SRI LANKA: Innocent man illegally arrested, detained, tortured and produced before the Courts on fabricated charges

Dear Friends,

Asian Human Rights Commission has received information regarding Mr. Wasala Munidewage Ruwan Dharshana Premarathne (35) of No: 48/4, Opalgala watte, Pussella, Gammaduwa in the Matale District. He was illegally arrested, detained, tortured and produced before the Courts by Police Officers attached to the Paliyagoda Police Station. There was no evidence to show any involvement in committing a crime. Ruwan picked up an abandoned mobile phone and brought it home. Following the technical verification of the mobile phone, the Police arrested and later tortured him. Finally, he was accused of being involved in a murder and produced before the Court under fabricated charges. The victim stated that the Police acted arbitrarily and violated the Law. But the law- enforcement agencies, especially the Police, blatantly filed a criminal case against him. This action put the lives of him and his family members in jeopardy. THE VICTIM SEEKS JUSTICE.

Case Narrative:

Ruwan from No: 48/4, Opalgala watte, Pussella, Gammaduwa was married to Bala Subramanium Premila for one and half years when they were expecting their first child in 2017. Ruwan was working at a restaurant in Gampaha as a waiter.

On 20 May 2017, Ruwan came home from Gampaha to make preparations for a party they were hosting. He brought home with him a mobile phone that he had found on a bus. He gave it to his wife (Premila). They had not used the phone except to take photos during the party.

On 30 May, after the celebrations were over, Ruwan was getting ready to go back to Gampaha the next day. Around 6:00 pm, Ruwan and his wife were doing their laundry. His is mother-in law (Ramaiya R. Parameshwari) saw eight men surrounding their house in a suspicious manner. They came in and asked for Ruwan without providing any identification. Parameshwari did not like the way these men forced themselves into the house. So, she took her mobile phone out to call the Police. One of the men grabbed her phone and all other phones in the house.

Premila was just stepping out from the shower, when two men forced themselves into the laundry room. Ruwan was still in the laundry room when the two men closed the door behind them. Ruwan was taken out of the laundry room wearing only a towel. He was threatened that he would be shot below the knee if he did not submit to them.
As his family watched, Ruwan was taken to his room and forcefully dressed with sarong and T-shirt. He was then dragged to the living area and threatened with death. The men packed a bag full of Ruwan’s belongings, carrying it with them. One of the men grabbed Ruwan’s penis and kicked him in the crotch, causing him to limp. He involuntarily urinated into his clothes from the pain.

While forcing Ruwan out of his house, one of the men told Parameshwari that if they paid 50,000 Rupees to the Police, they would leave Ruwan at home. She said that they did not have that much money. Then pointing to a fake gold necklace, the man said you can pawn it. To check if it was real gold, he scratched the necklace against the wall.

Ruwan was taken from his house in handcuffs. Without their phones, Parameshwari could not inform the Police of this outrageous travesty of justice. Refusing to give up, Parameshwari kept following them until one of the men, brandishing a stone, threatened to hit her with it. At this point, they have revealed that they were from the Peliyagoda Police Station. They asked Parameshwari to come to the Police Station the next day if she wished to know more about her son-in-law’s situation.

Devastated, Parameshwari and her five-months pregnant daughter Premila had not enough money at that time. They borrowed some money from the store nearby and set off for the Gammaduwa Police Station. They were told that Ruwan had been arrested for theft of a mobile phone and that they should go to the Peliyagoda Police Station if they wished to know more.

The next morning, 1 June 2017, Parameshwari and her daughter Premila set out for the Peliyagoda Police Station. Feeling alone in an unknown place for the first time, it took them the better part of the day to find the police station. By the time they reached the place, they could not see Ruwan. They went back to the Peliyagoda Police Station on 2 June 2017 and finally got the chance to meet with Ruwan. He was being held in police custody accused of homosexual relations with a rich elderly man whom he murdered. What Premila heard was too much for a five-month pregnant woman. She was deeply upset and kept questioning how this was possible.

Refusing to admit to any of this, Parameshwari and Premila went to see Ruwan. His is face was grossly swollen. His behavior was not normal. He was evidently trying to protect what he was saying from the police. Seeing obvious signs that her son-in-law had been tortured, Parameshwari asked the police if they had assaulted him. They cheekily said “no”. They would not have to torture him either, if he would just admit to what he had done. While they spoke, a police officer was standing right next to them listening to everything that was said.

Parameshwari visited Ruwan every chance she got. One day Ruwan managed to slip her a note saying he was being tortured by the police. And he wanted to tell her a lot more about what was happening.

On the same day, Parameshwari somehow managed to get a couple of minutes alone with her son-in-law and finally asked him to tell the truth about what was happening to him. Then Ruwan told her that not only was he being framed for murder but that the police were actually building up false evidence against him. He told Parameshwari that one night he was taken to a lonely forest and asked to pick up a knife from the ground. They then took his finger prints and brought him to an abandoned house in a lonely area. The man who was supposed to have lived in this house was forced to sign some documents. He had been tortured several times before he signed the documents.

On 3 June 2017, Ruwan was finally produced before the Minuwangoda Magistrate’s Court after being held in police custody for 4 days and was returned to the Negambo Remand Prison.

Tortured on fabricated charges, robbed of his dignity, unable to see the face of his first born son, and the imminent verge of a mental collapse of his wife, Ruwan REMAINS in the Remand Prison.

Ruwan states that he was illegally arrested, detained and produced before the Courts on fabricated charges by the Police. He states that police officers have violated his fundamental rights guaranteed to him by the Constitution. HE SEEKS JUICE.

Suggested Action:

Please send letters to the Authorities listed below expressing your concern about this case. Request an immediate investigation into the allegations of illegal arrest, detention and the filing of fabricated charges by the Police. Those proven to be responsible under the criminal law of the country for misusing the powers of the state must be prosecuted. The officers involved should be subjected to internal investigations for breach of Police Departmental Orders. Also, kindly request the National Police Commission (NPC) and the Inspector General of Police (IGP) to convene a special investigation into the malpractices of Police Officers who abuse their powers.

To support this case, please click here: SEND APPEAL LETTER