SRI LANKA: Alleged illegal detention and torture of a man by the Polgahawela police on fabricated charges 

Dear friends,

The Asian Human Rights Commission (AHRC) has received information of alleged torture of Mr. Welgama Ralalage Wijitha Herath (40) by the Officer in Charge (O.I.C.) and one constable attached to the Polgahawela police station on 5 September 2004. Due to severe torture, the victim has been receiving treatment at the hospital until now. According to the victim, after torturing him, the police further fabricated charges against him with the help of a doctor who gave a false medical report stating that the victim was drunk in order to cover the illegal police torture.

The AHRC calls for your urgent intervention into this case. Please send a letter to the Sri Lankan authorities and urge them to immediately inquire this case. Please also request them to take legal/disciplinary action against the police officers and the doctor who are responsible for the torture and fabrication of charges against the victim.

Urgent Appeals Desk
Asian Human Rights Commission (AHRC)
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DETAILED INFORMATION:

Name of the victim: Welgama Ralalage Wijitha Herath; 40 years old; a business man, married with three children
Alleged perpetrators: 1) Officer in Charge (O.I.C.) of the Polgahawela police station, 2) Police constable attached to the same police station who can be identified by the victim, 3) Doctor at Polgahawela Government Hospital who allegedly gave a false medical report to the police (can be identified by the victim)
Period of illegal detention and torture: 5-6 September 2004
Place of incident: Pologahawela police station

Case details: (Based on the account of the victim)

At around 4:00pm of 5 September 2004, Mr. Welgama Ralalage Wijitha Herath (40) went to the Polgahawela police station to see some of his friends who were in custody. When he was entering the police station, one unknown person wearing civilian clothes stopped him and asked whether he was drunk. Mr. W.R. Wijitha Herath thought it was a very ridiculous question (as he did not drink any liquor) so he just ignored him and went inside the police station.

According to Mr. W.R. Wijitha Herath, when he approached the cell where his friends were locked up with due permission from the receptionists, someone suddenly started to kick and assault him from behind. Mr. W.R. Wijitha Herath recognized that he was the same person who had questioned him when he had entered the police station and later knew that he was a constable attached to the Polgahawela police station.

It is alleged that when the victim was being assaulted, the Officer in Charge (O.I.C.) of the Polgahawela police station came in and ordered the constable to bring the victim to his room. At that time the O.I.C. was wearing a pair of pants and a T-shirt and the victim alleged that he looked completely drunk.

When Mr. W.R. Wijitha Herath was brought into the O.I.C.’s room, it is also alleged that the O.I.C. brutally assaulted him with a Kitul tree pole (very hard wooden pole). After eight to nine blows, the O.I.C. took the victim to the police station compound and ordered him to remove his shirt. When he took off his shirt, the O.I.C. ordered the victim to fold his sarong (Amuda Gahanne) and raise his hands. The O.I.C. then started hitting him with the same Kitul tree pole severely. After receiving 12 to 15 blows, the victim was ordered to crawl around the compound. As he was crawling around, the O.I.C. kicked him continuously. After that, the O.I.C. again took the victim near the cell and severely assaulted him for about 15 minutes.

Then, the police put Mr. W.R. Wijitha Herath into a police jeep and took him to the Polgahawela Government Hospital where he was produced before a doctor (name unknown). However, the victim claimed that the doctor did not examine or question him at all and falsely commented to the police that he was drunk. The police then brought Mr. W.R. Wijitha Herath back to the police station and put him in the lock-up. On the following morning (September 6), the victim was released on bail and his family members took him to the Polgahawela Government Hospital where he was admitted. Up to now the victim is being treated in ward no.01 of the Polgahawela Government Hospital. The exact charge against the victim by the police is unknown.

The AHRC is deeply concerned by this alleged brutal torture of Mr. Mr. Welgama Ralalage Wijitha Herath by the O.I.C. and a policeman of the Polgahawela Police Station. The case shows that the victim was assaulted by the police without any reason. Even if there were certain charges against him, the Polgahawela police should have investigated the victim according to due process instructed by law. However, the police used their common method – torture- to harass an innocent civilian instead.

In light of the above, the AHRC strongly requests the government of Sri Lanka to order an immediate and impartial investigation into this case. The O.I.C. and the policeman who are responsible for the torture of Mr. W.R. Wijitha Herath must be prosecuted and brought to justice. The doctor who allegedly provided a false medical comment to the police should be arrested and punished according to law as well.

SUGGESTED ACTION:
Please send a letter, fax or an email to the addresses below and urge them to take immediate legal/disciplinary action against the alleged perpetrators who are responsible for this serious case.

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