Dear friends,
The Asian Human Rights Commission (AHRC) has received information regarding the brutal assault of V.M. Duminda Jayawardena by two policemen from the Mitiyagoda police station on 11 March 2006.
On March 11, at around 4p.m, Mr. Jayawardena was returning home when two policemen from the Mitiyagoda police station arrested him. At the time his sister and brother-in-law were also present. On inquiry he was told he was being arrested on suspicion of theft. Mr. Jayawardena was put into a jeep and taken to the Mitiyagoda police station. At the station, he was taken into a room and forced to remove all his clothes. His hands were tied behind his back then he was strung up with rope on a beam across the ceiling and severely assaulted on the soles of his feet, his head and back. The police assaulted him with a wooden club in an attempt to make him confess to the theft. Mr. Jayawardena screamed in pain insisting that he did not steal anything and that he was not aware of any theft. However, the policemen insisted that he had stolen jewellery and continued to inhumanly subject him to torture.
Later he was brought down and water was poured on his body. Despite the fact that his arms were numb and his feet were swollen the police forced him to jump up and down and to walk about. They then allowed him to get dressed and took him back to his house. They searched his house but did not find any incriminating evidence, so they returned him to the station and locked him in a holding cell. It was at this time that he saw Ms. Mala Jayawardena, the person who had accused him of theft. He noticed that Ms. Mala and company remained at the station until around 7pm and that they had brought drinks and cigarettes for the policemen. Mr. Jayawardena complained that although Ms. Jayawardena is related to him, owing to a land dispute, the two families were not on good terms.
The next day (March 12), Mr. Jayawardena was taken to the Batapola Hospital by the same two policemen who tortured him. He said that the police filled in two documents; one of which they handed over to the doctor while the other they took back to the station. He said that though he complained about his pain and the doctor observed his swollen feet, numb arms and his difficulty in walking, he did not receive any medical attention.
Thereafter the police produced him before the Acting Magistrate who was also a lawyer practicing in courts – at the Magistrates private residence. The Magistrate failed to inquire into any details from the victim and simply remanded him instead. He was taken to the Balapitiya remand prison and the next day transferred to the Galle prison. He also said that though his aunt retained a lawyer on behalf of him, the lawyer Sasanka failed to bring his brutal torture at the hands of the police to the attention of the Magistrate.
Mr. Jayawardena has complained that more than two weeks after the incident he is still suffering from the injuries he sustained as a result of the police torture. As a result he is unable to engage in work which has gravely affected his livelihood.
Unfortunately, Mr. Jayawardena is yet another example of the growing violence being perpetrated by policemen in Sri Lanka. The AHRC has previously reported on many cases in Sri Lanka regarding this matter (See further: UA-182-2005, UA-234-2005, UA-009-2006and UP-040-2006). Such conduct by the police is a clear violation and as a public officer the alleged perpetrators should be subjected to the provision of the Convention Against Torture Act No 22 of 1994 (CAT) which states a minimum seven year sentence for torture conviction.
SUGGESTED ACTION
Please write a letter to the concerned authorities listed below and condem the actions of the alleged perpetrators. Also urge them to take immediate action into this case and prosecute the perpetrators as soon as possible. Please ask them to suspend the concerned officers from their work for the security of the victim while the investigation is going on and to withdraw the false charge against the victim. The victims safety should be of the highest priority and protection should be afforded to him if requested. Adequate compensation should also be given to the victim.
To support this case, please click here: SEND APPEAL LETTER
SAMPLE LETTER
Dear _________,
SRI LANKA: Torture of a man by the Mitiyagoda police
Name of victim: V.M. Duminda Jayawardena, 24-years-old, married with two children; occupation: labourer; address: Polhunnawa, Ambagas-handiya, Batapola
Name of alleged perpetrators: Two policemen from the Mitiyagoda police station
Date of incident: 11 March 2006
I am writing to you with deep concern regarding the brutal assault of V.M. Duminda Jayawardena by two policemen from the Mitiyagoda police station on 11 March 2006.
