Court declares police torture as barbaric, savage and inhuman

Vijitha awarded compensation

IN a fundamental rights case in late August, the Supreme Court ordered Rs 250,000 ($2,600) compensation to torture victim Yogalingam Vijitha. Jaffna resident Ms Vijitha suffered severe torture, including rape, while she was held at the Negombo police station in June 2000. She was forced to sign a confession under torture. The judges described the torture as barbaric, savage and inhuman.

While ordering three police officers, including Inspector Saman Karunaratne, to personally pay Rs 150,000 of the compensation, the court directed the Attorney General (AG) to file action against the offenders. Despite a law against torture being in force since 1994, no one has been convicted of the offence.

Earlier in the month, the Supreme Court ordered the release of Anthonipillai Napolean, who had been detained since 1996. No information had been given to relatives and after a six-year search, his mother A Rajeswary found him in Kalutara prison. Reports say that Mr Napolean has lost his memory as result of torture in custody and is unable to recognize his mother.

According to reports, crimes, including abductions and contract killings, are on the increase in Colombo. The Army said in early August that over 500 T56 rifles are missing from its headquarters. Around 100 rifles were later recovered by Ragala police in the Hill Country. Officers suspect that they were removed by deserters and may have fallen into the hands of criminals. Some 33,000 Army deserters are still at large. The Police Department says that some 350 serving policemen are also involved in crime.

Colombo Municipal Councillor S Faleel, 43, was shot dead near his house in Hulftsdorf suburb on 14 August. Tamil MP Selvam Adaikalanathan says that five Tamils have been murdered in the area and has informed Home Affairs minister John Amaratunge. The minister has appointed a new police team to tackle increasing crime in the capital.

Following a bomb explosion, Batticaloa resident and mother of three young children, Ponniah Pushpalatha, was arrested by police on 9 July. The police failed to provide any information to the relatives. Following a complaint, the Human Rights Commission found her in a prison in Polonnaruwa District.

TULF MP N Raviraj says that 300 Tamil political prisoners have been released in the past six months. In December 2001, the ICRC said that there were 1,700 detainees under the Prevention of Terrorism Act (PTA). The High Court in Jaffna released seven Tamil detainees on 23 August, after the AG’s Department withdrew 21 cases filed against them.

The LTTE is also said to be holding a large number prisoners. V Nanayakkara of the Association of Families of Servicemen Missing in Action has urged the government and the LTTE to include the issue of detention in the agenda for the peace talks in Thailand.


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