Dear friends,
The Asian Human Rights Commission (AHRC) has been informed that a police sergeant was tortured and subsequently arrested by policemen attached to the Wadduwa police station. The victim’s motorbike and mobile phone were also confiscated. The victim sustained considerable injuries and was admitted to the Panadura hospital where the doctor chained him to a bedpost for the whole night causing him severe inconvenience and pain. Although complaints have been made to the hospital police and the Panadura Magistrate against the alleged perpetrators for their torturing of the victim, so far no investigation has taken place.
Meanwhile, the victim was charged by the police and appeared before the Panadura Magistrates. He is currently out on bail but continues to remain in hospital to receive treatment for his injuries.
The AHRC is calling upon you to write letters to the relevant authorities in Sri Lanka, in particular the Inspector General of Police and the National Police Commission, urging them to take immediate disciplinary and legal action against the errant policemen of the Wadduwa police station. Furthermore, a request needs to be made to the Wadduwa police station for the prompt return of the victim’s motorbike and mobile phone.
Urgent Appeals Programme
Asian Human Rights Commission
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DETAILED INFORMATION:
Name of victim: Krishantha K. Wijemanne, a police sergeant attached to the Ministerial Security Division – special unit providing security to VIPs – Nanduwa, Morontuduwa
Name of accused: Policemen attached to the Wadduwa police station
On 30 October 2005, at around 4.00pm, Krishantha Wijemanne was at his parent’s house when a person dressed in civilian clothes barged into the house. The man grabbed Krishantha by the neck and accused him of gambling. The man then proceeded to drag the victim to the compound and assault him. Meanwhile, another man took away the victim’s motorbike (registration number HY1733) and his Nokia mobile phone. Although the victim announced that he was a policeman, the men ignored this and began to drag him to a police jeep, all the while hitting him. It was only then that the victim realised that the assailants were from the police. The victim denied the accusations of gambling, stating that he was under the influence of alcohol and thus not in a fit state to gamble. The alleged perpetrators did not accept this reason and forced him into the jeep. The victim was then driven to the Wadduwa police station where throughout the journey, he claims, the police continued to beat him.
At the police station, the victim was locked up until evening when he was escorted to the Panadura hospital and presented to a doctor. He told the doctor he had been tortured by the police. The doctor examined him but no action was taken. Thereafter, the police took the victim to the Panadura South police station and locked him in a holding cell. Due to the torture, the victim says that he was in severe pain and his right eye was swollen and red. A little while later, the victim was again escorted to the Panadura hospital where, once again, he was examined by a doctor. He was then taken to Ward No. 1 where his right hand was twisted above his head and chained to the bedpost. He was forced to be in this position of pain and inconvenience until the next morning.
On October 31, the Panadura Magistrate visited the victim. He informed them that he was severely assaulted by the police, however even though the Magistrates had taken his statement down, they did not take any action upon the complaint and even left him to remain in his chained position. The victim was remanded and the hospital police recorded his statement. At the Panadura Magistrates court, the victim’s uncle, G.R. Perera, signed the bail bond on his behalf and the victim was released. He has been hospitalised from the period of October 31 to November 7.
SUGGESTED ACTION:
Please send a letter immediately to the Inspector General of Police and the persons below expressing your concern about the arbitrary assault and arrest of a police sergeant urging the relevant authorities to take prompt action in investigating the conduct of the police and to ensure that justice is attained for the victim.
To support this case, please click here: SEND APPEAL LETTER
SAMPLE LETTER
Dear Mr Fernando,
RE: Police sergeant is assaulted by policemen attached to the Wadduwa police station
Name of victim: Krishantha K. Wijemanne, a police sergeant attached to the Ministerial Security Division - special unit providing security to VIPs - Nanduwa, Morontuduwa.
Name of accused: Policemen attached to the Wadduwa police station.
I have just learnt of a very distressing incident where a police sergeant was brutally assaulted and arbitrarily arrested by policemen from the Wadduwa police station.
