SRI LANKA: Brutal assault; falsified charges; denial of medial treatment; police inaction; failure to conduct an investigation; collapse of rule of law
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Dear friends,
The Asian Human Rights Commission (AHRC) has received information regarding the illegal arrest and brutal torture of Mr. P.G.R. Jayasekera, a 56-year-old retired government servant from Ketandola, Ratnapura by the Hambantota Assistant Superintendent of Police (ASP), and the Officer-in-Charge (OIC) and a police officer by the name of Miskin from the Kataragama Police Station on 22 December 2004. To date all involved parties have taken little action in regards to this case and are taking great efforts to conceal any related information.
On 22 December 2004, Mr. Jayasekera, together with two friends were on a pilgrimage to Kataragama when police arrested them. At around 9:00am that day, the Hambantota ASP and the OIC and police officer Miskin from Kataragama police confronted Mr. Jayasekera and his friends, placed them on a tractor, and took them to the middle of the Yala game forestry. The next day three police officers brutally assaulted them whilst in the forest. It was during this assault that the police demanded information regarding a murder in the area.
After this incident, Mr. Jayasekera complained to the police about his illegal arrest and torture. This angered the officers who then forcibly stripped him of his clothes and tied his thumbs together, hung him from a tree, and mercilessly assaulted him with poles and fists. As a result, Mr. Jayasekera was rendered unconscious and later found himself at the Kataragama police station.
That night, the Tissamaharama magistrate visited the police station and noticed that Mr. Jayasekera seemed to be injured and needed immediate medical attention. He suggested that the Kataragama police take him to the hospital. Per the magistrate’s request, the Kataragama police took Mr. Jayasekera to the Kataragama hospital. However, after the medical attendants noticed that Mr. Jayasekera was passing blood with his urine and was in far too serious of a condition for them to help him, the hospital refused to admit him and referred him to the Matara hospital. Rather than following the advice of the medical attendants, the Kataragama police took Mr. Jayasekera to the Hambantota remand prison instead.
A few days later, Mr. Jayasekera was transferred from the Hambantota remand prison to the Tangalle prison and thereafter to the Moneragala prison. All of these institutions defied the Magistrate’s order to provide the seriously ill Mr. Jayasekera necessary medical treatment. After he was transferred from Moneragala prison to the Matara prison, Mr. Jayasekera was finally admitted to the Matara hospital. About three months later, according to Mr. Jayasekera, he was acquitted from the charges against him. During the course of his trial, Mr. Jayasekera fearlessly explained to the court the details of his horrific torture and lack of medical attention. After his release, Mr. Jayasekera was able to receive treatment at the Ratnapura hospital.
Our sources tell us that at the Ratnapura hospital, the Judicial Medical Officer (JMO) who examined Mr. Jayasekera requested medical reports on the victim from both the Matara hospital and the Hambantota remand prison; however, these medical documents have yet to be released.
Mr. Jayasekera has complained to the Human Rights Commission and other authorities about his illegal arrest, his multiple instances of torture, the fabricated charges of murder, and three months in the Hambantota remand prison, but there has been little action to date regarding his case. Our sources tell us that all involved parties, including the ASP from Hambantota police, the OIC and police officer Miskin from Kataragama police, and other police and prison officials are intentionally concealing information related to this case.
Mr. Jayasekera’s eye sight and hearing has been damaged due to the multiple instances of torture. He has also suffered from various physical and mental ailments related to his brutal encounter with the police.
SUGGESTED ACTION:
Please write a letter to the concerned authorities listed below and urge them to launch an immediate investigation into this case and take action to prosecute the responsible officers as soon as possible. Prisoners, moreover, must always be afforded proper and immediate medical attention and all medical records should be available so that the victim may receive appropriate care. Additionally, the victim should receive compensation for the psychological and mental anguish he has had to endure.
To support this case, please click here: SEND APPEAL LETTER
SAMPLE LETTER
Dear __________________,
SRI LANKA: Failure by state officials to release information and investigate the illegal arrest, torture and fabricated charges of a retired government servant by Hambantota police
Name of victim: Mr P.G.R. Jayasekera, aged 56, resident of Ketandola, Ratnapura, retired government servant
Names of alleged perpetrators: Assistant Superintendent of Police at Hambantota Police Station and the Officer in Charge and police officer Miskin from the Kataragama Police Station
Place of incident: Yala Game Forestry, Kataragama Police Station
Date of incident: 22-23 December 2004
I am writing to you with a deep concern regarding the illegal arrest and brutal torture of Mr. P.G.R. Jayasekera, a 56-year-old retired government servant from Ketandola, Ratnapura by the Hambantota Assistant Superintendent of Police (ASP), and the Officer in Charge (OIC) and police officer Miskin from the Kataragama Police Station on 22 and 23 December 2004. To date all involved parties have taken little action in regards to this case and are taking great efforts to conceal any related information.
On 22 December 2004, Mr. Jayasekera, together with two friends were on a pilgrimage to Kataragama when the police arrested them. At around 9:00am that day, the Hambantota ASP, and the OIC and police officer Miskin from the Kataragama police confronted Mr. Jayasekera and his friends, placed them on a tractor, and took them to the middle of the Yala game forestry. The next day, December 23, three police officers brutally assaulted them whilst in the forest. It was during this assault that the police demanded information regarding a murder in the area.
