Dear friends,
The Asian Human Rights Commission (AHRC) has learned that police officers have arrested the driver of a three-wheel taxi in Wattala and tortured him severely to force a confession. During a routine check his passengers were found to be carrying drugs, but were reportedly released after they paid bribe money. The driver is currently in remand prison charged with the crime and has twice attempted suicide.
CASE DETAILS:
Upul Palitha Mawalag is a three-wheeler taxi driver who plies his trade near the Nayakakanda church, Wattala. The vehicle was stopped for a routine search on 7 May 2009 and, according to the victim, his two passengers were found to be carrying drugs. The three were taken to Bluemendhal Police Station but the passengers were released, allegedly after paying a bribe.
According to the victim Mawalag has since been charged with transporting drugs. Though the officers first claimed that he carried drugs in the back of his vehicle, case B6425 filed in the Maligakanda Magistrate’s court, states that the driver carried drugs in his pocket.
Mawalag reports having been stripped naked, tied to a chair and beaten severely with a stick by officers in a bid to force a confession.
He is currently in remand at Welikada prison where he has allegedly tried to commit suicide twice.
SUGGESTED ACTION:
Please write to the local authorities listed below and demand that an independent inquiry be made into this matter and that the charges be dropped, should they prove to have been fabricated. Please also request that legal and disciplinary action be taken against the officers responsible for torture and for making false charges.
The AHRC has also written a separate letter to the UN Special Rapporteur on the Question of Torture calling for his intervention in this case.
To support this case, please click here: SEND APPEAL LETTER
SAMPLE LETTER
Dear __________,
SRI LANKA: Police torture a taxi driver for the drug crimes of his passengers
Name of victim:
Upul Palitha Mawalage, 41. Married to Anoma Wijesinghe, father of two.
Resident of 253/2 Welagedara, Horampalle, Minuwangoda.
Name of alleged perpetrators:
Officers attached to Bluemendhal Police Station
Date of incident: 7 May 2009
Place of incident: Bluemendhal Police Station, Colombo North Division, Colombo Range.
I am writing to voice my deep concern regarding the arrest, torture and remand of a three-wheeler driver by officers attached to the Bluemendhal Police station on fabricated charges.
According to my information two passengers carried by driver Upul Palitha Mawalage were found to be carrying drugs in a routine check, and the three were taken to Bluemendhal station. However the passengers were allegedly released after the payment of a bribe, and the driver was tortured in a bid to extract a confession.
I am told that Mawalag has since been charged with transporting drugs himself. Case B6425 has been filed in the Maligakanda Magistrate’s court and states that the driver carried drugs in his pocket.
Mawalag reports having been stripped naked, tied to a chair and beaten severely with a stick by officers, in a bid to force a confession. He is currently in remand at Welikada prison where he has allegedly tried to commit suicide twice.
This case is an example of the contemptible lengths that corrupt officers will go to, to profit from Sri Lanka’s so-called system of justice. I’m horrified that the basic checks and balances are not in place to stop this kind of abuse, which I’m told happens regularly in Sri Lanka.
I wish to remind you that torture is prohibited by Sri Lankan law and that the country acceded the UN Convention Against Torture (CAT) in 1994.
I therefore request that Upul Palitha Mawalage be swiftly released and compensated for his torture and time in illegal detention; that he be given necessary medical and psychological treatment; that a legitimate investigation be conducted into the case; and that the officers allegedly guilty of torture, accepting bribes and fabricating charges be brought before the law.
I look forward to hearing you on this matter.
Yours sincerely,
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PLEASE SEND YOUR LETTERS TO:
1.Mr. Jayantha Wickramaratne,
Inspector General of Police (IGP),
New Secretariat, Colombo 1,
Fax: +94 11 2 440440/327877;
E-mail: igp@police.lk
2. Mr. Mohan Peris
Attorney General
Attorney General’s Department
Colombo 12
SRI LANKA
Fax: +94 11 2 436421
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, Human Rights Commission of Sri Lanka,
No 108 Barnes Place
Colombo 07
SRI LANKA
Tel: +94 11 2 694 925 / 673 806
Fax: +94 11 2 694 924 / 696 470
E-mail: sechrc@sltnet.lk
5. Senior Superintendent of Police
Office of the Senior Superintendant of Police
Colombo North Division
SRI LANKA
Fax and tel: +94 11 2432524
Thank you.
Urgent Appeals Programme
Asian Human Rights Commission (ua@ahrchk.org)
