Khaki fury at Peliyagoda Police rattles law fraternity

Peliyagoda police station

27 February 2021

Torture and murder at police stations are nothing new in Sri Lankan history. Though many international human rights organizations have urged that the Sri Lanka police needs urgent reformations over the years little or nothing has constructive happened to clear the black marks on the police department.

The latest incident of police torture is reported from the Peliyagoda Police Station where a final year law student who was allegedly assaulted has suffered grievous injuries. On February 24 Migara Gunaratne, a final year law student at the Law College of Sri Lanka,  on the instruction of his brother Charitha Gunaratne  had visited the Peliyagoda Police Station to provide a meal to one of his brother’s (Charitha’s) client  remanded at the police station. Migara was then subject to an assault by police personnel inside the Peliyagoda Police Station.  

Maithri Gunaratne told the Daily Mirror that the incident was that of a mistaken identity. “Both my sons look alike for a person who does not know them very well. They (the police) thought it was my eldest son. The police had even said ‘you had caused a problem here and is your sickness over now,’ It was then that Migara had said that it was not he who had. It was then that the police trumped up charges against Migara.

 

Assaulted Migara Gunaratne

“Eleven policemen including the Officer-in-charge of the police station, Linton Silva, had mercilessly assaulted Migara. During the assault my son had mentioned my name and asked as to why they were beating him up and what wrong he had done.  Then the assault on him somewhat stopped. Then they had taken him to the Judicial Medical Officer (JMO) and it was thereafter only that everything had come up. The JMO had ruled that given the condition of the patient he could not be sent off and he needed to be warded,” said Maithri Gunaratne. 
Attorney-at-law Charitha Gunaratne, told the media that Migara  was brutally beaten up by at least ten policemen when he went to give  some food to his client, who was detained at the Police Station, on February 25 night.
He alleged that the policemen had mistaken his identity and  brutally assaulted his brother under the assumption that it was him.

“On February 23 I was instructed by my Senior Counsel to visit the Peliyagoda Police Station to represent a client of his. At the police station I was informed that my client was being held in the special crimes unit and I saw my client being intimidated by a person in civil attire. I immediately stepped in and told that person, whom I believe was a policeman, that  he was my client and I was there to represent his interests as an Attorney-at-Law and produced by the Bar Association of Sri Lanka  (BASL) Identity Card to verify my credentials,” Charith said.
He said that the man in civil clothes stepped aside without verifying his credentials. “I was duly informed by my client that he was brutally assaulted by the cops on countless occasions while in their custody and they had threatened to pin unrelated drug charges on my client and ensure he will be imprisoned if he did not heed to the demands of the policemen! (mind you, my client was being held for totally unrelated matters linked to financial issues). I made my way out to make a phone call and when I returned I heard the person who was in civil clothes threatening my client in the presence of other suspects who had been brought to the police station for drug related offences and it was quite easy for them to accuse him with similar charges,” Charith said.

"Eleven policemen including the Officer-in-charge of the police station, Linton Silva, had allegedly assaulted Migara. During the assault my son had mentioned my name and asked as to why they were beating him up and what wrong he had done"

“Since I cannot designate as to what was the rank of the person who was in civil attire, I addressed him as Sergeant whereon he started addressing me in slang (using Sinhala) and filth and came towards me. The Chief Inspector of the police station, whom I heard was Linton Silva, joined that man to intimidate me and demanded my credentials. Once I showed him my B.A.S.L. ID card he scribbled something on his Notebook.
“I simply said to the Inspector that I had no option, but to address the person in plain clothes as Sergeant since he wore plain clothes while on duty.

“Then the Inspector accused me of being drunk. I challenged the officers to subject me to a breathalyzer test to confirm whether I was drunk. I held my ground until my client pleaded with me to leave as he would have to face the wrath of the policemen if the situation escalates,” added Charith.
He said that he had left the premises and later informed the Bar Association of Sri Lanka and the relevant Police Department about the incident.

“Since my Client was of the opinion that my presence would be detrimental to his safety and health under the police custody, I asked my Brother, Migara (3rd Year Student at Sri Lanka Law College) to drop some dinner for my client on February 25. As my brother went there, to give the food, he was brutally beaten by at least ten policemen. It is assumed that the Policemen had mistaken his identity and had attacked him under the presumption that it was me,” he alleged.

“Furthermore they only stopped beating up Migara after he had mentioned that he was the son of Maithri Gunaratne, our father, and then an SI instructed his subordinates to charge him for obstructing police from performing their duties, because they knew that a problem would crop up.
They further threatened to even make him a suspect in a drug offence,” Charith said. 

Policemen interdicted 

All the police officers including the OIC Chief Inspector Linton Silva who were alleged to have involved in the assault of law student Migara Gunaratne have been interdicted and a special investigation is  in progress.
“The services of the police officers have been halted and further action against them would be taken,” Public Security Minister Dr. Sarath Weerasekara told the media. 
The Minister who condemned the attacks on public taking place at police station said  that he has requested the Inspector General of Police to probe the incident.

Bar Condemned the attack 

Newly elected BASL President Saliya Peiris PC in a tweet condemned the attack on the law student and described the incident as ‘appalling’. Peiris has noted that  ‘there should be zero tolerance of police brutality.’
“The news of a young final year law student Migara Gunaratne being subject to police brutality at Peliyagoda is appalling. There should be zero tolerance of police brutality. The perpetrators must be swiftly dealt with and prosecuted,” he further Tweeted.

"There should be zero tolerance of police brutality. The perpetrators must be swiftly dealt with and prosecuted"

Speaking on behalf of the BASL its Secretary Rajeeva Amerasuriya said that the Bar is strongly condemning the incident that had taken place at the Peliyagoda Police Station. 
“We are condemning this incident and will be taking whatever necessary action against such incidents.
“The Bar is against these types of incidents and this should not happen and cannot happen,” he stated. 

“Police torture is a day today happening”-Right to Life

“This is only one incident of police torture that takes place in many police stations. Due to the importance of the persons involved this incident was highlighted,” Philip Dissanayake, Executive Director of Right to Life, an organisation working against the police torture, said.

"This is only one incident of police torture that takes place in many police stations. Due to the importance of the persons involved this incident was highlighted"

Dissanayake said that over the years there were a large number of incidents regarding police tortures that have taken place. “Even though we did not  receive many reports this is a national question and has to be attended to very soon. We have been demanding reforming the police, but that has not happened,” he claimed.