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.