According to the information I have received, on March 11, Mr. Jayawardena was returning home when two policemen from the Mitiyagoda police station arrested him. On inquiry he was told he was being arrested on suspicion of theft. Mr. Jayawardena was taken to the Mitiyagoda police station and there he was brutally tortured by the two policemen. Mr. Jayawardena screamed in pain insisting that he did not steal anything and that he was not aware of any theft. However, the policemen insisted that he had stolen jewellery and continued the torture. The policemen then took him back to his house and they searched his house but did not find any incriminating evidence, so they returned him to the station and locked him in a cell.
It was at this time that he saw Ms. Mala Jayawardena, the person who had accused him of theft. He noticed that Ms. Mala had brought drinks and cigarettes for the policemen and remained at the station until around 7pm. Mr. Jayawardena complained that although Ms. Jayawardena is related to him, owing to a land dispute, the two families were not on good terms.
The next day the victim was taken to the Batapola Hospital by the same two policemen who tortured him. He said that the police filled in two documents; one of which they handed over to the doctor while the other they took back to the station. He said that though he complained about his pain and the doctor observed his swollen feet, numb arms and his difficulty in walking, he did not receive any medical attention.
Thereafter the police produced him before the Acting Magistrate who was also a lawyer practicing in courts - at the Magistrates private residence. The Magistrate failed to inquire into any details from the victim and simply remanded him instead. He was taken to the Balapitiya remand prison and the next day transferred to the Galle prison. He also said that though his aunt retained a lawyer on behalf of him, the lawyer Sasanka failed to bring his brutal torture at the hands of the police to the attention of the Magistrate.
Mr. Jayawardena has complained that more than two weeks after the incident he is still suffering from the injuries he sustained as a result of the police torture. Consequently, he is unable to engage in his work which has gravely affected his livelihood.
I therefore am calling on you to intervene in this matter. As a public officer, the alleged perpetrators should be subjected to the provisions of the CAT Act No 22 of 1994 which states a minimum seven year sentence for torture conviction. Also I ask you to take immediate action into this case and prosecute the perpetrators as soon as possible. I also urge you to suspend the concerned officers from their work or have them transferred - for the security of the victim while the investigation is going on and to withdraw the false charge against the victim. The victims safety should be of the highest priority and protection should be afforded to him if requested. Adequate compensation should also be given to the victim.
Further, I request that the investigation also look into the conduct of the Magistrate, the doctor and Ms. Jayawardena in this case. The investigation should inquiry into why the Magistrate had the victim remanded, yet ignored the visible injuries to him; why the doctor provided the victim no medical attention despite seeing that it was needed; and what role Ms. Hayawardena played in having the victim arrested. If the latter was the result of a personal, family dispute, then legal action must be taken against her.
I trust your intervention will be forthcoming in this matter.
Yours sincerely,
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PLEASE SEND YOUR LETTERS TO:
1. Mr. J Thangawelu
DIG Legal
Police Headquarters
Colombo 1
SRI LANKA
Fax: 94 11 2381 394
Email: legaldiv@police.lk
2. Mr. K. C. Kamalasabesan
Attorney General
Attorney General's Department
Colombo 12
SRI LANKA
Fax: +94 11 2 436 421
3. Mr. Chandra Fernando.
Inspector General of Police (IGP)
New Secretariat
Colombo 1
SRI LANKA
Fax: +94 11 2 440440/327877
4. 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: polcom@sltnet.lk
5. Dr. Radhika Coomaraswamy
Chairperson Human Rights Commission of Sri Lanka
No. 36, Kynsey Road
Colombo 8
SRI LANKA
Tel: +94 11 2 694925 / 673806
Fax: +94 11 2 694924 / 696470
E-mail: sechrc@sltnet.lk
6. Mr. Mahinda Rajapakse
President
Socialist Democratic Republic of Sri Lanka
C/- Office of the President
Temple Trees
150, Galle Road
Colombo 3
SRI LANKA
Fax: +94 11 2472100 / +94 11 2446657 (this is contact for Secretary to President)
Email: secretary@presidentsoffice.lk
7. Prof. Manfred Nowak
Special Rapporteur on the Question of Torture
Attn: Mr. Safir Syed
C/o OHCHR-UNOG
1211 Geneva 10
SWITZERLAND
Tel: +41 22 917 9230
Fax: +41 22 917 9016 (general)
E-mail: ssyed@ohchr.org
Thank you.
Urgent Appeals Programme
Asian Human Rights Commission (ahrchk@ahrchk.org)
