SRI LANKA: Illegally arrested and tortured by Wilgamuwa police

SRI LANKA: Illegally arrested and tortured by Wilgamuwa police

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A clear pattern is emerging in cases of torture by the police based on several similar cases in Sri Lanka, that is, a person is arrested on the mere suspicion of committing a crime or some tip-off, no attempt is made to check the facts before arresting the person, the method of finding out the ¡°truth¡± is by severe torture. The people who receive the worst treatment are often innocent people who are unable to give the information that is requested.

This was the situation of Jerald Perera, who is now on a life-support system. In his case, torture was inflicted on the basis of some flimsy information that the police now admit is false. It was also the case of Padmini Herat, who was tortured and sexually assaulted in a brutal manner and who was asked to sign a document about the robbery of a Buddhist statute that she knew nothing about. It was also the case of Angelina Roshana, who was severely tortured on the suspicion that she stole a gold watch, a charge that the complainant and the police have now withdrawn 18 months later and who was discharged by the magistrate of the charges just this month. Now one of the police officers who inflicted the torture in the Angelina Roshana case has fled the country as an indictment is likely to be filed against him by the State for torture, a crime which carries a mandatory seven-year sentence in Sri Lanka. This was also the situation of Lalith Rajapakse, who suffered severe injuries

that doctors have described as endangering his life.

These are just a few examples. For a more complete understanding of the situation, see the archives of AHRC’s urgent appeals at <www.ahrchk.net/ua> and another torture case by the police is below.
 

CASE DETAILS

The case of Ehalagoda Gedara Tennekoon Banda, a farmer and father of three children

Tennekoon Banda, 36, was arrested at his home (No. 2007 Wanarawa, Perakanatte, Wilgamuwa) at about 7:30 p.m. on June 12, 2002, by two police officers from the Wilgamuwa police station in Sri Lanka where he was then taken and mercilessly assaulted during the night. The two officers who tortured him were S. I. Nalin Gunawardene and Police Constable Ratnayake (2304-Police identity number). He was not given any reason for his arrest nor were any charges filed before any court. While he was being tortured, he was asked, “Where is the kassipu (illicit liquor) and dagara (a raw material used to make illicit liquor)?” These questions indicate that the police may have been given a tip-off by someone that Tennakoon Banda was engaged in the illicit liquor business. Coming from a deeply Buddhist family with a brother who is a Buddhist monk, Tennekoon Banda has not been involved in any illicit business.

At about noon on June 13, the police released Tennekoon Banda to his wife, H. N. K. W. Amarawathi, and his sister¡¯s son, N. G. Wijekumara, but he was in critical condition. He could not eat, could not talk and could not walk. He was admitted to the Kolongoda government hospital where he was treated until June 21 when he was released from the hospital.

The injuries recorded by the doctors on the admission form, a copy of which was given to the patient when the hospital discharged him from the hospital, include contusions on the inside of his upper lip, two contusions on the back of his shoulder, a large contusion on his forehead and contusions on both hands. The judicial medical officer¡¯s (JMO) report is still awaited.

While being tortured, Tennekoon Banda told the police officers that he had two surgeries not long ago and showed the marks on his lower abdomen. However, this made no impression on the torturers as they continued to torture him.

Because of torture, this farmer will now be unable to function as a farm worker for a considerable period of time.
 

SUGGESTED ACTION

Please write to the Sri Lankan government and urge them to take the following action:

1. Inquire into this complaint

2. Prosecute the officers involved under the Prevention of Torture Act No. 22 of 1994

3. Pay for the medical costs and provide compensation to the victim, which should include financial assistance during the time he will not be able to perform his normal employment as a farm worker.

In your letter, please also note that a clear pattern is emerging in torture cases in Sri Lanka: people are being arrested without a proper investigation of the complaint by the police and torture is inflicted on people to find out the ¡°truth.¡±

Because there are so many cases of torture being reported from Sri Lanka in addition to this case, please ask the government to seek the assistance of UN agencies to establish an expeditious system of prosecution of the offenders under Act No. 22 of 1994 and to pay adequate compensation to the victim.
 

 

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