Dear friends,
The Asian Human Rights Commission (AHRC) has received information that Mr. Yahaluge Wimalasiri (50) of Veliharanawa, Oluganthota, Balangoda in the District of Ratnapura complained to the chairman of the Pradesheeya Sabha for making indecent proposals to his wife. Subsequently he was severely beaten by the chairman’s supporters and then by officers of the Balangoda police who falsely charged him with stabbing the chairman. There is no evidence available to support the police charge and the chairman has never shown or complained of any such injury.
It is customary in Sri Lanka for influential persons to use the police to carry out their dirty work and this is yet another example. It also demonstrates the exceptional collapse of the rule of law in the country.
CASE NARRATIVE:
According to the information received by the Asian Human Rights Commission (AHRC) Mr. Yahaluge Wimalasiri (50, in the picture) of Veliharanawa, Oluganthota, Balangoda in the District of Ratnapura is married with two children; a son who is employed in Colombo and a daughter who is studying for her ‘A’ Level exams. His wife is not employed and Wimalasiri is engaged in his own business.
In Sri Lanka in order to get a bank loan it is necessary to have the applicant’s property approved as it is used as collateral for the loan. In this regard Wimalasiri’s wife, Pushpa Ranjani, went to meet the chairman of the Imbulpe Pradesheeya Sabha to get their house plan approved. The chairman Mr. Indu Gunatilake made an indecent suggestion to her to accompany him to a guest house. Furthermore, the chairman made calls to her mobile phone which Wimalasiri was able to record. As a result of this Wimalasiri called the chairman to ask why he was making such indecent suggestions to his wife. Thereafter the chairman threatened to kill him.
On 26 October, 2013; Wimalasiri went to a friend’s house (Leslie) to attend a function. The Pradesheeya Sabha chairman, Indu Gunatilake was also invited to the function. When the chairman saw Wimalasiri at Leslie’s house, he told him that he would meet him after an hour.
Accordingly, after an hour at around 8.30 pm Wimalasiri was called to the road by the chairman and as he was walking supporters of the chairman, Kumara, Chamil and Weerasiri assaulted Wimalasiri with a bottle. They also kicked him and when he fell to the ground, the chairman arrived and joined in the assault.
Wimalasiri was taken by a friend to Leslie’s house for safety and placed in a room. Meanwhile some of the chairman’s supporters assaulted the others who attended the function as well. During this time there was an exchange of words and a physical fight. After about half an hour when things appeared to settle down Wimalasiri was advised by his friend, Karavita, to go home.
Wimalasiri walked in the direction of his home by himself. As he was walking a jeep approached in which the brother of the chairman and few others were travelling. They forced Wimalasiri into the jeep thereby abducting him and further assaulted him. They also took all his belongings including his wallet and mobile phone. He was made to lie down in the jeep and they held him in place with their feet.
Wimalasiri was then taken by this group; which was around eight people, to a house where he was severely beaten. The ankle of his left leg was cut with a sword and the bones of both hands were broken. Following this assault he was taken back to the same jeep and told that he would be killed. They asked him if he wanted to say any final words. However, while he was being taken by this group in the jeep, a police vehicle had come along the same road. Seeing the police vehicle, the assailants threw Wimalasiri out of the jeep. The police officers of the Balangoda Police who were in the vehicle took Wimalasiri, who was lying on the ground, to the Balangoda Police Station. There he was questioned by the police officers, slapped and abused with foul language without any basis. Wimalasiri believes that the police officers were also working in collaboration with the chairman of the Pradesheeya Sabha.
Meanwhile his wife came to the police station and pleaded with the officers to take him to a doctor since he was severely injured, but instead he was put in the police cell from 11.00 pm on 26 October 2013 until 4.00 pm on 27 October: Wimalasiri was then taken in a three-wheeler to the Acting Magistrate and detained in the Balangoda Remand Prison. On the evening of 28 October he was transferred to the Kuruwita Remand Prison where he was admitted to the Remand Prison Hospital. The next day on 29 October Wimalasiri was admitted to the Ratnapura General Hospital and was treated in Ward No.15 for a period of five days. During this period he was visited by a Judicial Medical Officer (JMO). Following this period Wimalasiri was returned to the Prison Hospital.
