SRI LANKA: Harassed Migrant-worker sentenced to life imprisonment in Saudi Arabia

Dear Friends,

The Asian Human Rights Commission has received information regarding Mr. D M Jayawardena Minipe in the Badulla District. He was a migrant worker who went to Saudi Arabia from Sri Lanka in 2013. On 14 November 2013 he was involved in a traffic accident which resulted in minor damage to the other vehicle. He was convicted, imprisoned for 2 weeks, released and returned to Sri Lanka. But when he returned to Saudi Arabia again to continue his job, he was re- arrested, prosecuted and ordered to pay LKR 2,500,000. The Order further mentioned that if he failed to pay the money he would be sentenced to life imprisonment. At the moment the victim is serving his prison term due to inability to pay the exceptionally huge sum. He was convicted two times for the same crime, did not understand the court proceedings due to the language barriers and lack of legal representation and assistance from the Sri Lankan Embassy. Although the relatives complained to the Sri Lanka Foreign Employment Bureau (SLBFE), its officers have yet to set up an impartial, independent, professional investigation into their complaint. The SLBFE should take all means available to protect Jayawardena’s life, bring him back to Sri Lanka, re-unite him with his family.

CASE DETAILS:

The Asian Human Rights Commission has received information regarding Mr. D M Jayawardena (54) of No: 7/2, 8th Mile Post, Ambagahapellessa, Minipe in the Badulla District. Jayawardena is married to Mrs. B M Mala Priyanthi. They have two children, an older daughter and a son. The son has a vocal disability and cannot talk properly.

Due to continuous economic difficulties and the urgent need of proper treatment for his son’s vocal disability, Jayawardena decided in 2013 to work in Saudi Arabia as a heavy truck driver and left Sri Lanka for his new work. At the beginning, he was happy with his working arrangements.

However, after several months, on 14 November 2013, he was involved in a traffic accident. Another driver hit his truck from the back but the vehicle had minimal damage. Immediately after the incident, the passengers in the other vehicle ruthlessly assaulted Jayawardena. He was lucky to get away with his life. But his leg was broken and treated with the assistance of friends. His employer did not help in any way.

He was produced before the Courts in Saudi Arabia and sentenced to 2 weeks imprisonment and released. He returned to Sri Lanka without any salary. His salary was in arrears for several months. His employer did not assist him in his legal case either.

On 18 February 2014, Jayawardena returned to Sri Lanka and was re-united with his family. His Company called for his service once again. The employer promised to pay all the dues. He again decided to re-join with his former employer and on 15 July 2014, he left Sri Lanka.

After arriving in Saudi Arabia, for a second time he was produced before the Courts by the Authorities. He was charged and after the court proceedings, he was ordered to pay a large sum of money amounting to LKR, 2, 500,000. If he was unable to pay the sum he would be imprisoned for life.

Jayawardena faced the difficulty that he could not pay the money ordered. He is presently in Saudi Arabia and has to stay in prison for the rest of his life. He said that he was already convicted and completed two weeks imprisonment in Saudi Arabia. Now, he has been convicted for the same crime and given a much higher punishment relative to an alleged incident causing only minor damages.

According to Jayawardana he was not represented by a lawyer or any Sri Lankan Embassy Official at the Courts. Throughout both Court proceedings, he was unaware of what was happening. This was due to his insufficient Arabic and English language proficiency.

He states that many of his fundamental rights were denied by the Saudi Arabian Authorities. At present he is suffering enormous pain. He was diagnosed with hypertension and chronic renal failure. Proper treatment was not provided for these illnesses.

Meanwhile, the wife, Ms. Priyanthi and several other relatives, made an official complaint with the Sri Lanka Foreign Employment Bureau. Their complaint was recorded. Still no positive action has been taken regarding the case. Priyanthi was of the opinion that the Employment Agency violated his rights. 
HE HAS NOW BEEN INCARCERATED FOR ABOUT ONE YEAR.

Jayawardena and his family members are demanding an independent, efficient investigation into their complaint. Jayawardena’s life must be protected. He must be returned to Sri Lanka and to his family.

Suggested Action:

Please send letters to the Authorities listed below expressing your concern about this case. Request an immediate inquiry into allegations of non-investigation of a complaint by SLBFE Officers. All Officers involved must be examined by an internal investigation for Criminal Negligence and breach of the Duty of Care. Please appeal to the SLBFE to set up a special investigation into this migrant worker’s case.

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