torture prevalence in sri lanka - 2011 (part 02) by janasansadaya

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    2011/26

    Assault by Prison Officers.

    Kalutara Prison.

    Nammuni Kankanamge ChampikaNilanthi isa 37 years oldmarriedmother

    with three children and she resides in Katuvangoda road, Pothupitiya,

    Wadduwa.

    Her30 years old husbandnamed Hettikankanamge Chaminda Jayathilaka was

    assaultedby Prison Officers attached to Kalutara Prison. After the incident,

    when this was reported at courts, the Court ordered to transfer Jayathilaka to

    Welikada Prison.

    While he wasdetainedin Welikada Prison, on 23.04.2011, he wasbroughtback

    to Kalutara Prisoninthenightandassaulted onceagain. She cameto know that

    herhusband wastakenagainto Welikadaprison on 24.04.2011.

    Hermotherwentto Welikadaprisonto see Jayathilaka on 26.04.2011. Hetold

    herthat he was taken to Kalutara Prison on 23.04.2011,atnightand the jailor

    called Jayarathnaand otherofficersassaulted himand he wasbroughtback to

    Welikada, onthenextday.

    Nilanthisaidthat on 27.04.2011, whenalawyerreportedthisassaultingto the

    Court, Court orderedto providemedicaltreatmentandprotectionto Jayathilaka.

    Nilanthirequeststhe Commissionerof Prisons,the Human Rights Commission

    and the IGP to take legal and disciplinary actions against the jailor called

    Jayaratnaand otherprison officersattachedto Kalutara Prison forassaulting her

    husband.

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    2011/27

    SSP misleads Judiciary.

    Mount Lavinia Police

    Thevage Inoj Prasad Ratnapala is a 30 years old married father with two

    children. He is a chef attached to Jhon Keels Pvt Ltd and resides atno 152,

    Batuvandara Madapatha.

    On 17.05.2010, when he was on his way homeafter work,agroup ofpeople

    assaulted him at Maviththara junction in Piliyandala. When he complained at

    Piliyandalapolice,they ignoredanddidnottakeactionregardingthe complaintmadeby Inoj. Hevisited thepolicestation forover12 times,butno attention

    wasgivento his complaint.

    The one was in the group which assaulted him is a policeman called

    Wickremasinghabearingnumber7935 attachedthesamepolicestation.

    Oneday Piliyandalapolice told Inoj to accept Rs 4,000/= and stopdawdling

    peoplebut hetoldtheinjustice happenedto himto everyone hemet.

    But Inoj didnotgiveupand continually facedtheauthoritiesto find justice. Asa result police took steps to file lawsuits against the perpetrators except

    Wickremasinha,bearingnumber7935, who isattachedto thetraffic branch.

    Itisreportedthatthe wife ofthesuspect Wickremasinha, worksinthe office of

    the SeniorSuperintendent, Mount Lavinia.

    The SSP of Mount Laviniapoliceproducedareportbeforethe courtsayingthat

    Wickremasinha cannot be produced before the court because there was no

    sufficientevidenceagainst him.

    Inoj requeststhe Human Rights Commissionand IGP to arrest Wickremasinha

    bearingnumber 7935 attached to the traffic branch in Mount Laviniyapolice

    andproduced himbeforethe Court.

    He furtherrequeststo make Wickremasinhaasanaccusedinthelawsuitbeing

    filedin Kasbava Magistrate Court. Healso requeststo takelegalactionsagainst

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    the SSP Mount Lavinia who mislead the judiciary by producing a report

    containing falseinformation.

    2011/28

    Torture/Fabrication of Charges to fulfill wishes of relatives.

    Alla Police Post - Baduraliya Police

    Dissanayaka MudiyanselageTikiri Bandara is a 48 years old married father

    with seven children. Heisateapluckerand heresidesatNeliukatiyalow lands,

    Kelinkanda.

    Histhree childrennamed Suresh Lakmal (age-13) Chandima Bandara (age-11)

    and Vishaka Sadamali (Age-10) were illegally arrested and torturedby Alla

    Police PostunderBuduraliyapolice.

    As stated by Tikiri Bandara these children were arrested and torturedby a

    police officerattachedto policepostto fulfillthe wish ofaneighbor.

    The allegation against his children was of stealing a golden chain from the

    house ofaneighborcalledNissanka.

    Beforegettingpoliceassistance,Nissankabroughtthosethree childreninto his

    homeand frightenedthem whentheirparents werenotat home.

    On 08.06.2011, two police officersnamed Mahinda and Liyanageattached to

    Allapolicepost,tookthese childrento empty houseandassaultedthem with a

    rodbeforeneighbors. Children Sadamaliand Suresh were heldanddraggedby

    hairandassaulted.

    After that, they weretaken to thepolicepost,detained there illegally and then

    broughtto Baduraliyapolice.

    On 19.06.2011, when these children were produced before Mathugama

    Magistrate Court, it wassaidthat they wereassaultedby thepolice.The court

    releasedthem onbail.The falseallegationagainstthem was ofstealingagold

    necklace.Nextday, children wereadmittedto hospital fortreatment.

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    Tikiri Bandara made complaints to the Human Rights Commission, the

    Attorney General, the Police Child and Women Bureau and the Child Rights

    Authority and requests them to take legal actions against Mahinda Liyanage

    attached to Alla police post and the OIC of Baduraliya police who were

    responsible forbreach of fundamentalrights ofthe children.

    2011/29

    Wadduwa Police tortured to satisfy a sand smuggler.

