[RE: UA-136-2005: SRI LANKA: Two persons severely injured after being tortured by iron rods by the Wattegama police; UP-97-2005: SRI LANKA: A torture victim with serious injuries is chained to his bed due to legal technicality; UP-98-2005: SRI LANKA: Rohitha remains in chains in hospital due to legal technicalities; UP-99-2005: SRI LANKA: Rohitha released]
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UP-133-2006: SRI LANKA: Serious acts of torture followed by the fabrication of charges against the victims by the Wattegama police
SRI LANKA: Ill-treatment of torture victim; fabrication of charges; collapse of rule of law
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Dear friends,
The Asian Human Rights Commission (AHRC) earlier gave details of the brutal torture of Rohitha Upali Liyanage and Sarath Bandara Ekanayake by officers of the Wattegama Police on 28 July 2005 (UA-136-2005). Rohitha in particular continues to suffer the scars of the incident as the assault upon his body by one of the police officers with an iron rod caused the complete fracture to his right leg. To date he continues to suffer from limited movement and has lost his ability to work.
According to the medical report issued by the District Medical Officer of Wattegama, Dr. K.A. Jayalika Bandara, the injury caused to the leg constitutes a grievous injury falling under Section 311 of the Penal Code. The doctor also marked several injuries inflicted upon Sarath to the same degree.
Complaints on this matter were made to the Inspector General of Police, the Attorney General, the Human Rights Commission of Sri Lanka and the National Police Commission. The AHRC understands that inquiries were conducted by a Special Investigation Unit (SIU) into this matter as well as separate investigations by the Deputy Inspector General of Police, Kandy.
Through investigation the Kandy office of the Human Rights Commission of Sri Lanka concluded and held that the police officers had violated the rights of the two citizens and recommended action to prosecute the offenders. However, to date no action has been taken to arrest or to prosecute the police officers involved. Clear evidence further showed that the Officer-in-Charge of the station was involved in the assault at the time; however, there is no indication that efforts for investigation into his involvement have been occurred.
Meanwhile, a case was filed against the two victims by the police alleging that they had obstructed the police in the course of their duty. From our observations there is no evidence to support these charges and are mere fabricated products of retribution to perverse the course of justice.
The AHRC wrote a letter to the Deputy Inspector General of Police in Kandy Mr. Nimal Mediwake requesting him to act on the basis of the information that he has gathered through his inquiry and to instruct the officers of the Wattegama Police to withdraw the charges against Rohitha and Sarath. To date the Deputy Inspector General of Police has not taken action to that effect.
As a result while Rohitha has become physically disabled by the assault he has also had to face fabricated charges before a court of law. The latter is also true for Sarath.
SUGGESTED ACTION
We request that you write to the Sri Lankan authorities urging them to take appropriate action in this case.
Automated email letters can be sent by the AHRC Urgent Appeals on-line support system. To support this appeal please refer to http://www.ahrchk.net/support.php?ua=UP-133-2006. For those contacts without an email address, we ask that you still write a letter and post or fax this. If you have any problems or questions using this system, please feel free to contact us at ua@ahrchk.org.
To support this case, please click here: SEND APPEAL LETTER
SAMPLE LETTER
Dear ____________,
SRI LANKA: Serious acts of torture followed by the fabrication of charges against the victims by the Wattegama police
Names of victims:
1) Rohitha Upali Liyanage,
2) Sarath Bandara Ekanayake
Names of alleged perpetrators:
1) Police constable Rajapakse,
2) Police constable Balasurya,
3) Several other police constables attached to the Wattegama Police Station
Date of incident: 28 July 2005 to date
Place of incident: Walala (near Wattegama) Junction and Wattegama Police Station
I am bringing to your notice the terrible fate of two torture victims who have not only suffered torture but are continuing to be treated cruelly by senior police officers who ignore their complaints.
Due to the complaints sent to you earlier we believe that you are completely aware of this case. DIG Central Range (West) personally investigated this matter and later the investigation was later followed by a Special Investigation Unit (SIU) inquiry. The Human Rights Commission of Kandy also investigated and found that the allegations of torture are true.
Adding to the cruelty of the torture is the fabrication of charges against the victims by the police officers who were the perpetrators of torture and who are the complainants. In a complete reversal of justice the perpetrators have become complainants and the victims of crime have become the accused.
We believe that you bear the responsibility to reverse this mockery of justice and the double cruelty perpetrated on the two victims and their families. The purpose of a policing system is not to ruin the lives of innocent people and to protect criminals, and when such criminals act as law enforcement officers there can no possibility of anything but injustice.
The Magistrate's Court case is being used by these police officers to create some form of defence in terms of the investigation of the torture that has taken place.
We urge you to act on the basis of information available to you and to take appropriate action to ensure the withdrawal of the case at the Magistrate's Court. We also urge you to use your office to assist these torture victims to find justice so that their families may live in peace, free from being tormented by such cruelty.
We also urge that the police officers involved in the torture who continue to hold their positions be charged under the CAT Act, (Act No. 22 of 1994) and that the victims be compensated.
Thank you.
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PLEASE SEND LETTERS TO:
1. Mr. K. C. Kamalasabesan
Attorney General
Attorney General's Department
Colombo 12
SRI LANKA
Fax: +94 11 2 436421
Email: attorney@sri.lanka.net
2. Mr. Chandra Fernando
Inspector General of Police
New Secretariat
Colombo 1
SRI LANKA
Fax: +94 11 2 440440/327877
Email: chandralaw@police.lk
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. 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
5. DIG Nimal Mediwake
Central Range West
Kandy
SRI LANKA
Fax: +94 81 2 223 227)
Thank you.
Urgent Appeals Programme
Asian Human Rights Commission (ahrchk@ahrchk.org)
