Dear friends,
The Asian Human Rights Commission (AHRC) has received information that Mr. Jayasinghe Arachchige Dilip Pushpakumara (29) of No: 33, Madama Watte, Ekala, Ja-Ela in the Gampaha District was illegally arrested. He was detained and tortured by police officers attached to the Ja-Ela Police Station on 08th July, 2016. He was produced before the Negombo Magistrate on a fabricated charge of procession of drugs, but was later released on bail. He states that as he did not follow the request of the Officer-in-Charge (OIC) to come to the police station directly. In revenge he was subjected to the actions above. The victim is now seeking justice against these illegal actions by the police. This case illustrates the collapse of the rule of law in Sri Lanka.
CASE NARRATIVE:
The Asian Human Rights Commission (AHRC) has received information about Mr. Jayasinghe Arachchige Dilip Pushpakumara (29) of No: 33, Madama Watte, Ekala, Ja-Ela in the Gampaha District. He is a small fruit seller. Dilip is married and runs his business at Ja-Ela.
On 08th July, 2016, while conducting business, Dilip learned from his friend Sagara that the Officer-in-Charge (OIC) of the Ja-Ela Police Station, Rajapaksha, had requested him to come to the police station. The OIC has not given any reason or shown any document to prove the request. As he was busy with his work, with a large number of customers, he advised his wife to call the police station, a few meters away. She was to ask why the police were looking for him. When the wife called the police station, the officer responded using obscene language, not giving any reason, but urging her to send her husband.
On the same day after work, driving his three-wheeler home, he was stopped by a team of police officers. Dilip knew OIC Rajapaksha, Police Constable (PC) Ruwan and three other PCs. Dilip easily identified them as they we serving in the police station situated next to his business. The officers forcefully brought him to the Ja-Ela Police Station. He was threatened that they will continue to detain and torture him if he opposes arrest. At no time was he given a reason for his arrest.
After he was brought to the police station, he was body-searched by an officer. They asked him to open his mouth to examine it. Nothing suspicious was detected. Dilip was in fear of his life. He pleaded with the officers to release him as he had done nothing wrong.
OIC Rajapaksha assaulted Dilip several times, using his fist to strike his back and cheek. He accused him, before coming to the police station, of telephoning to inquire the reason why he was summoned. Dilip explained that he was busy, so sought clarification beforehand. The OIC threatened him. He would be produced before the Magistrate either on the charge of posessing drugs or a hand grenade.
Furthermore he would be charged under Section 54 of the Poisons, Opium, and Dangerous Drugs Ordinance for which there is no bail.
Several hours later his wife arrived at the police station. Officers shouted obscenities at her. She saw that Dilip was in a detention cell and had been tortured. The OIC told her that she can go anywhere, make any complaint to any authority against them. They are not afraid of her inquiries. He threatened their lives and said it was better if they left the country.
Later, Dilip was produced before the Negombo Magistrate, where he was accused of possessing 520mg of drugs. He was remanded and released on 24th of August 2016.
Dilip states that, neither at the time of his arrest or after his arrest, did the police detect any drugs in his possession. He completely refuted the charges filed by the police that he had drugs on him or in any place belonging to him.
Dilip states that as he had not followed the request of the OIC to come to the police station directly, the OIC became annoyed. In revenge he arrested, detained, tortured and produced him before the magistrate on trumped-up charges.
Dilip further states that his fundamental rights were violated by the OIC, officer Ruwan, and another three policemen.
Since he was released from prison he is in fear of his life. He complains of continued sleep disturbances. Frequently he wakes up from a deep sleep-shouting. He is suffering from the effcts of a nervous breakdown. He has changed his home address and is presently in hiding anticipating further persecution from the police. His main concern is the well-being of his family members. He faces possible future prosecutions on higher charges and remand.
He seeks redress and justice.
Photograph of Mr. Jayasinghe Arachchige Dilip Pushpakumara
SUGGESTED ACTION:
Please write to the authorities listed below expressing your concern about this case. Request an immediate investigation into the allegations of illegal arrest, detention, torture and fabricated charges by the police, and the prosecution of those proven to be responsible under the law. Any officer involved must be subject to an internal investigation for breach of orders promulgated by the Police Department.
