SRI LANKA: Police severely tortured five men and subsequently filed fabricated charges against them 

Dear friends,

The Asian Human Rights Commission (AHRC) has received information of yet another case of illegal arrest, detention, brutal torture and the subsequent filing of fabricated charges against the victims on 28 February 2005. The arrest of victims S. D. Kodituwakku, who is a hotel owner, and his employees, A. B. Abeywardena, A. Ruwantissa and W. Shantha, was allegedly orchestrated by the Officer-in-Charge (O.I.C.) of the Dickwella police station in an effort to take over Kodituwakku’s hotel business in favour of the local politician.

The four men were charged with illegal possession of firearms, which is a non-bailable offense in Sri Lanka. At the time of Kodituwakku and his employees’ detention, Kodituwakku’s younger brother, Sujeewa, was arrested, detained and severely tortured by some policemen attached to the Tissamaharama police station. After the incident, the Judicial Medical Officer (JMO) submitted a report regarding the victims’ case. A formal complaint was also filed at the National Human Rights Commission (NHRC). The complaints, however, have not shown show any progress.

We call upon your intervention to ensure that an impartial and independent investigation into this case takes place. The charges against the five men in court must be dropped. If the allegations against the policemen involved are true, appropriate charges must be filed against them.

Finally, please urge the NHRC to resolve the victim’s complaint the earliest time possible. Appropriate compensation must likewise be afforded to them. They must also be placed under a government-sponsored rehabilitation programme for trauma treatment. The government must comply with these requirements as stipulated in the Convention against Torture Act of Sri Lanka.

Urgent Appeals Programme
Asian Human Rights Commission
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DETAILED INFORMATION:

Name of the victims: S. D. Kodituwakku, A. B. Abeywardena, A. Ruwantissa, W. Shantha and Sujeewa Kodituwakku
Alleged perpetrators: The Officer-in-Charge (O.I.C.) of the Dickwella police station and several policemen attached to the Tissamaharama police station
Date of incident: 28 February 2005 and several subsequent dates

Case details:

On 28 February 2005, the victims, namely S. D. Kodituwakku, owner of a hotel named ‘Tissa Village Hotel’ in Tissamaharama and his employees A. B. Abeywardena, A. Ruwantissa, W. Shantha were arrested by the OIC of Dickwella police station. The OIC is reportedly a relative of a politician whom S.D. Kodituwakku had a dispute with. It is alleged that the charges against S. D. Kodituwakku and his employees were fabricated by the OIC in an effort to take over Kodituwakku’s hotel business in favour of the local politician.

While in police custody, the four men were allegedly severely assaulted. The hotel was also looted. The Judicial Medical Officer (JMO) had already submitted a report regarding the injuries suffered by the victims. An inquiry with regard to this incident and allegations of fabricated charges is pending before the Human Rights Commission.

The four victims accused the OIC of Dickwella police station of allegedly colluding with the brother of a politician to fabricate charges against them. It is said that the filing of illegal possession of firearms against the victims, which is a non-bailable offense, is intended to hold them in prolonged detention. The four men were released after the Court of Appeal granted them bail on December 22.

While the four men were in jail, the younger brother of S. D. Kodituwakku, named Sujeewa Kodituwakku was also arrested, tortured and threatened to be killed. It is reported that the policemen had thrown petrol on Sujeewa’s face. The younger Kodituwakku is a student at the Peradeniya University. Sujeewa Kodituwakku filed a fundamental rights application against the eight police officers including the Officer-in-Charge (OIC) in Tissamaharama police station.

Additional comments:

The Asian Human Rights Commission has constantly raised the issue of the fabrication of charges by the Sri Lankan police as a very common practice.  The AHRC continues to receive extensive information from many parts of the country of this continued and widespread practice.  Even some judicial officers confirm that often individuals are released after a trial in absence of sufficient evidence to charge them.  There are various reasons why Sri Lankan police tend to fabricate charges against innocent individuals. As in this case, the motive is to assist a local politician in some illegal transaction. There are also attempts to detain persons on fabricated charges for sexual purposes.  The recent case of Lalantha Fernando who was allegedly murdered by officers of Koswatte police station is an example of this case. (Please see our previous appeal on this case: UA-191-2005).

Furthermore, in some cases they are pure acts of revenge, such as the re-arrest of torture victims once they file complaints against the police. For these and other reasons innocent persons are often incarcerated and tortured for a long time.  As a result of the delays in adjudication of cases in courts, a person is forced to suffer prolonged detention even though the case is fabricated.

SUGGESTED ACTION:

Please send letters to the addresses listed below and raise your concern regarding the case of the five victims. The charges against them in court must be dropped. An impartial investigation into irregularities of arrest, detention and severe torture by the police must take place without delay.

 

 

To support this case, please click here: SEND APPEAL LETTER