After this incident Mr. Jayasekera complained to the police about his illegal arrest and torture. This angered the officers who then forcibly stripped him of his clothes and tied his thumbs together, hung him from a tree, and mercilessly assaulted him with poles and fists. As a result, Mr. Jayasekera was rendered unconscious and later found himself at the Kataragama police station.
That night, the Tissamaharama magistrate visited the police station and noticed that Mr. Jayasekera seemed to be injured and needed immediate medical attention. He suggested that the Kataragama police take him to the hospital. Per the magistrate's request, the Kataragama police took Mr. Jayasekera to the Kataragama hospital. However, the Kataragama hospital referred him to the Matara hospital because of his serious condition. Rather than following the advice of the medical attendants, the Kataragama police took Mr. Jayasekera to the Hambantota remand prison instead.
A few days later Mr. Jayasekera was transferred from the Hambantota remand prison to the Tangalle prison and thereafter to the Moneragala prison. All of these institutions defied the Magistrate's order to provide the seriously ill Mr. Jayasekera necessary medical treatment. After he was transferred from Moneragala prison to the Matara prison, Mr. Jayasekera was finally admitted to the Matara hospital. About three months later, according to Mr. Jayasekera, he was acquitted from the charges against him. After his release, Mr. Jayasekera was able to receive treatment at the Ratnapura hospital.
I have been informed that at the Ratnapura hospital, the Judicial Medical Officer (JMO) who examined Mr. Jayasekera requested medical reports on the victim from both the Matara hospital and the Hambantota remand prison; however, these medical documents have yet to be released. Mr. Jayasekera's eyesight and hearing have been damaged due to the multiple instances of torture and he has also endured various other physical and mental ailments as well.
Mr. Jayasekera has complained to the Human Rights Commission and other authorities about his illegal arrest, his multiple instances of torture, the fabricated charges of murder, and three months in the Hambantota remand prison, but there has been little action to date regarding his case. I am aware that the ASP from Hambantota police and the OIC and police officer Miskin from the Kataragama police, together with other police and prison officials are intentionally concealing information related to this case.
In light of the above, I urge your intervention to ensure that the Special Investigations Unit (SIU) properly and immediately investigates the victims allegations of torture against the police personnel concerned. Once the investigation commences, the policemen involved must be suspended from their duty to ensure impartiality of the inquiry. If the allegations are proven to be true, appropriate charges must be laid against them in accordance with the Convention against Torture Act of Sri Lanka.
I also urge the concerned agencies in Sri Lanka to ensure that the concluding observations and recommendation by the UN Committee are effectively and adequately complied with. Relevant to this is the need to ensure prompt and impartial investigations, rehabilitation for the victims of torture and review of the all places of detention.
Finally, a review should be lodged into why this and so many other cases in Sri Lanka have been ignored despite all the relevant authorities being aware of them.
I trust that your intervention will be forthcoming in this case.
Yours sincerely,
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PLEASE SEND YOUR LETTERS TO:
1. Mr. Chandra Fernando
Inspector General of Police (IGP)
New Secretariat
Colombo 1
SRI LANKA
Fax: +94 11 2 440440/327877
2. Mr. K. C. Kamalasabesan
Attorney General
Attorney General's Department
Colombo 12
SRI LANKA
Fax: +94 11 2 436 421
3. National Police Commission
3rd Floor, Rotunda Towers,
109 Galle Road
Colombo 03
SRI LANKA
Tel: +94 11 2 395310
Fax: +94 11 2 395867
Fax HOME: +94 11 2 674148
E-mail: polcom@sltnet.lk
4. Dr. Radhika Coomaraswamy
Chairperson Human Rights Commission of Sri Lanka
No. 36, Kynsey Road
Colombo 8
SRI LANKA
Tel: +94 11 2 694925 / 673806
Fax: +94 11 2 694924 / 696470
E-mail: sechrc@sltnet.lk
5. Mr. J Thangawelu
DIG Legal
Police Headquarters
Colombo 1
SRI LANKA
Fax: 94 11 2381 394
Email: legaldiv@police.lk
6. His Excellency the Hon. Mr Mahinda Rajapakse
President Socialist Democratic Republic of Sri Lanka
C/- Office of the President
Temple Trees
150, Galle Road
Colombo 3
SRI LANKA
Fax: +94 11 2472100 / +94 11 2446657 (this is contact for Secretary to President)
Email: secretary@presidentsoffice.lk
7. Prof. Manfred Nowak
Special Rapporteur on the Question of Torture
Attn: Mr. Safir Syed
C/o OHCHR-UNOG
1211 Geneva 10
SWITZERLAND
Tel: +41 22 917 9230
Fax: +41 22 917 9016 (general)
E-mail: ssyed@ohchr.org
8. Ms Leila Zerrougui
Chairperson
Working Group on Arbitrary Detention
c/o Miguel de la Lama
OHCHR-UNOG
1211 Geneva 10
SWITZERLAND
Fax: +41 22 917 9006 (ATTENTION: Working Group on Arbitrary Detention)
Email: mdelalama@ohchr.org
Thank you.
Urgent Appeals Programme
Asian Human Rights Commission (ahrchk@ahrchk.org)
