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