Dear friends,
The Asian Human Rights Commission (AHRC) has received information regarding the severe assault of a 40-year-old manual labourer K.W. Upali, allegedly by the Officer-in-Charge of Dodangoda Police and his men. According to the victim, when he failed to satisfy the OIC in answering their questions as to where he purchased the liquor he was carrying the police claimed it to be illegal; the OIC then viciously assaulted him on his neck, face and head. While receiving treatment in a hospital later, the OIC and his men visited him inducing him not to file criminal charges against them. The OIC also allegedly forcibly obtained his signature on a piece of paper without explaining its content.
CASE DETAILS: (Based on the victim’s statement)
On 2 August 2007, the Officer in Charge (OIC) and two other policemen of the Dodangoda Police arrested 40-year-old K.W. Upali (married with three children), in Thudugal Junction. At the time, according to the victim, he was carrying half a bottle of Arrack (a local alcoholic beverage distilled from fermented coconut sap). It is legal to obtain such liquor but the police arbitrarily arrested him. The police took him to a house nearby and questioned him as to whether he purchased the Arrack from that house. But when the victim told them he bought the liquor elsewhere, the OIC lost his temper, accusing him of lying. He assaulted the victim on his neck, face and head. The victim was then taken to the Dodangoda Police Station where he was later bailed out by his friends. The victim was complaining of severe pain on his neck due to the OIC’s assault.
The following day, August 3, the victim went to the Nagoda Hospital where he was admitted for medical treatment at ward 5B. There, he complained to the doctor examining him that he had been assaulted by the police officers. On August 4 the Hospital Police recorded his statement. The Judicial Medical Officer (JMO) likewise examined him. But later that day, the OIC and three other policemen visited him at hospital asking for his forgiveness urging him not to file charges against them. As an inducement, they offered to withdraw the fabricated charge they filed against him for possessing supposedly an illegal alcohol.
On August 5, the OIC again went to visit the victim and took him to the hospital police post. The OIC once again asked for his forgiveness and reiterated that in return they would withdraw the case they filed against him. Then he allegedly forced the victim to sign a paper which the OIC did not explain the contents of nor allowed him to read before signing it.
On August 6, the victim was discharged from the hospital. He was advised though to continue attending the medical clinic regularly to treat his injured neck. Subsequently the victim filed a written complaint with the Chairman of the Human Rights Commission of Sri Lanka, the Chairman of the National Police Commission, the Inspector General of Police (IGP) and the Kalutara Senior Superintendent of Police (SSP).
On behalf of the victim, K.W. Upali, the Asian Human Rights Commission strongly urges all relevant authorities in Sri Lanka, particularly the aforementioned, to take disciplinary and legal action against the OIC and other policemen at the Dodangoda Police Station for allegedly torturing and assaulting the victim. The torture and assault on him has caused physical injuries and seriously impeded his ability to continue his work to support his family.
The AHRC also strongly objects to this utterly unacceptable and illegal practice by the police. Firstly, they illegally arrested the victim and subsequently falsely charge him for possession of illegal liquor which could actually be purchased and carried legally. This is case is yet another police assault where victims are thereafter being induced by their perpetrators for settlement to refrain from making complaints against them. This phenomenon has in fact been regularly brought to our notice by numerous victims of police torture.
SUGGESTED ACTION:
Please write to the relevant authorities listed below urging them to take immediate legal and disciplinary action against the alleged perpetrators, who viciously assaulted the victim, causing him severe injuries and thereby jeopardizing his livelihood. The false charge against him must be withdrawn. Please also urge them to ensure that the victim is afforded medical treatment for his injuries and that he is paid appropriate compensation for the violation of his fundamental rights.