Wimalasiri was accused by the police of stabbing the chairman of the Pradesheeya Sabha and produced in court on 7 November. Bail was not granted. He was again produced before court on 12 November and bail was again refused. He was finally released on bail when he was presented to court on 26 November, but he was further asked to sign at the police station every Sunday. His case was called in the court on 9 March, 2014 but was postponed again. Wimalasiri states that this charge is false and that he is innocent. He further states that the police filed this charge in order to protect a powerful and influential person.
Wimalasiri states that he was tortured and abused by officers of Balangoda Police. Court Sergeant Waduge (20883) and S. I. Samaraweera were among them. Furthermore he was forced to sign statements when he had no knowledge of the contents.
Wimalasiri made a complaint to the Assistant Superintendent of Police, Balangoda (ASP) office which was registered as 230/24 on 17 November 2013. He requested the officer to conduct an impartial and independent inquiry and bring the culprits before justice.
On the same day several police officers approached Wimalasiri’s house at around 11.30 pm in the evening and searched the house without producing a search warrant. At that time only the wife and the daughter were at home and they were abused in filth. Furthermore, the front door was damaged when it was forced opened.
Several television channels telecast Wimalasiri’s story in their news. Derana TV had taken the real story, but Sirasa TV and Swarnawahini stated that Wimalasiri had stabbed the chairman of the Pradesheeya Sabha. Wimalasiri points out that the chairman never at any time showed any signs of injury and did not seek medical treatment.
Wimalasiri and his family members seek justice and the protection of his rights as enshrined in the Constitution of Sri Lanka.
SUGGESTED ACTION:
Please send a letter to the authorities expressing your concern about this case and requesting an immediate investigation into the allegations of the torture of an innocent man by the police officers who denied him of justice and an independent inquiry. Please request the authorities to prosecute those proven to be responsible under the criminal law of the country for misusing powers of a state. The officers involved must also be subjected to internal investigations for the breach of the department orders as issued by the police department. Further, please also request the NPC and the IGP to have a special investigation into the malpractices of the police officers for abusing the state officers’ powers.
Please note that the AHRC has also written a separate letter to the Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment on this regard.
To support this case, please click here: SEND APPEAL LETTER
SAMPLE LETTER
Dear ________,
SRI LANKA: A man is tortured and laid with false charges by the Balangoda police at the behest of a Pradesheeya Sabha chairman
Name of the victim: Mr. Yahaluge Wimalasiri (50) of Veliharanawa, Oluganthota, Balangoda in the District of Ratnapura
Alleged perpetrators: Police officers attached to the Police Station Balangoda and the Chairman of the Imbulpe Pradesheeya Saba and his supporters
Date of incident: 26 October, 2013
Place of incident: Balangoda Police Division
I am writing to express my serious concern over the case of Mr. Yahaluge Wimalasiri (50) of Veliharanawa, Oluganthota, Balangoda in the District of Ratnapura. Wimalasiri is married with two children; a son who is employed in Colombo and a daughter who is studying for her ‘A’ Level exams. His wife is not employed and Wimalasiri is engaged in his own business.
I am aware that in Sri Lanka in order to get a bank loan it is necessary to have the applicant’s property approved as it is used as collateral for the loan. In this regard Wimalasiri’s wife, Pushpa Ranjani, went to meet the chairman of the Imbulpe Pradesheeya Sabha to get their house plan approved. The chairman Mr. Indu Gunatilake made an indecent suggestion to her to accompany him to a guest house. Furthermore, the chairman made calls to her mobile phone which Wimalasiri was able to record. As a result of this Wimalasiri called the chairman to ask why he was making such indecent suggestions to his wife. Thereafter the chairman threatened to kill him.
On 26 October, 2013; Wimalasiri went to a friend’s house (Leslie) to attend a function. The Pradesheeya Sabha chairman, Indu Gunatilake was also invited to the function. When the chairman saw Wimalasiri at Leslie’s house, he told him that he would meet him after an hour.
Accordingly, after an hour at around 8.30 pm Wimalasiri was called to the road by the chairman and as he was walking supporters of the chairman, Kumara, Chamil and Weerasiri assaulted Wimalasiri with a bottle. They also kicked him and when he fell to the ground, the chairman arrived and joined in the assault.
Wimalasiri was taken by a friend to Leslie’s house for safety and placed in a room. Meanwhile some of the chairman’s supporters assaulted the others who attended the function as well. During this time there was an exchange of words and a physical fight. After about half an hour when things appeared to settle down Wimalasiri was advised by his friend, Karavita, to go home.
