CCPR/C/113/D/2087/2011
The facts as submitted by the authors
2.1
Sunil Hemachandra (also referred to in the present document as “Sunil”) was a
healthy and literate man with no criminal record. He was a daily paid labourer whose work
consisted mainly of tapping rubber and climbing trees to pick coconuts and other fruits.
Since 1979, he had been living with the family of his aunt, the second author, who is the
sister of the first author (his mother).
2.2
On or around 28 June 2003, Sunil bought a lottery ticket, and learned the day after
that he had won more than three million rupees (approximately $25,000). On the same day,
a lottery sales agent named Lionel, described as being “well connected to the police”,1 came
to the second author’s house with a police officer. They suggested that Sunil apply for
police protection. Sunil declined the offer. As Sunil did not possess a national identity card
at that time, he used that of his aunt, the second author, to claim the lottery money. On
4 July 2003, Sunil, together with the second author and Lionel (the lottery sales agent),
went to the Development Lotteries Board in Colombo and received the money against his
lottery ticket, but in the name of the second author. The money was paid via a cheque
issued by the Kollupitiya branch of the Bank of Ceylon. On 7 July 2003, the cheque was
paid into a bank account held by the second author. On the same day, Sunil withdrew
2,100,000 rupees from the second author’s bank account and purchased a van for 1,200,000
rupees which was registered under the second author’s name. On or around 14 July 2003,
he purchased a three-wheeler for the second author’s granddaughter, and gave 5,000 rupees
to his nephew as a gift.
2.3
On or around 21 July 2003, a team of police officers from Moragahahena Police
Station arrived at the second author’s house, looking for Sunil. They asked the second
author whether Sunil had spent the lottery money, and one of the police officers warned
that his “happiness will not last long”. The police requested that Sunil report to
Moragahahena Police Station.
2.4
On the same day, Sunil, accompanied by Chanaka Dinesh Kumara (referred to in the
present document as “Chanaka”), an acquaintance whom Sunil had commissioned to drive
his new van and son of Lionel (the lottery sales agent), reluctantly went to Moragahahena
Police Station. At the station, one of the police officers (a sub-inspector) requested Sunil to
pay money as “support”. Sunil replied that the money was with the second author and
declined to pay. The same police officer then insisted on a payment of 25,000 rupees “to
cover the expenses of a procession of Vidyarathana Temple in Horana”. Sunil agreed to pay
and was allowed to leave the station.
2.5
In the late evening of 22 July 2003, five officers from Moragahahena Police Station
arrived in a vehicle at the second author’s house. After seeing Sunil sleeping in his room
and identifying him as being “the one who won the lottery”, several police officers
proceeded to beat him, including by hitting him on his head. The police officers then
proceeded to arrest Sunil and Chanaka. Before loading them into a police jeep, and also
during the ride to Moragahahena Police Station, several police officers beat Sunil severely
on his head and abdomen. Chanaka, who was seated opposite Sunil, was hit in the face
several times when he asked the officers to stop the beatings.
2.6
Sunil and Chanaka were taken to Moragahahena Police Station and placed in a
5 foot by 8 foot cell, with several other detainees. On the morning of the following day
(23 July 2003), Sunil was visibly unwell. He was bleeding from his nose and mouth, was
not able to stand, and had to lie down. Chanaka alerted the police officers to Sunil’s critical
state of health. Instead of calling for medical assistance, the police officers asked Chanaka
1
Affidavit of Chanaka Dinesh Kumara, dated 21 August 2003.
3