According to the information I have received, on 30 October 2005 Krishantha Wijemanne was at his parent's house when a police officer dressed in civilian clothes barged in and began to assault him. The police officer accused Krishatha of gambling and proceeded to drag him to a police jeep. It was at this point that the victim realized his assailants were from the police. Another officer took the victim's motorbike, registration number HY1733 and his Nokia mobile phone. The victim protested that he was a police officer and that he was so drunk he could not possibly have gambled. But the alleged perpetrators ignored this and began assaulting him and forced him into the police jeep. On the journey to Wadduwa police station, the victim alleged he was yet again beaten by the Wadduwa police officers.
At the police station, the victim, suffering from injuries that were the result of the brutal assault was escorted to the Panadura hospital where a doctor examined him. Nothing was done and the victim was taken back to the police station and locked in a holding cell. By this time, the injuries were unbearable and his eye became red and swollen and so the victim was taken back to the hospital where he was checked once again and detained in an hospital ward for the whole night. Unfortunately, the doctor had the victim's hand twisted and chained above his head. This was an extremely inconvenient and painful position.
The victim has made a complaint to the Panadura Magistrates and the hospital police regarding his treatment. However, so far no action has been taken by any relevant authorities. Meanwhile, the victim was charged by the police and appeared before the Panadura Magistrates. He is currently out on bail but continues to remain in hospital to receive treatment for his injuries.
Accordingly, I urge you to conduct an investigation into this apparently unprovoked arrest and assault and in particular, I ask you to ensure that immediate disciplinary and legal action against the errant policemen attached to the Wadduwa police station is taken. What is more, the return of the victim's motorbike and mobile phone, which the police illegally confiscated, is required. Although copies of the complaint made to the magistrates and hospital police have already been sent to the relevant authorities, I ask that you make sure that this case is pursued and not merely dismissed. Justice needs to be attained.
I look forward to your intervention in this matter,
Yours sincerely
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PLEASE SEND A LETTER TO:
Mr. Chandra Fernando
Inspector General of Police (IGP)
New Secretariat
Colombo 1
SRI LANKA
Fax: +94 11 2 440440/327877
PLEASE SEND COPIES TO:
1. Mr. K. C. Kamalasabesan
Attorney General
Attorney General's Department
Colombo 12
SRI LANKA
Fax: +94 11 2 436 421
2. Mr. Ranjith Abeysuriya
Chairperson
National Police Commission
3rd Floor, Rotunda Towers,
109 Galle Road
Colombo 03
SRI LANKA
Tel: +94 11 2 395310
Fax: +94 11 2 395867
Fax Home: +94 11 2 674148
E-mail: polcom@sltnet.lk
3. Dr. Radhika Coomaraswamy
Chairperson Human Rights Commission of Sri Lanka
No. 36, Kynsey Road
Colombo 8
SRI LANKA
Tel: +94 11 2 694925 / 673806
Fax: +94 11 2 694924 / 696470
E-mail: sechrc@sltnet.lk
4. Mr. J Thangawelu
DIG Legal
Police Headquarters
Colombo 1
SRI LANKA
Fax: 94 11 2381 394
Email: legaldiv@police.lk
5. Mr. Mahinda Rajapakse
Prime Minister
Cambridge Place
Colombo 7
SRI LANKA
Fax: +94 11 2 682905 / 575454
E-mail: secpm@sltnet.lk or bradmanw@slt.lk
6. Prof. Manfred Nowak
Special Rapporteur on the Question of Torture
Attn: Mr. Safir Syed
C/o OHCHR-UNOG
1211 Geneva 10
SWITZERLAND
Tel: +41 22 917 9230
Fax: +41 22 917 9016 (general)
E-mail: ssyed@ohchr.org
7. Ms Manuela Carmema Castrillo
Chairperson
Working Group on Arbitrary Detention
c/o OHCHR-UNOG
1211 Geneva 10
SWITZERLAND
Fax: +41 22 917 9006 (ATTENTION: Working Group on Arbitrary Detention)
Email: urgent-action@ohchr.org (Attention: Working Group on Arbitrary Detention)
Thank you.
Urgent Appeals Programme
Asian Human Rights Commission (AHRC)
