SRI LANKA: An innocent man is severely assaulted without explanation by the Gampola Police 

Dear friends,

The Asian Human Rights Commission (AHRC) has received information that Mr. Jayasinghe, an agricultural labourer, was visited by police officers at his residence and assaulted without cause. His right leg was broken and he requires surgery so that he will be able to walk once again. The police officers did not show him an arrest warrant, nor did they give Mr. Jayasinghe and his family members any explanation of the assault, despite numerous requests. Although Mr. Jayasinghe’s family have filed complaints regarding this incident to the National Human Rights Commission and the Deputy Inspector General’s office, an investigation into this assault has yet to be initiated. This case is yet another illustration of the exceptional collapse of the rule of law in the country.

CASE NARRATIVE:

According to information that the Asian Human Rights Commission (AHRC) has received, Mr. JA Susantha Kumara Jayasinghe of No: 33, Pambadeniya, Panvilathenna, Gampola in Kandy District, an agricultural labourer, was assaulted by police officers from the Gampola Police Station without an established reason.

On 28 May 2012 at around 10:30am, three police officers from the Gampola Police Station dressed in civilian clothes came to Mr. Jayasinghe’s residence. Without showing Mr. Jayasinghe a legal warrant or otherwise explaining why they were there, the police officers began to assault Mr. Jayasinghe. His right leg was broken during the assault.

Mr. Jayasinghe’s sister witnessed part of the assault, and pleaded with the officers to tell her why they were assaulting her brother, and to release him. The police officers refused her requests. The police officers did not bring Mr. Jayasinghe to the local police station to file a case against him, and Mr. Jayasinghe and his family remains unaware of the reason for his assault. Mr. Jayasinghe’s mother and sister brought Mr. Jayasinghe to Gampola Government Hospital, where he was admitted for treatment. He was later transferred to Kandy Teaching Hospital for surgery on his right leg (Please see photo-1 and photo-2 regarding the injury in the leg of the victim).

Mr. Jayasinghe’s family have filed a complaint to the Sri Lanka Human Rights Commission (HRCSL), National Police Commission (NPC) and the Deputy Inspector General’s office in Kandy (DIG, Central Province). However, these authorities have yet to launch a credible and impartial investigation into the cause of his assault, and they have failed to offer Mr. Jayasinghe rehabilitation for his extensive injuries.
Mr. Jayasinghe and his family are seeking justice; they demand that Mr. Jayasinghe’s rights enshrined in the Constitution of Sri Lanka be immediately upheld.

ADDITIONAL COMMENTS:

The Asian Human Rights Commission has reported innumerable cases of the torture of innocent people by the Sri Lankan police. These acts, which have taken place at different police stations across the country, are illegal under local and international law.

The State of Sri Lanka signed and ratified the CAT on 3 January 1994. Following state obligations, the Parliament of Sri Lanka adopted Act No. 22 of 1994, which made torture a crime that is punishable for a minimum seven years and not less than ten years on being proven guilty. The Attorney General of Sri Lanka is suppose to file indictments in cases where credible evidence is found of people being tortured by state officers.

SUGGESTED ACTION:
Please send a letter to the authorities listed below expressing your concern about this case and requesting an immediate investigation into the allegations of torturing an old person and stealing the money by the police perpetrators, and the prosecution of 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.

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