A/HRC/7/3/Add.6
page 42
XV. BOGAMBARA PRISON, KANDY
(Visited on 6 October 2007)
65. Built in 1876, Bogambara Prison has an official capacity of 800 inmates. On the day of
the Special Rapporteur’s visit, the total population was 1,998 inmates, including 53 prisoners
on death row, 1,408 convicted prisoners, 358 on remand, and 178 prisoners sentenced to
death or life imprisonment and awaiting appeal. The Special Rapporteur was received by
Superintendant of Prisons Nelson Abeydheera, ASP of Prison C.M.N. Chandrasekera, and
Chief Jailer T.I. Uduwara.
66. On the day of the Special Rapporteur’s visit the high-security wing was temporarily
occupied by 83 Muslim detainees in order to allow them to observe Ramadan. According to the
prisoners they are fully allowed to practise their religious beliefs, participate in sports activities
which take place on Sundays for two to three hours, and receive visitors once a month. Twice a
week there is the possibility to take English, Singhalese and Tamil language lessons. Many
detainees described that they were generally well-treated within the prison and reserved their
allegations of torture and ill-treatment to circumstances surrounding their arrest and interrogation
by the police. Methods of torture described by the detainees included: plastic bags placed over
their heads containing chilli powder or petrol; being suspended from bound hands; subjected to
the “parrot’s perch”; struck with a baton against a book placed on the head; and being exposed to
electric shock. Many other detainees reported about routine corporal punishment in the prison,
usually at the Location Branch. The officers accused of beating detainees were Mr. Rohetha,
Nihal, Palita, Mutubanda and Kalugampitiya. Mr. Nihal was reported to be the most brutal one.
During an inspection of the Location Branch, the Special Rapporteur found most of the tools
allegedly used for corporal punishment; a plastic pipe; wooden sticks and cricket bats. When the
latter confronted the Chief Jailer and the ASP with these serious allegations, both admitted that
corporal punishment takes place. Two of the most severely punished prisoners, Mr. Vanni and
Pradeep Nishanta, had recently been transferred to Welikada and Mahara Prison, respectively.
The Special Rapporteur later visited Mr. Jayantha Kulasinghe (also known as Vanni Sutha) at
Welikada Prison in Colombo and could corroborate the allegations with medical evidence. He
was informed by the Government that use of corporal punishment at Bogambara Prison will be
subjected to a special investigation.
67. M.M. Pashme, aged 22, Jaella, Colombo area. On 6 March 2005, around 5 p.m., he was
arrested on suspicion of possession of heroin. He was forced into a police jeep, kicked in the
chest by a constable, and driven to Kandana Police Station. Around 8.30 p.m., during
interrogation by the OIC (Inspector of Police) and two constables in the Crime Branch Office, he
was handcuffed and ordered to stand against a wall. He was questioned about the heroin with
vulgar language, threatened that he should tell the truth, beaten all over his body with a T-56 rifle
and a wooden baton, and slapped by the OIC over the course of two hours. He was struck with a
baton at his knee, and later had difficulty walking as a result. He was forced to lie face down on
a bench and two wooden batons were pressed behind his knees and on his neck. He was then
brought back to his cell for a short while, but taken out again after midnight to the interrogation
room where he was forced by three constables to sign a typewritten statement with his
fingerprints. The following day he was produced before a magistrate, but could not report the
ill-treatment as he was escorted by the police. He was subsequently transferred to Bogambara
Prison where he stayed for 28 days. After that he spent 30 months in Welikada Prison in
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