Dear friends,
The Asian Human Rights Commission (AHRC) has been informed of an unacceptable delay of justice in the case of a young man, Udayanga Perera, who was arrested and subjected to severe torture by policemen attached to the Wewelwatte police post under the Ratnapura police station on 7 August 2003. Udayanga subsequently launched a complaint to relevant authorities, including the Human Rights Commission (HRC), but the due process of his case was allegedly foiled by the Ratnapura police on multiple occasions. Not only did they fabricate a false charge against him, trying to force his complaint withdrawal, but they also failed to forward relevant case documents to the Magistrate Court for a length of two and a half years after he refused to settle his case through the Meditation Board. Later, when the case was finally to be heard at the Magistrate Court, the accused (police officers) did not appear on four separate court dates, thereby causing postponement of the trial, and the police failed to arrest and produce the accused before the court as required by law. The Ratnapura police have clearly and purposefully caused the delay of justice in this case.
CASE DETAILS:
On 7 August 2003, Udayanga Perera, an 18-year-old schoolboy at the time, was arrested and subjected to severe torture by policemen attached to the Wewelwatte police post. As a result, Udayanga suffered injuries to his ear and had to be warded for several days at the Ratnapura hospital. Later, he lodged a complaint regarding the incident to the relevant authorities, including the Human Rights Commission (HRC).
Udayanga says, the Ratnapura police then fabricated a false charge against him and several others before the Ratnapura Magistrate’s Court (Case No B1318/03; 54821), namely for causing minor harm to a policeman. Subsequently, the police officer in charge (OIC) of Wewelwatte police post then allegedly told Udayanga that the police were willing to withdraw the case against him in exchange for his withdrawing his own complaint before the HRC. However, Udayanga refused to any such suggestions, and as a result, the case was referred to the Mediation Board on 21 January 2004 for possible settlement.
When the case was called on 22 February 2004, Udayanga refused to settle the case, and thus the Mediation Board sent the case via the police back to the Ratnapura Magistrate’s Court. However, for the next two and a half months, the police mysteriously failed to forward these case documents to the Magistrate Court, though clearly required to do so by law.
This was an unacceptable situation to Udayanga who was anxious to clear his name and move on with his life. Therefore, on 28 August 2006, he forwarded a motion through his lawyer to the court, requesting that his case be called up before the court. The Ratnapura Magistrate Court has since called in the case 4 separate timesi.e. 18 September 2006, 16 October 2006, 29 November 2006, and 17 January 2007. However, the case was unfortunately postponed on each of these dates due to the non-appearance of the complainant (the police). The Magistrate then issued a warrant for the arrest and production before the court of the accused, but according to Udayanga, the police are deliberately shirking their responsibilities in executing this warrant, despite the fact that the complainant has been seen in the vicinity. Udayanga claims that this purposefully caused court delay is a further attempt by the police to harass him.
Therefore, Udayanga has once again complained to the Inspector General of Police, Attorney General and the National Police Commission, and the HRC about this extremely unsatisfactory state of affairs and furthermore, demands that the Ratnapura police be made to act in accordance with the law and to proceed with the case. However, no process has been made so far.
SUGGESTED ACTION:
Please write the relevant Sri Lankan authorities below and demand that the court assure the compliance of the Ratnapura police to its warrant so that Udayanga’s case may proceed and the accused brought to justice before the law. Also, please urge the authorities to prosecute those officers involved in the interference of the timely due process of law.
To support this case, please click here: SEND APPEAL LETTER
SAMPLE LETTER
Dear __________,
SRI LANKA: Torture victim continues to be victimized more than three years after incident due to prolonged court delays
Name of victim: Mr. Udayanga Perera, 18 years old at the time of torture and now 22 years old; resides in Durekanda, Ratnapura division, Sri Lanka
Alleged perpetrators:
1. Officers attached to the Wewelatte police post under the Ratnapura police station (prime suspects for torture)
2. Officer-in-Charge of the Wewelatte police post
Date of incident: Arrested and tortured on 7 August 2003; court hearing delayed by police to this date
I am disturbed to learn that a case involving the arrest and severe torture of a student by police would be allowed to go unheard before the court for more than three years after the incident. I was informed that on 7 August 2003, Udayanga Perera, who was only a school boy of 18 at the time, was arrested and tortured by the policemen attached to the Wewelwatte police post under the Ratnapura police station. He was so severely tortured that he received injuries to his ear and had to be warded in the Ratnapura hospital for several days.
