SRI LANKA: Brutal torture of a young man by the Kurunegala police after being arbitrarily detained 

Dear friends,

The Asian Human Rights Commission (AHRC) has received information regarding a brutal torture of a 24-year-old man named D Chamara Lanka by the Kurunegala police during his arbitrary detention from 27 to 30 May 2006. He was arrested on the allegation of his involvement in a theft case. The manner he was tortured by the police is very brutal and he was illegally detained about 3 days in violation of the law. According to the Sri Lankan law, the police must produce a person before court within 24 hours after the arrest. The victim claims that the police implicated him with fabricated charges. During his detention at the police station, the victim had not received any medical attention despite his serious injuries due to torture. He was released on bail on June 4.

On 27 May 2006 two policemen from the Kurunegala Police Station came to the house of Mr. D Chamara Lanka, 24-year-old three wheel driver, in Puttalam Road, Kurunegala, Sri Lanka. As Chamara Lanka was not at home at that time, the policemen left a message for him to come to the police station. After receiving the message upon his return home, he went to the police station at around 5:30pm according to the police’s instruction. As the police also ordered his parents to accompany him they also went along with their son to the police station.

The Officer-in-Charge (OIC) of crimes branch then accused Chamara of being involved in a theft at a nearby house. Even though Chamara denied this accusation and claimed that he knew nothing about the incident, the OIC simply turned down his claim and instructed a policeman to detain him. Accordingly, this policeman handcuffed Chamara to a bar of a window at the police station and chased his parents away.

Chamara remained handcuffed to a bar of the window for several hours until about 9:00pm to 10:00pm that night. Thereafter another policeman in civilian clothes walked up to Chamara and began questioning him about the theft. He also assaulted him with a pole whilst questioning him. Although Chamara denied his involvement, the policeman continue to brutally beat the whole of his body, especially on his feet, buttocks and back for about half an hour. He then left him handcuffed to the window bar until the following morning (May 28).

At around 2:30pm on May 28, several policemen took him to another room at the police station. They forced him to lie on the ground and placed his arms and feet together. They then inserted an iron pole between his arms and legs and suspended the pole between two tables. Due to this,  Chamara was left precariously dangling by his limbs on the pole (this method of torture commonly used by Sri Lankan police is called the “Dharma Chakraya”). They then began to assault him all over his body, while demanding him to confess where he hided the stolen goods. Chamara screamed helplessly due to unbearable pain but the policemen did not stop torturing him. After that, the policemen poured water on his face causing him to almost suffocate.  Despite the fact that he was severely injured and unable to walk, they put him into the lock-up without giving any medical attention.

Chamara was taken to the Kurunegala General Hospital only in the afternoon of the following day (May 29). He reported the doctors, who examined him, that he was brutally tortured by the police. However he was brought back to the police station after receiving inadequate medical treatment. The police then recorded his statement and forced him to sign a document the contents of which he was not informed of.

Even though a person arrested must be brought before a magistrate court within 24 hours after his/her arrest, Chamara was only produced before the Kurunegala Magistrate’s Court only on May 30 (three days after his arrest) with charges of theft. However, the victim insists that the charges were fabricated by the police. The court ordered to release him on bail. However no one was present at the court to pose bail for him as the police did not properly inform the victim’s family of his appearance in court. Subsequently, Chamara was remanded until June 4 on which date he was released on bail. As soon as he was released, Chamara was rushed to the Cooperative Hospital in Kurunegala where he obtained medical treatment for his serious injuries.

SUGGESTED ACTION:
Please write to the relevant authorities listed below and ask that an impartial investigation be launched into this matter without delay. The alleged perpetrators must be restricted from their duty once the investigation commences and appropriate charges must be filed against them under the Convention against Torture Act (Act No. 22 of 1994) if the allegations are found to be true.

Please also urge the concerned Government agencies to afford medical and rehabilitation assistance to the victim without delay. The victim and his relatives must also be provided with appropriate protection if the situation requires. They must be protected from any harassment and intimidation should they file charges in a court of law against the perpetrators.

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