CCPR/C/120/D/2209/2012 1.1 The author is Amarasinghe Arachchige Simon Amarasinghe, a national of Sri Lanka born in 1963.1 He submits the complaint on behalf of himself and his deceased brother, Amarasinghe Arachchige David Amarasinghe, also a Sri Lankan national, born in 1957. 2 1.2 The author claims that the State party violated his brother’s rights under articles 6, 7 and 9 because he was subjected to torture and severe ill-treatment by two police officers, resulting in his death. He also claims that the State party has violated his brother’s and his own rights under article 2 (3), read in conjunction with articles 6, 7, 9, of the International Covenant on Civil and Political Rights by halting the investigation into the circumstances of his brother’s death and the prosecution of the alleged perpetrators. The Optional Protocol to the Covenant entered into force for Sri Lanka on 3 January 1998. The author is represented by counsel. The facts as submitted by the author 2.1 The author submits that, on 13 August 2010 at 8.30 p.m., the author’s brother was arrested by two officers of the Kirindiwela police. According to an eyewitness, his brother was subjected to severe ill-treatment by the police officers upon arrest. He was hit with a rod and held by the chin and the neck and his head was struck twice against the door of the police vehicle. He was then put into a police vehicle, in which he was severely kicked and his head beaten with iron rods. 2.2 The author maintains that, according to the police, his brother was taken immediately to the Radawana hospital after his arrest, then to the Gampana hospital, and finally to the National Hospital in Colombo, where he died in the morning of 14 August 2010. 2.3 The Kirindiwela police submitted a report dated 14 August 2010 to an “unofficial magistrate”.3 In the report, the police stated that the author’s brother had died from injuries allegedly received while attempting to jump out of a moving police vehicle, after being arrested by two police officers for being drunk and obstructing traffic. The police also referred to a statement by an alleged eyewitness whose testimony was consistent with that of the police. The author explains that the witness had several criminal cases pending against him filed by the Kirindiwela police and that his credibility is seriously called into question. 2.4 On 14 August 2010, the unofficial magistrate conducted an investigation into the matter. The author submits that at least two witnesses testified before the unofficial magistrate that his brother’s fatal injuries had been a result of the police assault and not due to an accident. After recording the statements of several witnesses, the unofficial magistrate ordered a post-mortem examination and that the case be transferred to the Magistrate’s Court of Pugoda. 2.5 On 15 August 2010, the body of the author’s brother was examined by a consultant judicial medical officer, who issued a post-mortem report. 4 The report revealed the following injuries on the body of the victim: (a) scalp contusion over the right side of the head; (b) multiple fractures on the right side of the skull involving right temporal, parietal and occipital bones over an area of 18 x 13 cm; (c) torn dura mater; (d) subdural haemorrhages over the right side of the brain associated with surface contusions and laceration in the right temporal lobe; (e) other contusions and fractures on the victim’s head, skull and brain; (f) abrasions measuring 3 x 3 mm on the upper front of the nose and the left side of the forehead; and (g) abrasions and contusions on the lateral aspect of the right elbow (with bleeding into the soft tissue), the inner aspect of the left elbow, the upper back of the left shoulder, the middle of the lower back and the middle of the chest (with bleeding into the soft tissue). 1 2 3 4 2 The exact date of the author’s birth is not provided. The exact date of the victim’s birth is not provided. The author explains that, under the Administration of Justice Act 1973, sect. 37, the Justices of Peace may be appointed to the role of “unofficial magistrate”, by which they have all the power of a magistrate except the power to hear, try or determine civil or criminal cases. The author provides the post-mortem report No. 993/08/2010, dated 15 August 2010.

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