CCPR/C/113/D/2087/2011
to take Sunil to the back yard to wipe the blood off his face. However the bleeding
continued uninterruptedly from his nose and mouth, and he vomited blood clots. One of the
police officers directed Chanaka to give Sunil an iron rod to hold, which is sometimes done
in the case of epileptic attacks. The police officer seemingly believed, or wanted to give the
impression, that Sunil was suffering from epilepsy, which was not the case.
2.7
On the same morning, at around 8 o’clock, the second author came to Moragahahena
Police Station and found Sunil lying on the floor of the cell, bleeding from his nose and
mouth. She alerted the police officers to Sunil’s serious condition, but was chased away by
them. The police officer told her that Sunil’s condition resulted from epilepsy. It was not
until around 10 a.m. on the same day that Sunil was finally taken to Horana Base Hospital
in a police jeep. The second author, who visited him, was told by Sunil that he had been
brutally assaulted by the police officers. He was in severe pain and his face was reddened
and swollen.
2.8
Later on the same day (23 July 2003), two officers from Moragahahena Police
Station arrived at the hospital to record a statement from Sunil. Although the latter only
managed to name himself, the police officers wrote something on two sheets of paper while
talking to each other. They then obtained two impressions of Sunil’s left thumb in lieu of
his signature, although Sunil was capable of signing his name.
2.9
On 24 July 2003, the authors learned by chance that Sunil had been transferred to
the national hospital in Colombo, where he had undergone brain surgery, and was being
treated in intensive care. On 26 July 2003, the second author was informed by staff at the
national hospital that Sunil had passed away earlier that day.
2.10 The authors detail here their efforts to bring the victim’s case to the attention of the
authorities of the State party: On 23 July 2003, the second author went to the office of the
assistant superintendent of the Horana police and attempted to complain about Sunil’s
arrest and torture, but her complaint was not recorded and the superintendent did not
receive her. On 26 July 2003, the authors and Chanaka — who had been released from
detention on 23 July 2003 — visited Moragahahena Police Station and reported Sunil’s
death. Their statements were recorded by the assistant superintendent of the Horana police.
2.11 On 23 July 2003, the second author contacted the non-governmental human rights
organization Janasansadaya, which helped her to complain to the Human Rights
Commission of Sri Lanka. The authors also lodged a fundamental rights petition before the
Supreme Court of Sri Lanka, on 8 September 2003, in which a number of officials and
institutions were cited as respondents. 2 The authors’ complaint before the national human
rights commission remained unanswered until 21 August 2008, when the second author was
informed that the procedure had been suspended as the same matter was pending before the
Supreme Court (sic). The authors add that the national human rights commission has not
been in contact with them since, and that there is no realistic prospect that it will reopen the
inquiry following the dismissal of the case by the Supreme Court, as the national human
rights commission’s stated policy is that it is barred from further handling of a case where
there has been a dismissal of a fundamental rights petition to the Supreme Court.
2.12 On 27 July 2003, the Additional Magistrate of the Colombo Chief Magistrate’s
Court opened an inquiry into Sunil Hemachandra’s death. He heard the second author and
Chanaka for this purpose. The Additional Magistrate reported, also on 27 July 2003, that in
2
4
Police Constable Muthubanda (who led Sunil and Chanaka’s arrests on 22 July 2003), Police Officer
Maheepala (the officer in charge of Moragahahena Police Station), Police Constable Wijemanna (who
warned the second author that the victim’s happiness “will not last long”; see para. 2.3 above), the
Inspector General of Police, and the Attorney General of Sri Lanka.