| Police 
              on trial for tortureBy 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 tragedyBy 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.  |