Volume : 9

Issue : 108
E Mail : nandmana@sltnet.lk
www.humanrightsofficekandy.org

" They caught me by my hair and dashed my head against the wall,
when I knelt and pleaded, I was kicked by the OIC with his boots,
they warned if I complained, that I will be shot"
Podikumarihami . . .

The International day in support of the survivors of Torture was held in Kandyan Arts Residency on the 29th June 2018
organized by the Human Rights Office Kandy, Sri Lanka. The focus of 2018 Torture day was on "Torture of women" as women
victims are usually reluctant to speak of their ordeal of Torture. The Human Rights Office
therefore broke the silent suffering of women victims of Torture by opening the stage to a
courageous Torture victim, Podikumarihami, who was brutally tortured by the Mahiyanganaya
male police officers.

Podik Podikumarihami's Torture story was unfolded in a form of an interview led by Attorney at
Law, Mr. Suren D. Perera before a panel of jurists on the International Day in Support of
Torture survivors in Kandy. The panel comprised of Dr. Deepika Udugama - The chairperson of
the National Human Rights Commission, Ven. Dr. Atipola Mangala Thero, Senior criminal lawyer
Mr. Titus Manatunga and Mrs. Namalika Dissanayake, the Principal of the Blue Rose Special
School. The compare was Rev. Fr. Nandana Manatunga - the director of Human Rights Office
in Kandy.

The background that led to the brutal Torture of

Podikumarihami, an innocent woman from Mahiyanganaya, in
the Badulla District of Sri Lanka a mother of five children the
youngest aged 19 and 13 years clearly described in her words
"It all started with a two-acre land near the Mahaweli River
in Mahiyangana which is ideal for sand mining”. One day a
police constables attached to the Mahiyangana police station
approached the 50 year old Podikumarihami living on the land
and wanted the property sold to him. Podikumarihami
then sighed and said "I had no other place to go and I loved
that plot of land". She was selling betel and coconut close to the Buddhist temple in the Mahiyanganaya town for her living. Since
2006 from the time she refused to sell the land, Podikumarihami alleged that she had been facing serious threats and constant
harassment by the police and the Officer-in-charge of the Mahiyanganaya Police officers.

Harassment of Podikumarihami by the police went to

the extent when she was arrested for not wearing a
white saree when she appeared in the Magistrate court
and the female Magistrate remanded her for 14 days.
The criminal case continues against her and she had
been warned by the said Magistrate not to retain a
lawyer from Mahiyangana to defend her. Police officers
then further extended harassing her 17 year old son and
he was arrested several times. On November 5, 2017, she
alleged that her son was arrested by Mahiyanga Police
and severely tortured and was hospitalized at which point
the Magistrate came to the hospital and remanded him at Badulla remand prison. She had also said that the Magistrate was
married to a senior police officer.
Eventually Mihiyangana Police
officers invented another charge, to
introduce drugs, to harass
Podikumarihami and her family. On
August 15, 2017, Podikumarihami
was arrested again and no female
Police officer was present during
the time of her interrogation. She
said she was allowed on police bail
and her son-in-law was then
remanded for 14 days. On the same
day, police officers from Mahiyangana Police arrived at her house and attempted to arrest her daughter but when Podikumarihami
objected to the arrest, she was physically harassed by the OIC and two other constables named Senadeera and Wimalasena. They
caught her by her hair and dashed her head against the wall. When she knelt and pleaded, she was kicked by the OIC with his
boots. They warned if she had complained, she could be shot. By August 20, 2017, Podikumarihami was summoned to the Police
Station and was warned not to pursue any complaint against the Police and if she did so, she would have to face dire consequences.

It is at this time that Podikumarihami complained to

the Human Rights Commission. Her case No
HRC/BD/147/17 was scheduled for hearing on
November 27. Podikumarihami and Dilshan her son in law
alleged that their arrest by the Mahiyanganaya Police
was an act of reprisal.

Podikumarihami stated that she had written to the

Police Commission, to the Attorney General, The Human
Rights Commission of Sri Lanka and the DIG Badulla
range. The Special Investigations unit has already
concluded their investigations. With tears in her eyes
Pdikumarihami said that her safely, her dignity, her son’s education and her ability to engage
in her livelihood is at stake.
The members of the panel were stunt when they listened to the brutality of the police officers who are supposed to be the law
enforcing agency. The panelist appreciated the courage of Podikumarihami and sighted some brave acts of women who even
challenged the corrupt judges and the system. A discussion followed the comments from the jurists and Podikumarihami who
cannot read and write, answered the questions with exact names dates and times.
The journalist and the civil Society who were present passed and eight-point resolution in a form of a statement calling upon the
state to ensure
effective protection
and redress for
Podikumarihami. They
also called on the
Judicial Service
Commission to conduct
an inquiry into the
Mahiyangana former
Magistrate pertaining
to these incidents and urged the National Police commission to inquire into the alleged conduct of the Mahiyanganaya Police
Officers as well.

Concluding the International Day in support of the Torture victims, the HRO formally released the statement along with
signatures collected since 2015, calling the attorney General to indict the Torture perpetrators and reactivate the Torture Act no
22 of 1994.