SRI LANKA: A woman is tortured

ASIAN HUMAN RIGHTS COMMISSION-URGENT APPEAL PROGRAMME

Urgent Appeal Case: AHRC-UAC-030-2013

28 February 2013
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SRI LANKA: A woman is tortured by Rajanganaya Police and laid with false charges

ISSUES: Violence against woman; torture; impunity; rule of law
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Dear friends,

The Asian Human Rights Commission (AHRC) has received information that Ms. Punchibandage Indrani was severely tortured by the Officer-in-Charge (OIC) of Rajanganaya Police Station. On this day police officers including the OIC came to Indrani's home and assaulted her brother- in-law. Prior to the beating neither the OIC nor any of the officers present gave any reason for the assault. Indrani has been falsely charged with obstructing the police and having illegal liquor. She has made a complaint to the Human Rights Commission of Sri Lanka but to-date no action has been taken. This case is yet another illustration of the exceptional collapse of the rule of law in the country.

CASE NARRATIVE:

Ms. Punchibandage Indrani of, 6th Yaya, Angamuwa, Rajanganaya (Near the pump house) in Anuradhapura District is 45 years of age, married and a farmer by occupation.

On 7 November 2012, at about 7.30 in the evening, Indrani was at her house with Nimalka Krishanthi, her 3rd daughter and Nimalka's husband Anil Wijerathne. Three people in black coats approached her kitchen asking for the whereabouts of the people living in the house. Indrani recognised two of them as Sergeant Amarasinghe and Liyanarachchi who were from the Rajanganaya Police Station,

Anil Wijerathne, Indran's son-in-law was in the toilet at that time he came out inquiring as to who they were. The three men directed a torch beam into his face and introduced themselves as officers from Rajanganaya and then without any cause they started to beat him. Anil managed to return to the toilet to escape further beating. The officers stood outside guarding him. One of the men phoned the Officer-in-Charge of the police station and said "He is here. We captured him."

Kumarasena, the OIC and three other officers came by a three-wheeler. Two officers were wearing uniforms and four including the OIC were in civilian dress. The officers who were guarding the toilet told the OIC that he Anil was in the toilet. The OIC took him out, and began to beat him severely. Once again Anil ran away because the beating was unbearable.

After that the OIC got a pole and said, "No need to worry about his running away. We can take these two harlots instead of him". Then they forced Indrani and her daughter into the jeep. They were taken to the Raganganaya Police Station at around 8.30 pm. Only male police officers accompanied them in the jeep.

After they were taken to the police station, the OIC made them enter a nearby room and asked an officer to bring two cans of illicit liquor (Kasippu). The OIC tried to persuade Indrani to place her fingerprints on one of them. She asked the OIC "Why should I accept illicit liquor without doing any wrong?" The OIC was angry and told her, "I know how to prosecute and how to handle the case" and went away.

A few minutes later, the OIC came back with a two and half feet long hose pipe and threatened her to put her finger prints on the can. He began to beat her six or seven times on her back, thighs and head. Due to the attack against head Indrani was made temporarily blind. When Indrani collapsed to the floor the OIC made ready to beat her daughter. At that time Indrani pleaded with the police officer not to beat her daughter and promised him to place her finger prints on the can. She then did so although it was entirely against her will.

Her Daughter and Indrani were put into separate cells at 10.30pm by a women police constable. Indrani started screaming at about 12 midnight due to the pain caused by the severe beating, but none of the officers took any notice of her. She asked for water but none was provided.

On 8 November 2012 at about 5 am Indrani's daughter was placed in the same cage as Indrani. Then at around 9 am Indrani was taken out by officer Liyanarachchi and was brought to an officer at the section where complaints are recorded.

She was forced to sign a complaint which was written earlier. When Indrani refused to do so an officer (His name was unknown, but she could still recognize him) threatened and said that if she refused to sign she would undergo further beatings. Then Indrani asked for the statement to read, but it was refused. Finally she signed it out of fear. She was then replaced in the cell with her daughter.

At about 11 am they were taken to the Magistrate's Court and two cases were filed against them. One case was under the false charges of obstructing the official duty of police officers against both of them and the other was against Indrani under the false charges of keeping 25 bottles of illegal alcohol. Indrani vehemently states that police did not take any of those bottles from her custody or from her house. Indrani reiterates that she is not involved in any illegal activity, nor is any of her daughters or son-in-laws.

