Dear friends,
On 31 March 2006, at around 11am, Officer-in-Charge (OIC) Jayampath and a constable visited Mr. Wijewardenas boutique and queried his identity. When he told them, they asked him where his three-wheeler was to which he replied, at home. The police said they wanted to see the vehicle, and on taking him home told him to bring the three-wheeler cab to the road. However when it was brought out, the Constable ordered Mr. Wijewardena to proceed to the police station. Throughout the journey the police constable scolded and threatened him in obscene language, but Mr. Wijewardena was never informed the reasons why he was being taken to the Karandeniya police station.
At the police station, the OIC took Mr. Wijewardenas vehicle registration, insurance papers and the vehicle keys. Mr. Wijewardena was then informed that politician and Member of Parliament (MP), Gunaratne Weerakoon had complained that he had been distributing defamatory posters against the MP. The OIC threatened Mr.Wijewardena to tell the truth and harassments continued for about three hours. A relative named Ramya Sri Wijetunga then came to the station. The police requested him to go and visit the politician regarding the incident, however the request was refused. The police then ordered Mr. Wijewardena to phone his wife to ask her to come to the police station. When his wife arrived the police proceeded to speak to her in extremely disparaging terms and threatened to send her husband to prison for two years.
The police continued to pressurise the family to admit to distributing the posters. At around 2pm the OIC requested his wife to meet with the politician and resolve matters, but to the annoyance of the officer this was also refused. The family was told by the officer to wait until his return whilst he met with the politician. When the OIC returned at around 5pm he said to Mr. Wijewardena, I am going to take you to court and went on to explain, I only want to please the MP because it is he who got me this post. The officer then drafted something in the books and forced Mr. Wijewardena to sign it. When his wife requested to read its contents, as Mr. Wijewardenas eyesight is weak, she was abused with filthy language.
The police then took the family to the home of Carlton Silva, a lawyer who was also the acting magistrate. Accompanying them was the OIC and the constable. Mr. Charlton Silva said that he was remanding Mr. Wijewardena until March 4 and asked the wife to retain his services until March 3 when he would obtain bail for her husband. Mr. Wijewardena was taken to Balapitiya and remanded there. As instructed, the wife retained the same Carlton Silva for Rs. 2500 on March 3. However she states that after the lawyer and the OIC conferred with the magistrate, Mr. Wijewardena was remanded for further terms. The case was fixed for April 10 and Carlton Silva again promised to have him released on that day.
On the day, in a desperate attempt to secure her husbands freedom, Mrs. Wijewardena retained another lawyer, Dickson Gunawardena to get bail for her husband. After a lengthy discussion between Dickson Gunawardena, Carlton Silva and the magistrate, Mrs. Wijewardena was informed that as Mr. Silva had already appeared for the case, it was in their interest to retain him as well. The next morning, the wife paid a further Rs.2500 to Mr. Charlton Silva and Rs.2000 to Dickson Gunawardena to secure her husbands discharge. Mr. Wijewardena was finally released on bail on March 11.
Thereafter the lawyers advised Mr. Wijewardena to admit to the charges against him as the fine would only be Rs.100. However Mr. Wijewardena is adamant that he will not admit to an offence that he did not commit. The case is next scheduled for June 26.
Mr. Wijewardena states that his fundamental rights guaranteed by the Constitution of Sri Lanka have been violated by the police by illegally arresting him, fabricating charges against him to please a politician and then presenting false facts to court and securing his detention for almost 10 days.
SUGGESTED ACTION:
Please write to the relevant authorities listed below stressing concerns about Mr. Wijewardenas grave experiences calling for an independent investigation into this case.
To support this case, please click here: SEND APPEAL LETTER
SAMPLE LETTER
Dear _______________,
SRI LANKA: Illegal arrest and detention by the police on politicians request
Name of victim: W Quintus Wijewardena (53); Married with two children; Occupation: Trader. Address: Dangahavila, Karandeniya.