Wimalasiri walked in the direction of his home by himself. As he was walking a jeep approached in which the brother of the chairman and few others were travelling. They forced Wimalasiri into the jeep thereby abducting him and further assaulted him. They also took all his belongings including his wallet and mobile phone. He was made to lie down in the jeep and they held him in place with their feet.
Wimalasiri was then taken by this group; which was around eight people, to a house where he was severely beaten. The ankle of his left leg was cut with a sword and the bones of both hands were broken. Following this assault he was taken back to the same jeep and told that he would be killed. They asked him if he wanted to say any final words. However, while he was being taken by this group in the jeep, a police vehicle had come along the same road. Seeing the police vehicle, the assailants threw Wimalasiri out of the jeep. The police officers of the Balangoda Police who were in the vehicle took Wimalasiri, who was lying on the ground, to the Balangoda Police Station. There he was questioned by the police officers, slapped and abused with foul language without any basis. Wimalasiri believes that the police officers were also working in collaboration with the chairman of the Pradesheeya Sabha.
Meanwhile his wife came to the police station and pleaded with the officers to take him to a doctor since he was severely injured, but instead he was put in the police cell from 11.00 pm on 26 October 2013 until 4.00 pm on 27 October: Wimalasiri was then taken in a three-wheeler to the Acting Magistrate and detained in the Balangoda Remand Prison. On the evening of 28 October he was transferred to the Kuruwita Remand Prison where he was admitted to the Remand Prison Hospital. The next day on 29 October Wimalasiri was admitted to the Ratnapura General Hospital and was treated in Ward No.15 for a period of five days. During this period he was visited by a Judicial Medical Officer (JMO). Following this period Wimalasiri was returned to the Prison Hospital.
Wimalasiri was accused by the police of stabbing the chairman of the Pradesheeya Sabha and produced in court on 7 November. Bail was not granted. He was again produced before court on 12 November and bail was again refused. He was finally released on bail when he was presented to court on 26 November, but he was further asked to sign at the police station every Sunday. His case was called in the court on 9 March, 2014 but was postponed again. Wimalasiri states that this charge is false and that he is innocent. He further states that the police filed this charge in order to protect a powerful and influential person.
Wimalasiri states that he was tortured and abused by officers of Balangoda Police. Court Sergeant Waduge (20883) and S. I. Samaraweera were among them. Furthermore he was forced to sign statements when he had no knowledge of the contents.
Wimalasiri made a complaint to the Assistant Superintendent of Police, Balangoda (ASP) office which was registered as 230/24 on 17 November 2013. He requested the officer to conduct an impartial and independent inquiry and bring the culprits before justice.
On the same day several police officers approached Wimalasiri’s house at around 11.30 pm in the evening and searched the house without producing a search warrant. At that time only the wife and the daughter were at home and they were abused in filth. Furthermore, the front door was damaged when it was forced opened.
Several television channels telecast Wimalasiri’s story in their news. Derana TV had taken the real story, but Sirasa TV and Swarnawahini stated that Wimalasiri had stabbed the chairman of the Pradesheeya Sabha. Wimalasiri points out that the chairman never at any time showed any signs of injury and did not seek medical treatment.
Wimalasiri and his family members seek justice and the protection of his rights as enshrined in the Constitution of Sri Lanka.
I therefore request your urgent intervention to ensure that the authorities listed below instigate an immediate investigation into the allegations of torturing and the violating victim’s rights by police and further preventing of getting justice. I further request for the prosecution of the responsible persons under the criminal law of the country for misusing powers of state officers. The officers involved must also be subjected to internal investigations for the breach of the department orders as issued by the department.
Yours sincerely,
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PLEASE SEND YOUR LETTERS TO:
1. Mr. N K Illangakoon
Inspector General of Police
New Secretariat
Colombo 1
SRI LANKA
Fax: +94 11 2 440440 / 327877
E-mail: igp@police.lk
2. Mr. Sarath Palitha Fernando
Attorney General
Attorney General’s Department
Colombo 12
SRI LANKA
Fax: +94 11 2 436421
E-mail: ag@attorneygeneral.gov.lk
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 or polcom@sltnet.lk
4. Secretary
Sri Lanka Human Rights Commission
No: 165 Kynsey Road,
Borella, Colombo 8.
SRI LANKA
Fax: +94 11 2694924
Email: sechrc@sltnet.lk
Thank you.
Urgent Appeals Programme
Asian Human Rights Commission (ua@ahrc.asia)