Indrani was remanded for 14 days. When she was at the Anuradhapura Prison she was admitted to the prison hospital due to the pain in her hands.

Indrani was released bail of Rs. 35,000.00 in cash Rs. 200,000.00 surety on the 20 of November. However she was Indrani was arrested on the same day due to the charges of obstructing to the official duty of police officers. She was set free again on the 21 November on case bail of Rs. 6,000.00 and Rs. 100,000.00 surety.

Indrani's health deteriorated and on the 22 of November she was admitted to the Thambuththegama Government Hospital. She was discharged on 26 November. Now she cannot raise her hands due to the severe pain. She said that she was taken by the police for no reason and was tortured by the OIC, whose name is Kumarasena.

Indrani made a complaint to the Sri Lanka Human Rights Commission (HRC) just after she was discharged from the hospital but does not know if any inquiries have been made into the violation of her rights. Indrani appeals for justice.

ADDITIONAL COMMENTS:

The Asian Human Rights Commission has reported innumerable cases of torturing innocent by the Sri Lankan police which are illegal under international and local law which have taken place at different Police Station in the country over the past few years.

The State of Sri Lanka had signed and ratified the Convention Against Torture on 3 January 1994. Following its obligation as a state party to the CAT Sri Lanka adopted Act number 22 of 1994. The law adopted by the Sri Lankan parliament making torture a crime that can be punishable for minimum seven years and not less than ten years on being proven guilty. The Attorney General of Sri Lanka is supposed to file indictments in the case where credible evidences are found on torturing people by state officers.

SUGGESTED ACTION:
Please send a letter to the authorities listed below expressing your concern about this case and requesting an immediate investigation into the allegations of illegal arrest, illegal detention and torturing by the police perpetrators, and the prosecution of those proven to be responsible under the criminal law of the country for misusing powers of a state. The officers involved must also be subjected to internal investigations for the breach of the department orders as issued by the police department. Further, please also request the NPC and the IGP to have a special investigation into the malpractices of the police officers for abusing the state officers' powers.

Please note that the AHRC has also written a separate letter to the Special Rapporteur on Torture and other Cruel, Inhuman or Degrading Treatment or Punishment on this regard.

To support this appeal, please click here: 

SAMPLE LETTER:

Dear ________,

SRI LANKA: A woman is tortured by Rajanganaya Police and laid with false charges

Name of the victim: Ms. Punchibandage Indrani of 6th Yaya, Angamuwa, Rajanganaya (Near the pump house), in Anuradhapura District
Alleged perpetrator: Officer-in-Charge (OIC) of Rajanganaya Police Station and several other police officers attached to the Rajanganaya Police Station
Date of incident: 7 November, 2012
Place of incident: Rajanganaya Police Division

I am writing to express my serious concern over the case of Ms. Punchibandage Indrani of, 6th Yaya, Angamuwa, Rajanganaya (Near the pump house) in Anuradhapura District. Indrani is 45 years of age, married and a farmer by occupation.

On 7 November 2012, at about 7.30 in the evening, Indrani was at her house with Nimalka Krishanthi, her 3rd daughter and Nimalka's husband Anil Wijerathne. Three people in black coats approached her kitchen asking for the whereabouts of the people living in the house. Indrani recognised two of them as Sergeant Amarasinghe and Liyanarachchi who were from the Rajanganaya Police Station,

Anil Wijerathne, Indran's son-in-law was in the toilet at that time he came out inquiring as to who they were. The three men directed a torch beam into his face and introduced themselves as officers from Rajanganaya and then without any cause they started to beat him. Anil managed to return to the toilet to escape further beating. The officers stood outside guarding him. One of the men phoned the Officer-in-Charge (OIC) of the police station and said "He is here. We captured him."

Kumarasena, the OIC and three other officers came by a three-wheeler. Two officers were wearing uniforms and four including the OIC were in civilian dress. The officers who were guarding the toilet told the OIC that he Anil was in the toilet. The OIC took him out, and began to beat him severely. Once again Anil ran away because the beating was unbearable.

After that the OIC got a pole and said, "No need to worry about his running away. We can take these two harlots instead of him". Then they forced Indrani and her daughter into the jeep. They were taken to the Raganganaya Police Station at around 8.30 pm. Only male police officers accompanied them in the jeep.