    Wadduwa Police

    Mastiyage DonNishshanka Pradeep Gunathilaka is a 24 years old marriedfather of one child. He is a carpenterby profession and resides atNo 29/1,

    Wasantharama Rd, Molligoda, Wadduwa.

    On 01.07.2011 Pradeep Gunathilaka complained to the relevantauthorities of

    Human Rights Commission, the IGP and other related institutions about the

    illegaldetention forfourdaysandtorture.

    On 27.06.2011, at around 12 mid-nightpolice officer called Milan and other

    fivepolice officersattachedto Wadduwapolice cameto his house. Only Milan

    andanotherperson werein civilian clothesbuttherest wereinuniforms.

    Ataround 12 mid-nights, when someone knocked at thedoor of Pradeep, he

    askedasto who it was.They saidthatthey were frompolice. So he openedthe

    door.Thenthepolice officerMilanenteredthe house while othertwo followed

    him. Milan asked whether he was Nissanka. He said yes. He asked him to

    accompany himto thepolicestation. PradepNisankaasked him forthereason.

    Butthey didnottell.The othersatthe house werealso wakeup. Police officers

    arrested PradeepNissanka.

    They took him through the yard closer to his house, jumped over a walland

    reached the road.They didnotused straightpath to the road.The jeep was

    parked on theroad. On the way to thepolicestation, officer Milanasked him

    about one Ukkuniyaalias Chanaka. Hesaidthat heisa friend of himasked why

    they wereaskingabout him.Thenthepolice officerrepliedthatboth of youdid

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    agood thing.They asked him of the whereabouts of Ukkuniyas house, went

    thereandalso arrested him.

    Atthe Wadduwapolicestationthey wereputinseparate cells. Inthe cellthere

    wereanothertwo with PrdeepNissanka.

    On 28th

    atabout 7.30 inthemorningapolice officercalled Susantha camenear

    the cellandasked himasto how many chains he hadsnatchedso far. He was

    surprised to hear this and said that he neverdo such things.Then thepolice

    officerasked himasto why hespokeso loudly. Herepliedthat he firmly told

    that hedidnotdo such thing.

    On 01.07.2011,about 1.00 inthedawn,apolice officerinthereservetookhim

    outsidethe cell. Hesaid PradeepNissankathatthebig officercalled forhim. He

    was directed to the room ofNimal Karunaratna. The officer in the reserve

    followed him and remained closer to the OICs room.The OIC told him to

    returnthegoods which areatthemoment when hereach house. When Pradeep

    Nissankasaidthat hedidnotsnatch any chain,the OIC hit him ontheleft cheek

    of his faceusing his fist. He hit him 15 20 times.The officer of thereserve

    noticed all this. After that the OIC called the officer at reserve to hand over

    PradeepNissankato anotherpolice officer.

    So he wastakenupstairsand handed overto thesaid officer. PradeepNissanka

    didnotknow hisnamebut couldidentify himifseen. He ordered himto sit on

    the floor. Heasked himto hand overgold jewelsbeforestartingto assault him.

    Anotherpolice officercalledNimal cameto thatplace. Heasked himasto why

    did hego to the yard of Saman. Hesaidthat hedidnotgo to the yard of Saman,

    butto the yard of Ukkuniyabecause Ukkuniyaand hisbrothersare his friends.

    Thepolice officerwhosename wasnotknownby PradeepNissankaaskedthe

    police officerNimalto find out whetherthebig officerhadgone. Pradeep heard

    thepolice officer leaving downstairs and asked whether thebig officer left.

    Another one said that he went. Thepolice officer calledNimal again came

    upstairsandsaidthatthebig officerwent.Thenthe otherpolice officersaiditwasno needto hit himnow but could hit himtomorrow afternoon while other

    officersarepresent.

    So thispolice officer handed over PradeepNissanka to the officerat reserve

    whoput himagaininto the cell. PradeepNissankasleptinsidethe cell.

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    On 01.07.2007,inthemorning onepolice officercalled Wasanthatookaperson

    out of the cell. Again after half an hour thepolice officer whose name was

    unknown to PradeepNissankaput thatpersonagain into the cell.Thatperson

    wasalso assaulted. He came walkingto the cell with difficulty.Thenthatpolice

    officersaidnext wouldbe PradeepNissanka.

    On 01.07.2011,at 11 inthenoon, Pradeepsmotherand fathercameto see him.

    Then the reserve police officer took him outside, took signatures from his

    parentsinapiece ofpaperandreleased him.They neverrecordeda confession

    from him. OIC tookhistelephonenumberandsaidthatifit wouldbenecessary

    he would call himagain. As he hadno phone, hegavethetelephonenumberof

    his uncle. At that time Ukkuniya alias Chanakas father came there and

    Ukkuniya wasalso released onbail. Hetoo wasassaultedby thepolice.

    According PradeepNissanka, Wadduwapolicedetained him for fourdaysandassaultedthem fortheneed ofaperson called Samanalias Pulun Samanliving

    intheirarea.The Wadduwapoliceactedinthisillegalmannerbecausethegold

    necklace of Pulun Samans wife wassnatched. Pulun Samanis oftenengagein

    sandsmugglingand otherillegalactivities.

    As there isstrongnexusbetween Wadduwapoliceand Pulun Saman, Pradeep

    Samanand Ukkuniya werearrestedandassaulted.

    Praddeep Nissanka further says that his mother called Dammika Priyanthi

    submitted a complaint by fax on 01.07.2011 complaining that his son was

    illegally detainedandtortured.