CCPR/C/132/D/2508/2014 Advance unedited version
1.
The author of the communication is Dodanpegamage Asantha Aravinda, national of
Sri Lanka born in 1985. He claims that the State party has violated his rights under articles 7,
9 and 26 read alone and in conjunction with article 2 (3) of the Covenant. The Optional
Protocol entered into force for Sri Lanka on 3 January 1998. The author is represented by
counsels.
Facts as submitted by the author
2.1
On 28 February 2008, the author’ and his friend’s motorbike almost collided with a
truck driven by Mr P.V.Ch who was crossing the road without checking for oncoming traffic.
After this incident there was some exchange of words between the parties and the author and
his friend drove away. However, shortly thereafter, the truck’s driver followed them from
behind and struck the motorbike leaving both the author and his friend severely injured.
Subsequently, a vehicle approached the scene and the truck’s driver who had previously fled
the scene got out of that car along with some officers of the Pitabaddara police station. The
police officers tied the author’s and his friend’s hands and they were beaten up by the officers
and Mr. P.V.Ch. The driver then poured acid onto the author’s face that caused him severe
pain and left one of his eyes badly injured.
2.2
Subsequently, the author and his friend were taken to the Pitabaddara police station.
They were physically assaulted by policemen and then locked up in a cell. Close to midnight,
Mr P.V.Ch. appeared at the police station and beat up the author in his cell and poured liquor
on his burns. Due to the unbearable pain, the author lost consciousness. When he came to his
senses, he was threatened and forced to sign blank documents by the officers.
2.3
The author’s father was informed about his son’s detention on the same day; however,
he was not allowed to see the author in spite of the family’s repeated requests and visits to
the police station between 29 February and 1 March 2008. The officials informed them that
the author and his friend had been assaulted by local people and during the incident the author
was burned with acid and that policemen had discovered that the author’s friend had a
firearm.
2.4
On 1 March 2008, the author and his friend were forced to show their injuries to a
group of cameramen and journalists outside of the police station. The author was not
hospitalized until around 8 p.m. on the same day despite his repeated requests and those of
his parents to that effect. While on route to the hospital, two policemen threated the author
and his friend not to tell the medical staff about their ill-treatment.
2.5
While hospitalized, the officer-in-charge of the Pitabaddara police station, Mr. K.
falsified charges against the author and his friend in the Magistrate Court of Morawaka for
possession of a firearm and a hand grenade. The officer-in-charge argued that the author
attempted to murder Mr. P.V.Ch with a gun and that during his arrest many people gathered
at the scene and an unidentified passer-by threw acid on the author. At the time of the
submission of the complaint, these cases were still pending. Other fabricated charges against
the author for robbery have been dismissed by the Magistrate Court.
2.6
On 5 March 2008, the author was transferred to the Prison’s hospital. The author’s
sight deteriorated and eventually, he went blind in his damaged eye. The author notes that he
was not examined by a forensic medical officer until 6 March 2008. On 2 April 2008, he was
transferred to Colombo Eye Hospital where he had 6 surgeries between 15 April and 16
December 2008. He is still treated as an out-patient and has permanent blindness in one of
his eyes as a result of ill-treatment inflicted by Mr P.V.Ch. and the police officers.
2.7
Immediately after the events, the author’s father submitted several complaints about
the unlawful detention and torture of his son by the police officers at Pitabaddara police
station. Notably, on 27 March 2008, he submitted a complaint to the Senior Superintendent
of Police of Matara and the regional office of the Human Rights Commission of Sri Lanka
in Matara. Several days later, he filed complaints with the Inspector General of Police and
the Deputy Inspector General of Police of the Southern Province, the National Police
Commission and the head office of the Human Rights Commission of Sri Lanka in Colombo.
Since no action was taken, he also instructed a lawyer to submit a written complaint to the
Assistant Superintendent of Police requesting to conduct immediate inquiries into the events.
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