A/HRC/7/3/Add.6
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75. Of the full complement of seven prison doctors, two, who had worked at the prison for
three and four years respectively, were available for interview. Both doctors reported that they
were required to ask all new detainee arrivals whether they had been assaulted by the police and
they complied with this instruction. The detainees were able to reply freely and if there was an
allegation then they were examined and injuries were documented. The majority of allegations
were of beatings with batons and cables, suspension from the ceiling sometimes with suspension
upside down (reverse butchery) and beatings to the soles of the feet (falaqa), and crushing of the
fingers with blows. There were on average about 20 detainee admissions per day and it was their
impression that a detainee with visible injuries was seen every two to three days. There had been
no noticeable change in the number or pattern of injuries seen over the past three to four years.
The problem appeared to be a general one with the police and there were no specific geographic
areas or sections of the police force responsible. Neither did the physical abuse appear to be
related to specific crimes except that persons accused of rape were invariably assaulted by the
police. Review of prisoner admission forms between 12 August 2007 and 19 September 2007
identified six cases of new detainees with injuries attributable to assaults with three of the cases
specifically alleging assault by the police. For example, File No. 1264/07 recorded an assault by
Kandy police on the night of 1 September 2007, using a cane pole and there was physical
evidence of bruising over the left shoulder. File No. 1244/07 recorded an assault by the police
three days previously with evidence of bruises over the back, the right leg, the right heel and the
sole of the right foot. File No. 1145/07 recorded an assault by police at Wattegama Police Station
on 10 August 2007 at 10 a.m. using a pole to beat the head. On examination there were abrasions
to the left side of the face, swelling of the left cheek and a small laceration.
76. At the debriefing prison officials indicated that no complaints of ill-treatment were
received from courts, or human rights organizations, or the Red Cross. However, it was pointed
out by the Special Rapporteur that a high number of different prisoners indicated with consistent
accounts identities of perpetrators, locations, and how and with what instruments the beatings
were carried out. There was much evidence provided which could not be merely dismissed with
denials. Chief Jailer T.I. Uduwara told the Special Rapporteur that sometimes the guards beat
detainees if they have done something wrong. He admitted that he had received many complaints
against the guards mentioned by the Special Rapporteur. However, he insisted that there was a
likelihood that “the prisoners have done something wrong if we beat them”. ASP Chandrasekera
confirmed the statements of the Chief Jailer. The ASP undertook to take appropriate action.
77. The Special Rapporteur recommends that prompt and independent investigations of all
allegations of the beatings and other ill-treatment be carried out. Those responsible including the
named alleged perpetrators Mr. Rohetha, Nihal, Palita, Mutubanda and Kalugampitiya as well as
the Chief Jailer and the Prison Management should be suspended and brought to justice.
XVI. CRIMINAL INVESTIGATION DEPARTMENT (CID), COLOMBO
(Visited on 6 October 2007)
78. The Special Rapporteur was received by the CID Director, Senior Superintendent of
Police, Nimal Kulatunga, Inspector Senartne, and Sub-Inspector Jayawardene. He and his
delegation had to wait for almost an hour to get access to the fourth and sixth floors. During this
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