I learned that when Udayanga lodged a complaint regarding the incident to the relevant authorities, including the Human Rights Commission (HRC), the Ratnapura police allegedly fabricated a charge against him before the Ratnapura Magistrate’s Court (Case No B1318/03; 54821), falsely accusing him of causing minor harm to a policeman. The officer in charge (OIC) of the Wewelwatte police post then allegedly told Udayanga that they would withdraw their case against him, if he would withdraw his complaint. Udayanga refused this bribe and the case was then referred to the Mediation Board on 21 January 2004 for possible settlement.
When the case was called on 22 February 2004, Udayanga refused to settle the case, and thus the Mediation Board sent the case via the police back to the Magistrate’s Court. However, I am surprised to learn that the police audaciously and illegally held onto these case documents for two and a half years, rather than forwarding them to the Magistrate Court, as clearly required by law. In this way, they greatly slowed the process of justice.
Moreover, I am frustrated to know that when the Ratnapura Magistrate Court finally called in the case after Udayanga forwarded a motion, the complainant (the police) did not appear on 4 separate occasionsi.e. 18 September 2006, 16 October 2006, 29 November 2006, and 17 January 2007further postponing the case. Although the Magistrate then issued a warrant for the arrest and production before the court of the accused, the police have yet to execute the warrant, despite the complainant’s having been sighted in the vicinity. I believe this demonstrates the Ratnapura police’s deliberate and blatant neglect of their responsibilities, and I am deeply concerned that the purposefully caused court delay is a further attempt by the police to harass him.
The Ratnapura Magistrate Court should not patiently sit back as law enforcement officers so casually and fearlessly interfere with its timely judicial process. The police have demonstrated its impudence in delaying the transfer of case documents from the Mediation Board to the Magistrate Court, and then again, in refusing to comply with the Magistrate’s warrant to produce the accused before the court. Already, the police have manipulated the efficiency of the judicial procedure for about three years, all the while the victim looks to the court for redress. Therefore, I urge that the Ratnapura police be made to comply with the judicial process and that the accused be produced before the court for a timely and just trial. Furthermore, I demand the delinquent officers be prosecuted and brought to justice for their interference in and delay of the judicial process. I also request you to order a thorough investigation into the alleged torture of the victim and take proper action against those responsible.
I await your urgent intervention in this matter.
Sincerely,
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PLEASE SEND YOUR LETTERS TO:
1. Mr. K. C. Kamalasabesan
Attorney General
Attorney General’s Department
Colombo 12
SRI LANKA
Fax: +94 11 2 436421
Email: attorney@sri.lanka.net
2. Mr. Victor Perera
Inspector General of Police
New Secretariat
Colombo 1
SRI LANKA
Fax: +94 11 2 440440/327877
E-mail: igp@police.lk
3. Secretary
Human Rights Commission of Sri Lanka
No. 36, Kynsey Road
Colombo 8
SRI LANKA
Tel: +94 11 2 694 925 / 673 806
Fax: +94 11 2 694 924 / 696 470
E-mail: sechrc@sltnet.lk
4. 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
5. Prof. Manfred Nowak
Special Rapporteur on the Question of Torture
OHCHR-UNOG
1211 Geneva 10
SWITZERLAND
Tel: +41 22 917 9230
Fax: +41 22 9179016 (ATTN: SPECIAL RAPPORTEUR TORTURE)
6. Mr. Leandro Despouy
Special Rapporteur on the independence of judges and lawyers
Att: Sonia Cronin
Room: 3-060
OHCHR-UNOG
1211 Geneva 10
SWITZERLAND
Tel: +41 22 917 9160
Fax: +41 22 917 9006 (ATTN: SPECIAL RAPPORTEUR INDEPENDENCE JUDGES & LAWYERS)
Thank you.
Urgent Appeals Programme
Asian Human Rights Commission (ahrchk@ahrchk.org)
