SRI LANKA: Cases of torture and extra-judicial killings

SRI LANKA: Cases of torture and extra-judicial killings

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The Asian Human Rights Commission brings to your notice the following 3 cases of torture and extra-judicial killings, committed by the police in Sri Lanka. These 3 cases demonstrates blatant violations of right to be protected from torture and other cruel, inhuman or degrading punishment. In the international law, torture is considered one of the gravest crimes. However, torture by the law enforcement officers in Sri Lanka is rampant.
On June 26, on the UN international day in support of victims of torture, AHRC appeal to you to draw your attention to the gravest crimes like following cases and to join the campaign to stop torture in the world as well as in Asia.
CASES
1. Death As Result of Torture
Name: W. Sujeewa Priyadarshana (31)

Tortured by: Officers and personnel of Thebuwana Police

Date of Death: 30-01-2001 while in remand custody

Action so far: No inquiry; No arrests
2. Tortured to Death
Victim: Mullakandage Lasantha Jagath Kumara (23)

Tortured by: Officers and personnel of Payagala Police

Date of death: 20-06-2000

Action so far: No one arrested yet.
3. Illegal arrest and torture
Name: R. M. Ajith Nawaratne Bandara (37)

Violations by: Officers and personnel of Keselwatte Police, Sri Lanka

Date of Violation: 02-05-2001

Action so far: No action against culprits
DETAILS OF CASES
1. Death As Result of Torture: W. Sujeewa Priyadarshana
Age: 31 years.

Occupation: Labourer.

Civil Status: Married.

Number of Children: 01
01. The above was taken into custody by Sub-Inspector Karunaratne and Thabrew of Thebuwana Police on 15. 01. 2001 at around 1.30 p.m.
02. After taking into custody, he was mercilessly assaulted by the two using their hand and legs.
03. On the same night too Sujeewa was subjected to severe assaulting by these policemen.
04. He was produced before court on 16. 01. 2001 and remanded.
05. A complain has been made to the Matugama A. S. P. on both 15th and 16th January 2001, but the entry was not entertained.
06. The charge against Sujeewa was, illegal possession of 5 grams of ganja (Marijuana). It was SI Thabrew who came to the house and took ganja out of his pocket and introduced.
07. He was again produced before court on 30. 01. 2001 and was remanded for further 6 days due to non-availability of reports.
08. Received information about his death on 30. 01. 2001 at 12.40 at night.
09. Since the report of Judicial Medical Officer (JMO) was not available on Magisterial enquiry at (31. 05. 2001_ the verdict on his death was not given.
10. Police is evading an enquiry into this lapse.
2. Tortured to Death: Mullakandage Lasantha Jagath Kumara
Age: 23 yrs.

Civil Status: Married.

Number of Children: 01

Address: 315 A, Weragala, Payagala.

Occupation: Soldier.
01. He was taken into custody by Payagala Police on 12.06.2000, illegally detained for 5 days till 17.06.2000 and was subjected cruel and inhuman torture during the period.
02. He was produced before Kalutara Magistrate on 17. 06. 2000 and remanded.
03. As a result of severe assaulting, he died at Welikada Prison on 20. 06. 2000.
04. The Judicial Medical Officer (JMO) at the autopsy ruled that the death was due to damages caused to muscles and tissues by blunt weapon which rendered the kidneys ineffective.
05. The magistrate who held the enquiry into the death was of the opinion that this was a homicide.
06. An enquiry into this death was held at Colombo Magistrate’s Court (Hall No. 02) under B/901/2000. Police failed to appear in court for 6 months to undertake the investigation into the case.
07. Subsequently, the investigation was handed over to Deputy Inspector General (DIG) South. Suspects named are police personnel belonging to Payagala Police Station. Police officers who investigated into this murder and presented materials before court are all doing so in order to save these police personnel who are involved in this murder. They have invariably presented incorrect materials before court. Evidence given by witnesses has not been recorded while some witnesses have been threatened.
08. Presently, the police have submitted a report on this murder to the Attorney General. This report too contains full of incorrect material. No response has been received from the Attorney General’s Department as yet.
09. The Magistrate is acting to appease the police in this particular case. He doesn’t issue orders to arrest the suspects.
10. The Payagala Police personnel who are responsible for this murder case are as follows:
i. Police Inspector Iddamalgoda. (Officer-In-Charge – OIC)

ii. Police Inspector Prasanna Wickramaratne.

iii. Police Sergeant Somaratne.

iv. Police Sergeant Gunaratne.

v. Police Constable Nimal.

vi. Police Constable Chandrasiri.

vii. Police Constable Saman.

viii. Police Constable Ratnasiri.

xi. Police Constable Sanath

x. Security Assistant Ananda.

3. Illegal arrest and torture: Ajith Nawaratne Bandara
Age: 37 years.

Occupation: Motor mechanic.

Civil Status: Married.

Address: 19/ 08, Sriya Mawatha, Keselwatte, Panadura.
01. Ajith Nawaratne Bandara was taken into custody by the Keselwatte Police personnel on 02. 05. 2001 at around 12.30 p.m.

02. He had since been subjected to assault.

03. Keselwatte Police Officer-in-Charge (OIC) Prasanna Silva, Sergeant Palitha Perera, Assistant (SA) Sunil and Jeep Driver Upasiri were among those who assaulted him.

04. Subsequently, Ajith Nawaratne Bandara was taken to Panadura Hospital Distric Medical Officer’s (DMO’s) official residence, but the doctor had not examined him. Police sergeant Palitha, Jeep driver Upasiri and Assistant (SA) Sunil are the police personnel who took him to the DMO.

05. A particular form given by the DMO was duly filled in by the police personnel by placing it on the root of the car parked in front of the doctor’s bungalow and handed over to the DMO.

06. Ajith Nawaratne Bandara was then taken to a house at Wellabeda (Panadura) leaving him in the company of the assistant outside, other two had gone inside the house and came out with a document. That house turned out to be the bungalow of the Magistrate.

07. The magistrate had not examined Ajith Nawaratne Bandara nor questioned him. Later, he was taken to the remand cell.

08. On 04. 05. 2001 Ajith Nawaratne Bandara was presented before the Court on false charges of possessing heroin and was bailed out with a cash bail of SLRs. 3,000 (Sri Lanka Rupees three thousand).
09. He entered Kalubowila Hospital on the same day i.e. 04. 05. 2001 and took treatment for 05 days as an inpatient.
10. Complaints made to the OIC of Panadura police and to the Human Rights Commission of Sri Lanka to take action against this unlawful act have met with no success or response up-to-date.
SUGGESTED ACTION

Please write to the President, Inspector General of Police and Attorney General of Sri Lanka, urging them to prosecute police officers responsible for these cases and send copies to the chairperson of the Human Rights Commission of Sri Lanka and Special Rapporteurs of the Commission on the Human Rights on the question of torture and extrajudicial, summary or arbitrary executions.

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