After they were taken to the police station, the OIC made them enter a nearby room and asked an officer to bring two cans of illicit liquor (Kasippu). The OIC tried to persuade Indrani to place her fingerprints on one of them. She asked the OIC "Why should I accept illicit liquor without doing any wrong?" The OIC was angry and told her, "I know how to prosecute and how to handle the case" and went away.

A few minutes later, the OIC came back with a two and half feet long hose pipe and threatened her to put her finger prints on the can. He began to beat her six or seven times on her back, thighs and head. Due to the attack against head Indrani was made temporarily blind. When Indrani collapsed to the floor the OIC made ready to beat her daughter. At that time Indrani pleaded with the police officer not to beat her daughter and promised him to place her finger prints on the can. She then did so although it was entirely against her will.

Her Daughter and Indrani were put into separate cells at 10:30pm by a women police constable. Indrani started screaming at about 12 midnight due to the pain caused by the severe beating, but none of the officers took any notice of her. She asked for water but none was provided.

On 8 November 2012, at about 5 am, Indrani's daughter was placed in the same cage as Indrani. Then at around 9 am Indrani was taken out by officer Liyanarachchi and was brought to an officer at the section where complaints are recorded.

She was forced to sign a complaint which was written earlier. When Indrani refused to do so an officer (His name was unknown, but she could still recognize him) threatened and said that if she refused to sign she would undergo further beatings. Then Indrani asked for the statement to read, but it was refused. Finally she signed it out of fear. She was then replaced in the cell with her daughter.

At about 11 am they were taken to the Magistrate's Court and two cases were filed against them. One case was under the false charges of obstructing the official duty of police officers against both of them and the other was against Indrani under the false charges of keeping 25 bottles of illegal alcohol. Indrani vehemently states that police did not take any of those bottles from her custody or from her house. Indrani reiterates that she is not involved in any illegal activity, nor is any of her daughters or son-in-laws.

Indrani was remanded for 14 days. When she was at the Anuradhapura Prison she was admitted to the prison hospital due to the pain in her hands.

Indrani was released bail of Rs. 35,000.00 in cash Rs. 200,000.00 surety on the 20th of November. However she was Indrani was arrested on the same day due to the charges of obstructing to the official duty of police officers. She was set free again on the 21 November on case bail of Rs. 6,000.00 and Rs. 100,000.00 surety.

Indrani's health deteriorated and on the 22 of November she was admitted to the Thambuththegama Government Hospital. She was discharged on 26 November. Now she cannot raise her hands due to the severe pain. She said that she was taken by the police for no reason and was tortured by the OIC, whose name is Kumarasena.

Indrani made a complaint to the Sri Lanka Human Rights Commission (HRC) just after she was discharged from the hospital but does not know if any inquiries have been made into the violation of her rights.

I am aware that Sri Lanka had signed and ratified the Convention Against Torture on 3 January 1994. Following its obligation as a state party to the CAT Sri Lanka adopted Act number 22 of 1994. The law was adopted by the Sri Lankan parliament making torture a crime that can be punishable for minimum seven years and not less than ten years on being proven guilty. The Attorney General of Sri Lanka is supposed to file indictments in the case where credible evidences are found on torturing people by state officers. If the authorities leave the law without implementing it for ensuring justice to the victims and protecting the citizens from torture, then what is the use of making a law against torture? I assume that the authorities bear the spirit of the law, which was legislated by the parliament, and responsibility to administer justice to the aggrieved persons who suffer from torture endlessly in a flawed policing and criminal justice system of the country.

I further request your urgent intervention to ensure that the authorities listed below instigate an immediate investigation into the allegations of illegal arrest, illegal detention, torture by the police perpetrators, and the prosecution of those proven to be responsible under the criminal law of the country for misusing powers of state officers and for wrongful prosecution. The officers involved must also be subjected to internal investigations for the breach of the department orders as issued by the police department.

Yours sincerely,

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PLEASE SEND YOUR LETTERS TO:

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

2. Mr. Sarath Palith Fernando
Attorney General
Attorney General's Department
Colombo 12
SRI LANKA
Fax: +94 11 2 436421
E-mail: ag@attorneygeneral.gov.lk

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

4. Secretary
Sri Lanka Human Rights Commission
No: 165 Kynsey Road,
Borella, Colombo 8.
SRI LANKA
Fax: +94 11 2694924
Email: sechrc@sltnet.lk

Thank you.

Urgent Appeals Programme
Asian Human Rights Commission (ua@ahrc.asia)