Monday, 23 May 2011 00:00 –Daily Mirror
A man who had filed an FR case against Mirihana police alleging various cruel tortures, including suffocation using chili powder, had said that he had got threats after he filed the application to the Supreme Court. The victim, Weheragedara Ranjith Sumanagala of Kindelpitiya, Millewa said he received threats when the Supreme Court which went through his petition had directed the Attorney General to provide instructions expeditiously due to the serious injuries sustained by the petitioner during the alleged police torture.
W. Ranjith Sumanagala through his counsel is to make a complaint today, May 23 to the Supreme court on the alleged threats.
When the case was taken up for the first time before the Supreme Court, Justice Ms. Shirani Tilakawardane observed that it was a matter which had come to the notice of the court and requested the AG to provide instructions expeditiously and the case had been fixed for May 30.
Supporting the application counsel Viran Corea instructed by City Law Office, informed court that W. Ranjith Sumanagala of Kindelpitiya, Millewa was forced to falsely admit to a series of robberies as he could not bear the inhuman torture which included tying shopping bags with chilli powder on his head for more than 15 times. Counsel Viran Corea also informed court that in addition to cruel, inhuman and degrading treatment, the victim was unlawfully detained by the police and had misled the Magistrate by producing him four days after his original arrest.
The petitioner has cited Police officer Bandara, IP Bhathiya Jayasinghe, Officer-In-Charge Emergency Unit of Mirihana police, Chief Inspector, Egodahewa, Headquarters Inspector of Mirihana police, Superintendent of Police, Nugegoda Division, M. W. D. Tennakone and the Inspector General of Police, Dr. Mahinda Balasuriaya as respondents.
W. Ranjith Sumanagala stated that he was a tinsmith by profession and he was arrested by a group of police personal in civvies on last December 15 when he was on his way to work at a house in Kahawala in a friend’s three wheeler.
He was taken to Bamabara cemetery in the same three wheeler and questioned on a robbery while being kicked on his thighs till he was numb. Thereafter the first respondent Police personal Bandara and another had allegedly put chili powder into two shopping bags and had tied them over the petitioner’s head compelling him to breathe in the chili powder. Petitioner said that he was compelled to inhale chili powder which caused him to choke and suffocate. When the petitioner was undergoing the agony and when it seemed as though he was about to die, the bag was removed and questioned about a weapon. When the petitioner answered in the negative, the policemen had made him to undergo the same process of chili powder suffocation for about 15 times until he was in excruciating agony. In the meantime he had been also allegedly slapped by two policemen until he was bleeding from his mouth. He was continued to be beaten up mercilessly with belts.
The petitioner stated to court that the pain and trauma he had to endure was unbearable so much so that he even lost control of his toilet functions. The counsel stated that the petitioner came to a point that he could not bear the torment anymore and feared for his life and he falsely admitted to a robbery. In order to be spared of the agony he was forced to fabricate a story on a robbery which he did not commit to gain some relief.
Thereafter the petitioner was taken to Mirihana police and police were adamant to secure more false ‘admissions’ relating to 15 cases from him. Whenever he responded in the negative, he had to undergo entire process of torture by making him to suffocate and choke with the shopping bags with chili powder. In addition the policemen had allegedly assaulted him on his thighs with a pole till he was numb and had assaulted again by hanging him on a beam upside down.
After having made false admission to a series of robberies, the petitioner had been produced before Avissawella Acting Magistrate at his residence on December 19 for the extension of the detention under the pretext that he was arrested only on December 18. Even though the Magistrate had questioned him whether he was inflicted any injuries while in custody, the petitioner had not revealed anything as he feared for his life and was fully aware of the consequences he was likely to face. He was ordered to be remanded till December 21 but as the police failed to produce on the said date the Magistrate had granted him bail declaring that the detention was unlawful.
After the release Ranjith Sumanagala was admitted to the Matale hospital and the Judicial Medical Officer who examined him had concluded that the nature and pattern of the injuries sustained by him were consistent with the history given by him. The medical report also contained the gravity of injuries he had suffered at the hands of the respondent policemen. In his petition Sumanagala asked the Supreme Court to declare that his Fundamental Rights was violated and grant compensation.
Viran Corea with Ms. Sarita de Fonseka instructed by City Law Office appeared for the petitioner
- By Susitha R. Fernando -
