SRI LANKA: Torture of a man by the Wattegama police 

Dear friends,

The Asian Human Rights Commission (AHRC) has been informed of the illegal arrest and torture of Vidana Arachchige Norman Krishantha Jayawardana (43), the assistant regional manager of Matale and Polonnaruwa Districts of Sri Lanka Cashew Corporation, by the Wattegama police on 4 March 2005.

The alleged reason for his arrest is due to a slight collision between a Trooper and the bike of the Officer in Charge (OIC) of Administration of Wattegama police. The officers, who were heavily pressured by the said OIC to find a Trooper driver, arrested an innocent victim randomly, whose vehicle was not even a Trooper, and took him to the police station.  The said OIC then brutally assaulted Mr. Jayawardana without any inquiry or questioning. The victim was severely injured and fainted at the time. However, no appropriate medical attention was given to him. He was released the next day. He is still not aware of any charges laid against him by the police. Meanwhile, no serious action has been taken against the responsible OIC.

In many cases, it is shown that the Sri Lankan police abuse their power for their own personal reasons. Also it is very common that they look for substitute suspects to be victimised for crimes when they are unable to find the real culprits. Your urgent intervention is required to provide justice to the victim in this case.

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

Name of the victim: Vidana Arachchige Norman Krishantha Jayawardana, 43 years old, married with two children, the assistant regional manager of Matale and Polonnaruwa Districts of Sri Lanka Cashew Corporation
Address of the victim: Arangala, Naththaranpotha, Kandy, Sri Lanka
The alleged perpetrator: Mr. Samarakoon, officer in charge [Administration] of the Wattegama Police Station
Period if illegal detention and torture: 4-5 March 2005
Place of incident: Wattegama Police Station

Case details:

Vidana Arachchige Norman Krishantha Jayawardana (here in after Mr. Jayawardana), the assistant regional manager of Matale and Polonnaruwa Districts of Sri Lanka Cashew Corporation, was illegally arrested by the Wattegama police on 4 March 2005 and brutally tortured by Mr. Samarakoon, the Officer in Charge (OIC) of Administration of the Wattegama Police Station.

According to Mr. Jayawardana, on 4 March 2005, at around 6:45pm he left his office at Naula. Matale, and headed back home to Arangala, Naththarampotha, Kandy. When he reached the Alkaduwa Junction at round 8:30pm, his car (vehicle no. 32-4991) was stopped by three Wattegama police officers, including Sergeant 32775 and Police Constable 5967. When he asked the officers why they stopped him, they said that the bike of their OIC of Administration had had a slight collision with a blue colored Trooper and they were ordered to search for that car. The officers checked his car with flash lights but did not find anything suspicious. Mr. Jayawardana told them that his vehicle was a Mitsubishi Pajero, not a Trooper and they admitted it.

The officers then asked Mr. Jayawardana to go to the Wattegama Police Station with them. Even though he told them that he wished to go home without any further delay, since he only went home once a week and that he would come for any further inquiry later if they requested, the officers still insisted that he go with them. Mr. Jayawardana was sure of his innocence and he followed the police jeep in his own vehicle.

The OIC of Administration, Mr. Samarakoon, arrived in the police station after about 20 minutes. He immediately started to brutally assault Mr. Jayawardana with his hands on the victim’s head without any inquiry. Mr. Jayawardana felt his sight blurring and fainted. After regaining conciseness, the victim requested the OIC Samarakoon to discuss what the problem was and to stop beating him. However, the OIC repeatedly assaulted the victim’s abdomen with his right knee and abused him verbally. The OIC then ordered a senior officer to smell the victim’s mouth and talked with someone on the phone and said, “This guy is not drunk.” The police wrote something in a book and put him in the lock-up. The police did not provide necessary medical treatment to him.

The next morning (March 5), the OIC of the Wattegama Police Station arrived and inquired who the person in the lock-up was. Mr. Jayawardana told the OIC that he was illegally arrested and tortured by the OIC Samarakoon without any reason. The OIC then inquired into the incident through senior officers and allowed the victim to call his family. He also directed one police officer to take him to the office of the Superintendent of Police (SP), Matale. The SP recorded the victim’s statement about the incident and sent him to the officer of the Matale District Medical Officer (DMO). The DMO, who examined the victim, indicated several injuries to his body. Mr. Jayawardana was further questioned by an officer of the Matale police and HQI and was released at 8:00pm.

The victim has not been informed of the reason for his arrest and is unaware of any charges laid against him. After being released, Mr. Jayawardana filed a Fundamental Rights Application before the Supreme Court (Case No: SCFR   97 /2005) regarding this incident. No serious action has yet to be taken against the OIC Samarakoon.

SUGGESTED ACTION:
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