Police
on trial for torture
By Nalaka Nonis
An upsurge in the cases of police torture and violations of human
rights in recent months is causing deep concern and shock among
the people and civic action groups.
The
situation has become so grave that the Asian Human Rights Commission
Chief Basil Fernando wrote to National Police Commission Chairman
Ranjith Abeysooriya this week telling him to quit if he could not
take effective action against the growing incidence of police torture
with some of the cases bordering on the most brutal or barbaric.
Despite
efforts by the Human Rights Commission to improve the basic rights
of people who are arrested by the police several cases of deaths
or brutal torture in police custody have hit the headlines in recent
weeks and months.
Some of the allegations go like this:
S.H.
Abeysinghe, a recruit police constable died mysteriously while he
was serving in police headquarters in Trincomalee on May 17 this
year. His wife says she had suspicions about her husband's death
because he had been threatened or allegedly assaulted by some officers,
though the post mortem report said the death was due to excessive
drinking.
A Sub
Inspector at Welipenna is alleged to have given a rare form of torture
to a suspect - the transmission of a disease. It is alleged that
the Sub Inspector had got a TB patient to spit into the mouth of
suspect Palitha Tissa Kumara who is now infected with TB, as stated
in a fundamental rights case filed by him.
Some
police personnel in Matale have been accused of pouring boiling
water on the legs and genitals of Saman J.V Priyankara' on July
7 allegedly warning him to withdraw an earlier torture allegation
he had made against the police.
Some
personnel of the Panadura police have been accused of arresting
and brutally torturing a 17-year-old schoolboy of Panadura over
an unsubstantiated charge of robbing items from a police officer's
house. The schoolboy Akila Dilhara de Silva says he was tortured
inhumanly by the police though they had little or no evidence for
the charge that he was behind the burglary at the residence of Inspector
Prasanna Ginige, of the Field Force Headquarters.
The
boy said that on June 7 police had stormed his house and forced
him to come to the station without telling him why he was being
taken. "They told me about a burglary in Inspector Ginige's
house and pressed me to tell what happened. They said they would
settle the matter amicably if I confessed or else I would be dealt
with seriously. I said I didn't know anything. Then I was put in
the police cell."
"
After keeping me in the cell for about one hour they took me out
and started beating me on my head and back with a hose for about
15 minutes while I was handcuffed with my hands over the shoulder,"
he said.
Akila
said that thereafter around 9 p.m. he was handcuffed to a table
for about one and half hours and during that time he saw Inspector
Prasanna Ginige at the police station making a complaint over a
burglary at his house.
"The
next morning about 11.30 I was taken out and assaulted after being
handcuffed in the same posture as they did earlier. They hit me
on my genitals as well. I cried out to remove my handcuffs because
my hands were numb but the policemen refused saying I had enough
strength to bear the pain. The police threatened that if I did not
confess I would be implicated in another case like possessing heroin
or a grenade," Akila said.
He
said that around 8.30 that night police took him to the house of
Prasanna Ginige with handcuffs still on and showed some shoe prints
which they claimed were similar to his.
Akila's
mother Hemalatha Perera told The Sunday Times that while her son
was in the police custody Inspector Ginige had ordered them to bring
a pair of shoes worn by her son. Akila said Inspector Ginige had
threatened to kill him and bury him in the village cemetery.
He
said later that night some policemen were drinking and they tried
to force him to have a drink warning that otherwise they would take
him to the beach and have him as their bite.
The
schoolboy said his mother had then gone to the Human Rights Commission
and the police had promised to release him by about 3 p.m. on June
9 but he was released only by about 7 p.m.
He
said he was later admitted to the Kalubowila hospital because he
was bleeding from the nose. He underwent several tests and X rays
and was examined by an ENT specialist, neurologist and psychiatrist.
The
schoolboy said the ordeal did not end there. He claimed that on
June 19 when he was coming out of hospital he was forcibly taken
to the Mirihana police by three people who had come in a white Hiace
van and were clad in civvies.
The
schoolboy said he was taken to the Mirihana station and beaten with
a bat before being allowed to go, though he was warned he would
be taken in again.
Akila's
mother said they were continuing to get threatening telephone calls.
Her son's life and education had been disrupted to such an extent
that he was often forced to stay away from home and take private
tuition.
Meanwhile
Panadura police admitted that they arrested the victim on a complaint
of burglary and later released him because they did not have evidence.
However the police denied the allegations of torture.
Human
Rights Commissioner N.Selvakumar said that while probing the schoolboy's
allegations the HRC had setup a new unit - for Torture Prevention
and Monitoring with a 24-hour hotline.
He
said the National Police Commission had agreed that if substantial
evidence of torture was available against any police officers they
would be suspended pending inquiries.
Kosgoda:
Police image crashes with tragedy
By Mahangu Weerasinghe
The police attack on protesters and journalists in the southern
Kosgoda town on Wednesday has increased concerns about the state
of fundamental rights in the country. Residents and civic action
groups said the attack violated both the public's right to peaceful
protest and the rights of journalists.
