Dear Friends,
The Asian Human Rights Commission (AHRC) has received information that Mr. Devatha Pedige Jayathilaka from Karandupana, in the Kegalle District, for no apparent reasons, has been produced before the Kegalle Magistrate Court, having been framed on fabricated charges by the Kegalle Police, on 27 June 2015. Meanwhile the Rambukkana Police have also filed another fabricated case against him in the Mawanella Magistrate Court, where he was ordered by the Magistrate, to go to the Rambukkana Police Station. When he visited the Station he was detained and severely tortured, for which he had to undergo treatment at the General Hospital in Kegalle.
CASE NARRATIVE:
Following is information that the Asian Human Rights Commission (AHRC) received about the case of Mr. Devatha Pedige Jayathilaka, 48 years old, who hails from Detawala, in Karandupana, Kegalle District. He is married, has two children, and works as a labourer.
On 27 June 2015, after having received a message from a neighbor asking him to do so, he visited the Rambukkana Police Station, where four police officers approached him and asked him to accompany them to the next intersection in a police jeep.
The police officers instead took him all the way to the Kegalle Police Station, where he was asked to admit to stealing of some fruit and that if he did so he would be released immediately. Mr. Jayathilaka denied committing any such crime. The police officers then threatened him with torture, telling him that unless he confessed he would be produced before the Magistrate on a charge of possession of a hand grenade. Mr. Jayathilaka, in fear of being tortured and incarcerated, expressed willingness to confess to the stealing of fruits, following which the police officers forced him to sign several documents. Jayathilaka states that none of these documents were explained or shown to him beforehand.
On the same day he was brought before the Kegalle Magistrate, who had ordered his remand. On 20 July 2015, he was again produced before the court, which granted him bail.
Following his release, he again received a message from a neighbor, to report to the Rambukkana Police Station. When he visisted the Rambukana Police, he was informed that another case had been filed against him and would be taken up at the Mawanella Magistrate’s Court on 11 August 2015.
Once again on 11 August, Jayathilaka appeared before the Magistrate’s Court of Mawanella, where he was again released on bail. However, the Magistrate observed that the police had not interrogated him or recorded any statement and therefore instructed him to go back to the Rambukkana Police Station and assist the police officers there to proceed with the investigation of the case.
Following the orders of the Magistrate on 12 August, he went to the Rambukkana Police Station. After waiting for a while an officer whom he later identified as the Officer-in-Charge of the Crime Branch, Sub Inspector (SI) Ranasingha, approached him and asked him his name, and then he had dragged Jayathilaka by the collar of his shirt and started to beat him with his fists on Jayathilaka’s chest and face.
Then Jayathilaka was brought to a room at back of the Police Station where an officer in civilian clothing then assaulted Jayathilaka, with a pole two and half feet long, hitting him on his legs, arms, back, chest, and wrist. SI Ranasingha also joined in and assaulted Jayathilaka, punching and kicking him. Jayathilaka did not know the reason for being tortured and pleaded with the officers not to assault him and broke down in tears. After being assaulted for more than two hours, the officers stopped and left him in the room; he was barely able to stand on his own and could not move his limbs.
A little later, the officer who assaulted Jayathilaka came to him and informed him that they are going to release him from the court case and he was asked to go home by bus and warned sternly not to report the police torture to any authority.
After going home, due to severe pain, Jayatilaka had to be admitted to the General Hospital in Kegalle, where the doctors confirmed that the damage was due to his being tortured and assaulted with blunt instruments. After receiving treatment and being discharged from the hospital he went to the meet the Assistant Superintendents of Kegalle Police to lodge a complaint.
However, despite making him wait for hours, the ASP did not given him an audience. He then lodged a complaint with the Sri Lanka Human Rights Commission (HRC) head office in Colombo regarding the violation of his fundamental rights guaranteed under the Constitution.
To date, neither Jayatilaka’s case nor his complaints to the police have been inquired into. Police officers have tortured and incarcerated the victim with blatant impunity, without any evidence, investigations, or charges. The victim seeks justice and reparation for the torture and illegal incarceration by the police.
SUGGESTED ACTION:
Please send a letter to the authorities expressing your concern about this case and requesting an immediate investigation into the allegations of illegal arrest, detention, and fabrication of charges against an innocent man. The police have denied his right to justice and an independent inquiry. Kindly request the authorities to prosecute those responsible under the criminal law for misusing the powers of the State. All officers involved need to be subjected to internal investigations for breach of Police Department orders. Further request the National Police Commission (NPC) and the Inspector General of Police (IGP) to initiate a special investigation into the malpractices of police officers that abuse State powers.
Please note that the AHRC will write a separate letter to the UN Special Rapporteur on Torture and Other Cruel, Inhuman and Degrading Treatment or Punishment in this regard.
To support this case, please click here: SEND APPEAL LETTER
SAMPLE LETTER
Dear ________,
SRI LANKA: Innocent man framed by Kegalle Police and tortured by Rambukkana Police
Name of the victim: Mr. Devatha Pedige Jayathilaka of Shasika, Detawala, Karandupana, Kegalle, Kegalle District
Alleged perpetrators: Police officers attached to the Rambukkana Police Station.
