SRI LANKA: Police produced a man before court with fabricated charges after torture

Dear friends,

The Asian Human Rights Commission (AHRC) has received information that Allen Jo (29) 195/1 Welgampola Road, Nawawlapitiya in the district of Kandy was illegally arrested and severely tortured by the police officers attached to the Nawalapitiya Police Station on 28 March 2011. He was arrested accused for possession of drugs without any reason and later when the victim denied the accusation he was severely assaulted. Then he was produced to the court with fabricated charges. The victim vehemently denied the charges. This case is yet another illustration of the exceptional collapse of the rule of law in the country. 

CASE NARRATIVE: 

According to the information the Asian Human Rights Commission received Mr. Allen Jo (29) of No: 195/1 Welgampola Road, Nawawlapitiya was illegally arrested, detained and tortured by the police officers attached to the Nawalapitiya Police Station on 28 February 2011.

Allen opened up a small business, selling short eats / fast food at Nawalapitiya town. On the 28 February 2011, Monday around 12.15 pm five police officers, including the Officer-in-Charge (OIC) of Nawalapitiya, Mr. Udayakumar visited the business premises. Out of the five police officers 2 were in police uniform and three police officers were in civilian dress.

At this particular moment there was only Allen inside the shop. The police officers told him that they wanted to search the business premises and searched the shop without providing any warrant. They pointed to a paper that is used to wrap cigarettes and questioned Allen about it. Further they accused him of selling drugs. However Allen protested the alleged accusation. Police did not take into custody any material relating to drugs.

Then the police officers started to assault Allen and dragged him through the streets to the police station. At the police station, he was stripped naked and the OIC Udayakumar beat him with a Z-lon pipe until it broke into pieces. Then he slapped him and beat with his fists and fired a shot into the air.

On 1 March Allen along with one visitor who came to visit him to the police cell was also arrested. Later on that day both were produced before the Magistrate of Nawalapitiya in his chambers and were brought back to the police station and detained until the 7 March when he was produced in court and remanded at the Raja Veediya Remand Prison in Kandy. Then the case was postponed to 21 March 2011.

Allen denied the fabricated charges and protested against the arrest and torture and inhuman degrading treatment and punishment. He believes that the drugs were introduced by the police officers themselves when they visited the shop. Further he feels that his rights for an impartial inquiry, access to justice and fair trial were denied.

When Allen’s mother visited him she observed that he had lost his hearing as there was damage to his ears, after the severe assault by the police officers.

ADDITIONAL COMMENTS: 

The Asian Human Rights Commission has reported innumerable cases of torturing innocent by the Sri Lankan police which are illegal under international and local law which have taken place at different Police Station in the country over the past few years.

The State of Sri Lanka sign and ratified the CAT on 3 January 1994. Following state obligations Sri Lanka adopted Act number 22 of 1994 the law adopted by the Sri Lankan parliament making torture a crime that can be punishable for minimum seven years and not less than ten years on being proven guilty. The Attorney General of Sri Lanka is suppose to file indictments in the case where credible evidence were found on torturing people by state officers.

SUGGESTED ACTION: 
Please send a letter to the authorities listed below expressing your concern about this case and requesting an immediate investigation into the allegations of illegal arrest, illegal detention, torturing by the police perpetrators, and the prosecution of those proven to be responsible under the criminal law of the country for misusing powers of a state. The officers involved must also be subjected to internal investigations for the breach of the department orders as issued by the police department. Further, please also request the NPC and the IGP to have a special investigation into the malpractices of the police officers for abusing the state officers’ powers.

Please note that the AHRC has also written a separate letter to the Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment on this regard.

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