Name of alleged perpetrators: Karandeniya Police
Date of incident: 31 March 2006
I am writing to you to express special concern regarding the illegal arrest and detention of Mr. Wijewardena by the police on a politicians request on 31 March 2006. The victim was arrested on fabricated charges by the police alleging that he had been distributing defamatory posters against politician, Gunaratne Weerakoon. The Officer-in-Charge (OIC) Jayampath pressured the victim and his family to admit to the charges in an act to please the politician. The OIC drafted a document which he demanded Mr. Wijewardena to sign to its contents. When Mrs. Wijewardena requested to read the contents she was confronted with abusive language.
The police then took Mr. Wijewardena to the home of lawyer, Carlton Silva who was also the acting magistrate. The police presented the false charges to the court and Mr. Wijewardena was remanded at Balapitiya remand. In the process of obtaining bail Mrs. Wijewardena retained two lawyers and Mr. Wijewardena was finally released on bail on April 11, after almost 10 days in detention. The case has been scheduled to next appear in the Magistrate court on June 26.
This case highlights the enormous influence politicians wield over the local police. Mr. Wijewardena and his family firmly believe that his fundamental rights guaranteed by the Constitution of Sri Lanka have been violated by illegally arresting, detaining and pressurising him on fabricated charges. Therefore, I write seeking your intervention so that justice may be brought to this case. An independent investigation must establish the facts of this case. If it is found that the allegations of illegal arrest by the Karandeniya police are true, then the responsible police officers must be charged and brought before a court of law. If they are found guilty in the court, then full legal and disciplinary action must be taken against the OIC and the Karandeniya police. To ensure the victims safety, I ask that full protection be provided to him while the investigation and subsequent trial are underway.
I trust your intervention will be forthcoming.
Yours sincerely,
_______________________
PLEASE SEND YOUR LETTERS TO:
1. Mr. K. C. Kamalasabesan
Attorney General
Attorney General's Department
Colombo 12
SRI LANKA
Fax: +94 11 2 436421
2. Mr. Chandra Fernando
Inspector General of Police (IGP)
New Secretariat
Colombo 1
SRI LANKA
Fax: +94 11 2 440440/327877
3. Human Rights Commission of Sri Lanka
No. 36, Kynsey Road
Colombo 8
SRI LANKA
Tel: +94 11 2 694 925 / 673 806
Fax: +94 11 2 694 924 / 696 470
E-mail: sechrc@sltnet.lk
4. Mr. J Thangawelu
DIG Legal
Police Headquarters
Colombo 1
SRI LANKA
Fax: 94 11 2381 394
Email: legaldiv@police.lk
5. National Police Commission
3rd Floor, Rotunda Towers,
109 Galle Road
Colombo 03
SRI LANKA
Tel: +94 11 2 395310
Fax: +94 11 2 395867
E-mail: polcom@sltnet.lk
6. 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. Piyasena Ranasinghe
Director General
Commission to Investigate Allegations of Bribery or Corruption
36, Malalasekera Mawatha
Colombo 07
SRI LANKA
Tel: +94 11 2 586 851
Fax: +94 11 2 595 045
8. Ms Leila Zerrougui
Chairperson
Working Group on Arbitrary Detention
Attn: Mr Miguel de la Lama
OHCHR-UNOG
1211 Geneva 10
SWITZERLAND
Fax: +41 22 917 9006 (ATTENTION: WORKING GROUP ARBITRARY DETENTION)
Email: mdelalama@ohchr.org
9. Mr. Leandro Despouy
Special Rapporteur on the independence of judges and lawyers
Att: Sonia Cronin
Room: 3-060
OHCHR-UNOG
1211 Geneva 10
SWITZERLAND
Tel: +41 22 917 9160
Fax: +41 22 917 9006 (ATTN: SPECIAL RAPPORTEUR JUDGES & LAWYERS)
E-mail: scronin@ohchr.org
Thank you.
Urgent Appeals Programme
Asian Human Rights Commission (archk@ahrchk.org)
