SRI LANKA: An Innocent man illegally arrested, tortured and charged with fabricated case by Sigiriya Police

Dear friends, 

The Asian Human Rights Commission (AHRC) has received information that Mr. Wasantha Abeysinghe (43) of Air Force Road, Kimbissa in the Matale District was illegally arrested and severely tortured by police officers attached to the Sigiriya Police Station on 12 July 2011. Wasantha was an ordinary peasant engaged in agriculture farming and Chena cultivations. After his arrest he was severely tortured and later produced before the Magistrate of Dambulla and remanded. He was falsely charged with attempted murder charge which is a non-bailable offense. This prevents the court from granting bails making it easier for the police to cover up the torture. Wasantha is being detained him Remand Prison of Rajaveediya. This case is yet another illustration of the exceptional collapse of the rule of law in the country. 

CASE NARRATIVE: 

According to the information that the Asian Human Rights Commission (AHRC) received Mr. Wasantha Abeysinghe (43) of Air Force Road, Kimbissa in the Matale District is a farmer by profession and married to Ms. Niluka Sanjeewani. Wasantha is a father of two children, an eleven year daughter and a two and half year old son. 

On the 12 July 2011 Wasantha exchanged some words with a villager in same village in public. Wasantha did not agree with the things what he was told by the other party and he wanted to leave the place as he noted that the fellow was under the influence of liquor. At one point the other party tried to assault him but Wasantha was lucky enough to escape the incident and went home. 

However, that night a group of police officers attached to the Sigiriya Police Station coming to his home. They arrested Wasantha without informing him of the reason for the arrest. Then Wasantha was brought to the Sigiriya Police Station. 

At the police station Wasantha was stripped naked, severely beaten, slapped, kicked and was severely tortured by the same officers that arrested him. 

He was then produced before the Magistrate’s Court of Dambulla and remanded at the Raja Veediya Remand Prison. Wasantha was able to inform his wife Niluka about the torture that he underwent at the hands of the officers at the Sigiriya Police Station and complained of body pain. Wasantha further informed that he had still not been given any medical treatment. 

Wasantha later learned that police officers have falsely accused him with the charge of attempt murder which is non-bailable offense at the Magistrate’s Court. Wasantha states that police officers filed such a serious fabricated charge against him to delay him getting out of remand prison as he was in severe condition after being subjected to serious torture. 

Wasantha’s village Kimbissa, is famous for Chena Cultivations. Wasantha is also engaged in Chena Cultivation. The peasant farmers have to use guns issued by the government authorities to protect their crops from wild animals, especially from the wild elephants. 

Later Wasantha learned that police officers are now trying to file another fabricated case against him on possession of an unauthorized gun and prevent him getting release from the remand prison. The illegal possession of a gun is also a non-bailable offence under the criminal law of the country. 

He further leaned that the number of the fabricated case filed by the police officers in the Magistrate’s Court Dambulla is number of B/699/2011. Considering his medical condition the relatives tried to get Wasantha released on bail but it was refused by the Magistrate. Later his relatives filed an appeal application for the bail in the High Court of Kandy with the number of HC/217/2011 which is still pending. 

Wasatha believes that police officers arrested him to fulfill the whims and fancies of an influential private party. 

Wasantha categorically denies the false charges filed against him by the police officers. He further states that police officers illegally arrested him; arbitrarily detained him and severely tortured him while in the custody of Sigiriya Police Station. He further states that due to the illegal actions of the police officers he remains in continuous detention in the Remand Prison of Rajaveediya. 

ADDITIONAL COMMENTS: 

The Asian Human Rights Commission has reported innumerable cases of torturing innocent by the Sri Lankan police which are illegal under international and local law which have taken place at different Police Station in the country over the past few years. 

The State of Sri Lanka sign and ratified the CAT on 3 January 1994. Following state obligations Sri Lanka adopted Act number 22 of 1994 the law adopted by the Sri Lankan parliament making torture a crime that can be punishable for 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 the case where credible evidence were found on torturing people 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 illegal arrest, illegal detention, torturing 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. 

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