Many
journalists came under attack on Wednesday evening as the Kosgoda
Police dispersed a crowd which had gathered to protest against what
they believed to be an unfair handling of a road accident investigation
which killed local government worker Pradeep Sanjeewa de Silva.
The
victim, a resident of the Kudagodagama area was knocked down by
a car travelling from Colombo to Galle last Saturday at about 3:30
p.m. A Swarnavahini correspondent Sujeewa Piyadarshana who was covering
the protest was among those attacked by officers of the Kosgoda
Police.
"I
showed them the Swarnavahini logo on my camera, and my Government
Media Accreditation as well," says a badly bruised Mr. Piyadarshana.
"A Home Guard, whom locals later identified as Sisira, spoke
to me in filth demanding that I get off the bus from which I was
filming the proceedings," says the journalist, who insists
the Home Guard knew that he was a media person.
After
Mr. Piyadarshana got off the bus, the police had allegedly beaten
him repeatedly. "Many cameramen had their tapes seized,"
recalls the correspondent, who says that he had to send his footage
to a nearby house for safekeeping.
Mr.
Piyadarshana claims he saw Kosgoda Inspector Mahinda Udagama assaulting
people in the crowd. ASP W. Dayananda was also present at the scene.
Other journalists, including the Divayina correspondent Anura Yasmine
also came under attack from the police.
Two
of the accident victim's friends who were at the scene of the motor
accident were remanded on the orders of the Karapitiya coroner M.H.M
Avun, on allegations that they had given false testimony.
Acting
Magistrate Dickson Gunawardana had later that night released the
two people who had been in the car. Many residents told The Sunday
Times they believed the Police were taking the side of the more
affluent driver - passenger duo who came from Kotte.
"The
Police switched the driver and the passenger, so that the individual
with the driving licence would show up in court," charged one
local, who told The Sunday Times that it was the younger brother
who was driving at the time of the accident. "The driver did
not have a licence," said another villager. It was this distrust
of the Kosgoda Police that prompted the mass protest in front of
the station.
"The
police were brutal in dispersing the demonstration," says one
eyewitness. "Even women were thrown on the ground and beaten
with batons." Piyadarshana's footage, which was aired on Swarnavahini,
confirmed this.
Forty-six
people, including twenty-three women were taken in to custody on
Wednesday. Although they were to be produced in the Balapitiya District
Court on Thursday, the case was not heard, and the group was to
be remanded until their case is called sometime in the next 14 days.
When
questioned about the police action, Inspector Mahinda Udagama said,
"The Ambalangoda area ASP Dayananda tried talking to the crowds
for about an hour before he ordered the attack. When the crowd wouldn't
listen, we were forced to retaliate with tear gas and baton charges."
He denied allegations that police assaulted media persons.
"We
obtained an order from the Magistrate to ensure that the deceased's
funeral would be conducted in a calm and peaceful manner, without
protests or disruptions to public peace," Inspector Udagama
said. He said that he handed this court order over to the father
of the deceased by Wednesday afternoon.
"Towards
evening however, reports started coming in that people were planning
to attack, and even set fire to the Police station. We then took
all precautions to ensure the safety of both the police and public,"
the inspector said.
"Several
Police units from other stations had arrived by the time the funeral
procession approached the Police station," said one eyewitness,
who also confirmed that a Riot Squad was present at the time.
"The
Police attacked the crowd in a frenzy," said another eyewitness,
who claimed he saw officers attack even those who were carrying
the coffin. "The coffin itself received a few hits," says
the same witness, "and this shows the Police's complete disregard
and disrespect for the body of the departed."
The
crowd responded by stoning the Police station, but this was promptly
brought to an end by a severe baton charge, witnesses said. Some
departing protesters had taken the keys of the vehicles that had
stopped because of the block on the Galle Road. This caused severe
traffic problems that were not resolved even by late evening, residents
said.
Meanwhile
angry residents caused an obstruction on the Galle Road near the
area of Megalla on Wednesday night by placing a tree trunk across
the road. Although the Police cleared the road soon after, locals
said that unrest in the area later that night prompted them to maintain
a continuous armed presence in the area.
Police
constable R. Sugathadasa who was hospitalised after receiving a
blow to his head, later succumbed to his injuries. Around ten other
Police Officers are said to have been injured during the protest.
Many of the injured protesters are being treated at the Balapitiya
Base Hospital.
Galle
Division DIG B.M Liyanage, told The Sunday Times, investigations
had been handed over to the Galle SSP to ensure impartiality. SSP
Galle Lasantha Silva said that acting upon the advice of the DIG,
he had despatched his Range Crime Unit headed by ASP Premathilaka
Hettiarachchi and Chief Inspector L.A Gooneratne to the Kosgoda
Police station on July 15.
Meanwhile
National Police Commission chairman Ranjith Abeysuriya said the
commission would be able to take action only if a formal complaint
was made to it and so far no complaint had come. |