that Sanjaya had already confessed that he had broken into a house. When Jayanthi asked her son why he said so, he said that he was scared that the officers would continue to beat him. After that, she went downstairs to meet officer Channa, who asked Jayanthi to tell the truth about the incident. She again denied involvement in a theft. The officer then shouted and scolded her using foul language.

An officer came to her and asked whether they had pawned the stolen goods. When Jayanthi denied such an action, the officer threatened her and demanded to see her National Identity Card. The officer then took the card together with her passport.

At 8:30am on July 13, Jayanthi again went the police station to see her husband and son. On this occasion the police told her not to come again to the police station before July 18. On July 14, Sumedha’s two brothers B. Sarath and B. Nihal went to the police station. Sanjaya told them that his hands were tied behind his back and that he had been hung and beaten up for two days. Jayanthi also saw the marks on his hands.

They went to the police station again on July 16 and 17. Sumedha told them that the police had said that unless he revealed the place where they had hidden the stolen jewelry, they would be killed. To avoid the continuous beatings, Sumedha told the police that he had given the jewelry to his sister’s daughters. Hearing this, Sumedha’s sister B. Mallika and her son-in-law Kamal went to the police station where Kamal was promptly remanded for about half an hour before being released.

On July 18, Jayanthi and B. Mallika went to the police station but were told to leave. On the same day, they went to the Human Rights Commission Branch office in Kurunegala and lodged a complaint (No. HRC 3877/2008). When they went informed staff at the police station them that they had reported this to the Human Rights Commission Branch office, an officer scolded them and threatened them to withdraw the complaint. Jayanthi subsequently made a written complaint of the incident to the Inspector General of Police.

On July 19, officers took Sanjaya to the hospital and also to the additional magistrates. Sanjaya was released on bail but Sumedha was charged with theft of the jewelry and remanded. Cases against them were filed before Kurunagala Magistrate Court (Case No. B 93474/2008 and B 93473/2008). Meanwhile, Sanjaya was admitted to Kurunegala Hospital ward No 47 on July 21. He was discharged on July 25 after receiving medical treatment for five days.

The letter for investigation made by Jayanthi was sent to Inspector General of Police (IGP) and Deputy Inspector General (DIG) and Head Quarter’s Inspector (HQI). However, Director Police Legal Division replied, on behalf of the IGP, saying that Assistant Superintendant of Police (ASP)–1, Kurunagala has informed that the mother said that she did not want any further inquiries and that she had made the complaint at the request and the insistence of the officers at the HRC-Kurunagala. However, Jayanthi says that she has never made such a comment and her signature was taken to a document when she met the ASP–1 but she does not know what the documents were.

SUGGESTED ACTION:
Please write to the local authorities listed below and demand urgent intervention in this case so that those responsible are prosecuted and punished according to the law

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

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