To support this case, please click here: SEND APPEAL LETTER
SAMPLE LETTER
Dear __________,
SRI LANKA: Assault of a 40-year-old labourer by the Dodangoda Police
Name of victim: Kallamulla Waduge Upali (40), a father of three children, a manual labourer by occupation living in 81, Veniwelkatiya, Dodangoda, Kalutara District
Alleged perpetrators: The Officer-in-Charge (OIC) and other policemen at the Dodangoda Police, Kalutara Dist. III, Kalutara division, Sri Lanka
Place of incident: In Thudugal Junction, Dodangoda
Date of incident: 2 August 2007
I am writing to you to express my concern about the alleged assault on K.W. Upali, a 40-year-old manual labourer and a father of three children by the Office-in-Charge (OIC) and others of the Dodangoda Police, Kalutara District. I have learned that he had been allegedly arbitrarily arrested and falsely charged for illegal possession of liquor.
I have received information that on August 2, the Officer in Charge (OIC) and two other policemen from the Dodangoda Police arrested K.W. Upali while he was carrying half a bottle of Arrack. I have learned though that the said liquor could be legally purchased and carried but the police nevertheless illegally arrested him and falsely charged him for carrying supposedly illegal alcohol. When the victim did not satisfy the police in answering their question where he purchased the liquor, the OIC lost his temper and viciously assaulted him to his neck, face and head. They took him to the Dodangoda Police Station where he was later bailed out by his friends.
I am informed that due to continued severe pain in his neck, on August 3 he went to the Nagoda hospital and was admitted to ward 5B for medical treatment. There, the victim complained to a doctor examining him that he had been assaulted by the police. On August 4, the Hospital Police recorded his statement and he was also examined by the Judicial Medical Officer (JMO). The same day, the OIC and three policemen visited him at hospital asking for his forgiveness and urge him not to file charges against them. He was released from hospital on August 6 but was advised to continue to come back to the medical clinic regularly to treat his injured neck.
In exchange of not being charged by the victim, the police allegedly offered to withdraw the fabricated charge for possession of illegal liquor they have filed against him. As I have mentioned earlier, the supposed illegal liquor the police claimed can be purchased and carried legally. On August 5 the police once again went to the hospital to meet him urging him not to file charges against them. The OIC also allegedly forced the victim to sign a paper he knew nothing of its content. He was not given opportunity to read it or explained it to him.
I strongly condemn this illegal practice by the Dodangoda Police. I urge you to have this case thoroughly investigated. The charge against the victim must be withdrawn unconditionally. The OIC and his men allegedly involved in torturing, assaulting and filing fabricated charged against the victim must be held accountable promptly.
Therefore on behalf of the victim, K.W. Upali, I strongly urge to take disciplinary and legal action against the OIC and other policemen at the Dodangoda Police Station. I have learned that the assault on him had already caused him physical injuries and seriously affected his ability to continue doing his work in supporting his family. I also request you to ensure that appropriate medical treatment and compensation are afforded to Mr. Upali for the injuries he had suffered to ensure his full recovery so that he could continue his work to support his family.
I look forward to your prompt action into this matter.
Yours truly,
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PLEASE SEND YOUR LETTER TO:
1. Mr. Victor Perera
Inspector General of Police
New Secretariat
Colombo 1
SRI LANKA
Fax: +94 11 2 440440/327877
E-mail: igp@police.lk
2. Mr. C.R. De Silva
Attorney General
Attorney General’s Department
Colombo 12
SRI LANKA
Fax: +94 11 2 436421
Email: attorney@sri.lanka.net
3. Secretary
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: npcgen@sltnet.lk
4. Secretary
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
5. Secretary
Judicial Service Commission
Superior Court Complex
Colombo 12
SRI LANKA
Tel: +94 11 2323022
Fax: +94 11 2432854
6. Prof. Manfred Nowak
Special Rapporteur on the Question of Torture
Attn: Safir Syed
c/o OHCHR-UNOG
1211 Geneva 10
SWITZERLAND
Tel: +41 22 917 9230
Fax: +41 22 917 9016 (ATTN: SPECIAL RAPPORTEUR TORTURE)
Thank you.
Urgent Appeals Programme
Asian Human Rights Commission (ua@ahrchk.org)