Date of incident: 12 August 2015 till todate
Place of incident: Rambukkana Police Station
I am writing to express my serious concern over the case of Mr. Devatha Pedige Jayathilaka from Karandupana, in the Kegalle District, for no apparent reasons, has been produced before the Kegalle Magistrate Court, having been framed on fabricated charges by the Kegalle Police, on 27 June 2015. Meanwhile the Rambukkana Police have also filed another fabricated case against him in the Mawanella Magistrate Court, where he was ordered by the Magistrate, to go to the Rambukkana Police Station. When he visited the Station he was detained and severely tortured, for which he had to undergo treatment at the General Hospital of Kegalle.
Following is information that I have received the case of Mr. Devatha Pedige Jayathilaka, 48 years old, who hails from Detawala, in Karandupana, Kegalle District. He is married, has two children, and works as a labourer.
On 27 June 2015, after having received a message from a neighbor asking him to do so, he visited the Rambukkana Police Station, where four police officers approached him and asked him to accompany them to the next intersection in a police jeep.
The police officers instead took him all the way to the Kegalle Police Station, where he was asked to admit to stealing of some fruit and that if he did so he would be released immediately. Mr. Jayathilaka denied committing any such crime. The police officers then threatened him with torture, telling him that unless he confessed he would be produced before the Magistrate on a charge of possession of a hand grenade. Mr. Jayathilaka, in fear of being tortured and incarcerated, expressed willingness to confess to the stealing of fruits, following which the police officers forced him to sign several documents. Jayathilaka states that none of these documents were explained or shown to him beforehand.
On the same day he was brought before the Kegalle Magistrate, who had ordered his remand. On 20 July 2015, he was again produced before the court, which granted him bail.
Following his release, he again received a message from a neighbor, to report to the Rambukkana Police Station. When he visisted the Rambukana Police, he was informed that another case had been filed against him and would be taken up at the Mawanella Magistrate’s Court on 11 August 2015.
Once again on 11 August, Jayathilaka appeared before the Magistrate’s Court of Mawanella, where he was again released on bail. However, the Magistrate observed that the police had not interrogated him or recorded any statement and therefore instructed him to go back to the Rambukkana Police Station and assist the police officers there to proceed with the investigation of the case.
Following the orders of the Magistrate on 12 August, he went to the Rambukkana Police Station. After waiting for a while an officer whom he later identified as the Officer-in-Charge of the Crime Branch, Sub Inspector (SI) Ranasingha, approached him and asked him his name, and then he had dragged Jayathilaka by the collar of his shirt and started to beat him with his fists on Jayathilaka’s chest and face.
Then Jayathilaka was brought to a room at back of the Police Station where an officer in civilian clothing then assaulted Jayathilaka, with a pole two and half feet long, hitting him on his legs, arms, back, chest, and wrist. SI Ranasingha also joined in and assaulted Jayathilaka, punching and kicking him. Jayathilaka did not know the reason for being tortured and pleaded with the officers not to assault him and broke down in tears. After being assaulted for more than two hours, the officers stopped and left him in the room; he was barely able to stand on his own and could not move his limbs.
A little later, the officer who assaulted Jayathilaka came to him and informed him that they are going to release him from the court case and he was asked to go home by bus and warned sternly not to report the police torture to any authority.
After going home, due to severe pain, Jayatilaka had to be admitted to the General Hospital in Kegalle, where the doctors confirmed that the damage was due to his being tortured and assaulted with blunt instruments. After receiving treatment and being discharged from the hospital he went to the meet the Assistant Superintendents of Kegalle Police to lodge a complaint.
However, despite making him wait for hours, the ASP did not given him an audience. He then lodged a complaint with the Sri Lanka Human Rights Commission (HRC) head office in Colombo regarding the violation of his fundamental rights guaranteed under the Constitution.
To date, neither Jayatilaka’s case nor his complaints to the police have been inquired into. Police officers have tortured and incarcerated the victim with blatant impunity, without any evidence, investigations, or charges. The victim seeks justice and reparation for the torture and illegal incarceration by the police.
I therefore request your urgent intervention to ensure that the authorities listed below initiate an immediate investigation into the allegations of illegal arrest, detention, torture, and fabricated charges against an innocent by the police who prevented them from getting justice. I further request prosecution of the responsible persons under the criminal law for misusing the power given to State officers. The officers involved must also be subject to internal investigations for breach of Department orders.
Yours Sincerely,
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PLEASE SEND YOUR LETTERS TO:
Mr. Pujith Jayasundara
Inspector General of Police (IGP),
New Secretariat,
Colombo 1,
SRI LANKA
Fax: +94 11 2 440440
Email: com@police.lk
Mr. Jayantha Jayasooriya
Attorney General
Attorney General’s Department,
Colombo 12,
SRI LANKA
Fax: +94 11 2 436421
Secretary,
National Police Commission,
3rd Floor Rotunda Towers,
109 Galle Road,
Colombo 03,
SRI LANKA
TelFax: +94 11 2 395960
Email: polcom@sltnet.lk
Secretary,
Human Rights Commission of Sri Lanka,
No 108 Barnes Place,
Colombo 07
SRI LANKA
Tel: +94 11 2 694 925 – 673 806
Fax: +94 11 2 694 924 – 696 470
Email: sechrc@sltnet.lk
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Thank you.
Urgent Appeals Programme
Asian Human Rights Commission (ua@ahrc.asia)
