UPDATE (Sri Lanka): Lalith Rajapakse freed; Action needs to be taken against the police who falsely charged him

Dear friends,

The Asian Human Rights Commission (AHRC) has received information that torture victim Lalith Rajapakse was acquitted by the Magistrate of Wattala regarding charges of obstruction of police duty on 21 February 2005. He had been acquitted of other two charges of robbery on 29 September 2003 as there was not the slightest bit of evidence to support either one. All three false charges had been filed by the Kandana police to cover up their torture of Lalith, the severity of which led to his being in a coma for two weeks in April 2002.

Due to these false cases, an innocent young man who had committed no crime was dragged through the legal process from mid 2002 to February 2005.  During this time, he was constantly under the threat of the police officers and had to flee his home and to live in hiding, which he is doing even as of now.

Please send a letter to the Government of Sri Lanka demanding that the appropriate action is taken against the three police officers, Sub-Inspector Peiris, Police Constable Wijeratne and the then Officer-in-Charge of the Kandana Police Station Nalin Atthanayaka, for filing false charges against Lalith.

Urgent Appeals Desk
Asian Human Rights Commission (AHRC)
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UPDATED INFORMATION:

19-year-old Lalith Rajapakse was arrested by two police officers, Sub-Inspector Peiris and Police Constable Wijeratne from the Kandana Police Station in April 2002.  He was severely assaulted and slipped into a coma while at the Kandana Police Station.  After his family’s intervention he was taken to Ragama Hospital from where he was transferred to the Central Hospital in Colombo.  He was in a coma for over two weeks.  Meanwhile, the Kandana police, on the instructions of the Officer-in-Charge of the Station at the time, Nalin Atthanayaka, filed three cases against him.  Two cases were of robbery and the other was of obstruction of duty of two police officers while they made an attempt to arrest him. The police produced a large knife in court, and stated that Lalith had this knife in his hand while trying to assault the officers.

The police tried to drag out these cases. However, due to the constant intervention by lawyers who appeared for Lalith and supported by the AHRC, the two cases of robbery were taken up and in both cases the complainants of the crime categorically stated they had made no complaint against Lalith at any time and did not suspect him of this or any other crime. The magistrate thereby acquitted Lalith of both charges of robbery on 29 September 2003 as there was not the slightest bit of evidence to support any charge. (See further: UP-39-2003)

However, in the case of the alleged attempt to obstruct the police officers, the case dragged on until 21 February 2005, which the police making various requests for postponements. In fact, this case was filed merely as an excuse for the serious injuries inflicted upon Lalith. In September 2004, after several earlier warnings to the prosecution, the magistrate told them to be ready for the case in February 2005. Yet even on February 21 the prosecution was not ready and the lawyer appearing for Lalith moved for his discharge. In his submission he stated that the prosecution was merely trying to drag this case out in order to harass the accused (Lalith) and that there was no possibility of a conviction in this case as the provisions of the criminal procedure code had not been observed: no statement regarding the charge was recorded from the accused and the case had not been filed in good faith in that it was fabricated to justify the behaviour of the police. Finally, the Magistrate of Wattala, after recording its reasons, discharged Lalith on February 21.  The reference numbers of the cases of which Lalith has been acquitted are 92619 (charges of obstructing); 81959 and 81957 (two charges of robbery, acquitted on 29 September 2003).

The AHRC is deeply concerned by the police fabrication of charges against an innocent man. The three police officers, Sub-Inspector Peiris, Police Constable Wijeratne and the Officer-in-Charge of the Kandana Police Station at the time, Nalin Atthanayaka must be prosecuted and punished for filing false charges against Lalith, as proven in court. Due to these false cases, an innocent young man who had committed no crime was dragged through the legal process from mid 2002 to February 2005.  He had to attend court regularly and was constantly under threat.  He had to even flee his home and live in hiding, which he is doing even now.

There are many such fabricated cases filed against innocent persons throughout Sri Lanka, and due to poverty and fear these persons often succumb and even plead guilty to charges they have never committed. In this instance, it was primarily due to the help of a human rights organisation that Lalith was saved from such a fate. When young people are forced to plead guilty to offenses or are unable to afford decent lawyers and are subsequently convicted of fictitious charges, their entire lives are ruined. In many cases that the police are unable to solve, they produce persons accused in other cases as suspects. And having once been found guilty, these persons are then easily convicted of many other offenses of which they are innocent.

The filing and fabrication of charges is an offense under the Penal Code of Sri Lanka.  There are a few cases where criminal charges have been filed on this basis including a recent case against a senior police officer who allegedly falsely charged some army officers. The Asian Human Rights Commission requests the Attorney General and the Inspector General of Police to charge the three police officers responsible for filing false charges against Lalith under the same legal provisions. We also urge the government to pay compensation to the victim for charges that were both false and malicious.

SUGGESTED ACTON:

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