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The man said, “We have a big problem, Sandun [Malinga] is dead.” I was in shock, I couldn’t believe what I was hearing. Priyantha, who lives in Badulla district, told Human Rights Watch that on the evening of May 7, Malinga and four relatives had gone to buy a second-hand motorized trishaw.We rushed to the [police] station, shouting, but no one was there. I saw my son’s body had bruises and marks everywhere…. When they failed to return or answer their phones, Priyantha started checking and eventually found them in the holding cell at the nearby Kandaketiye police station.
The beatings had hurt but this was an unbearable pain.Our findings corroborate those of domestic human rights defenders who report that the use of torture and other ill-treatment is common, even for minor offenses.Too often, crime scenes are not properly investigated as police seek quick confessions through coercive means; detainees are not brought before a magistrate within 24 hours as required by law; and magistrates do not give serious consideration to allegations of mistreatment, including by ensuring that the detainee receives proper medical attention from a judicial medical officer (JMO).Instead, police made threatening phone calls to Malinga’s family and visited their home unannounced.Priyantha says the police have told him that if the family proceeds with its complaints, the police will file cases against the family.Malinga was in the worst shape; the last time Priyantha saw him alive was on May 8, when he was lying on the floor in great pain, clutching his chest.
Priyantha filed complaints with various authorities, but no action was taken against any of the officers.
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These include the right to be informed of criminal charges, to have access to a lawyer of one’s choosing, and to be promptly brought before a judge.
The cases documented in this report reflect a longstanding pattern of procedural violations that has persisted despite promises of reform by successive Sri Lankan governments.
Domestic and international law prohibit police from excessive force; arbitrary arrests and detentions; and torture or other ill-treatment of suspects in custody.