SRI LANKA: Two persons severely injured after being tortured by iron rods by the Wattegama police 

ASIAN HUMAN RIGHTS COMMISSION - URGENT APPEALS PROGRAMME

Urgent Appeal Case: UA-136-2005
ISSUES: Torture,

Dear friends,

The Asian Human Rights Commission (AHRC) has received information about the very serious torture of two civilians named Rohitha Upali Liyanage and Sarath Bandara Ekanayake by the Wattegama police on 28 July 2005. According to the information we have received, the two men were brutally tortured by two police constables, who appeared drunk, with iron rods for no reason. The only possible reason for the assault was that Rohitha and Sarath asked the constables, who allegedly took their motorcycle without informing them, to return the motorcycle to them.

They were both severely injured and Rohitha’s leg was broken due to the assault. Despite this, the police did not provide any treatment, and simply put the two bleeding men into a police jeep and took them to the police station where they were beaten again. Later the two victims were hospitalized at the Kandy Hospital. In the meantime, the Wattegama police fabricated charges against them to cover up their crime on July 29.

Sarath was discharged from the hospital and detained at the remand prison, while Rohitha is still in the hospital under police custody. Both men were charged by the police for attacking a police jeep and were asked to appear in court on August 5 (Case No. B 600/2005).

We call for your urgent action in this case. Please demand the Sri Lankan authorities to inquire into the torture, the possible theft of the motorcycle by the constables, and the fabrication of charges against the victims. Please also urge them to withdraw the false charges against the victims and ensure full medical care to them.

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

Name of the victims: 1) Rohitha Upali Liyanage, 2) Sarath Bandara Ekanayake
Alleged perpetrators: 1) Police constable Rajapakse, 2) Police constable Balasurya, 3) Several other police constables attached to the Wattegama Police Station
Date of incident: 28 July 2005
Place of incident: Walala (near Wattegama) Junction and Wattegama Police Station
Case status: The victims were severely injured due to torture and the police fabricated charges against them to cover-up their crime

Case details:

At 11:00pm on 28 July 2005, Rohitha Upali Liyanage and Sarath Bandara Ekanayake went for a ride on their motorcycle and stopped the bike near a friend’s house at Walala (near Wattegama) Junction and where they went to see Rohitha’s sister who was a patient. When they returned the bike was missing. They asked their friend Senaka and his wife if they had seen someone take the bike, but they replied that that they did not know its whereabouts. When they were searching for the motorcycle, two constables from the Wattegama Police Station named Rajapakse and Balasuriya approached them on their motorcycle. When Rohitha and Sarath asked for its return, the police constables, who appeared to be drunk, started beating the two men with iron rods.

During the assault, one of Rohitha’s legs was broken. While the two police constables were beating Rohitha and Sarath, a police jeep came to the scene. However, the police constables in the jeep also alighted and assaulted the victims. Rohitha and Sarath pleaded with the police not to assault them. Only when Rohitha told them that his leg was broken, did they stop the torture and one constable put two wooden planks along his leg to support it. They then put the two men into the jeep and took them to the Wattegama Police Station where they were beaten again. After that, the police took them to the Wattegama Hospital and then they were taken to the Kandy Hospital by ambulance.

Sarath was discharged from the hospital a few days later and remanded on August 3. Rohitha is still being treated in the Kandy Hospital. Both of them were charged by the police for attacking a police jeep and were asked to appear in court on August 5 (Case No. B 600/2005). The Wattegama police made an entry about this case on July 29 (Case No.: C.I.B 2 38/526).

SUGGESTED ACTION:
Please write a letter, fax or email to the persons listed below and express your concern about this serious case.

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

SAMPLE LETTER

Dear _________,

Re: SRI LANKA: Two persons severely injured after being tortured by iron rods by the Wattegama police

Name of the victims: 1) Rohitha Upali Liyanage, 2) Sarath Bandara Ekanayake
Alleged perpetrators: 1) Police constable Rajapakse, 2) Police constable Balasurya, 3) Several other police constables attached to the Wattegama Police Station 
Date of incident: 28 July 2005
Place of incident: Walala (near Wattegama) Junction and Wattegama Police Station
Case status: The victims were severely injured due to torture and the police fabricated charges against them to cover-up their crime 

I am shocked to learn of the barbaric torture of two innocent civilians by two police constables of the Wattegama Police Station.  The said police constables used the motorcycle belonging to the victims without their knowledge and they subsequently attacked the victims when they were asked to return it. This fact creates suspicion as to whether the two said constables were engaged in an attempt to steal the motorcycle. Due to the brutal assault, the two victims were severely injured. In particular, a leg of one victim, Rohitha was broken. 

This type of callous attack on civilians is a reflection not only on the officers involved but also on the supervising officers of higher ranks who are supposed to maintain discipline within the police force.  This particular act against the victims is entirely unacceptable and demonstrates a complete break down in the rule of law amongst Sri Lanka's policing system. In addition, fabricated charges have been filed against the victims by the Wattegama police.  

I strongly urge you to launch inquiries into this case immediately and bring the alleged perpetrators before court forthwith. In particular, the two police constables must be arrested immediately and charged under the Prevention of Torture Act (Act No. 22 of 1994). Inquiries should also be conducted into the possible theft of the motorcycle by the same officers and the fabrication of charges against the victims. I also urge you to ensure that the victims are given complete medical care by the state. I further urge you to provide protection to the victims and take appropriate steps to withdraw the false charges against them. The victims are also entitled to compensation for this type of gross abuse of human rights.

Yours truly,


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SEND A LETTER TO:

1. Mr. Chandra Fernando
Inspector General of Police (IGP) 
New Secretariat 
Colombo 1
SRI LANKA 
Fax: +94 11 2 440440 or 327877 

2. Mr. K. C. Kamalasabesan 
Attorney General 
Attorney General's Department 
Colombo 12 
SRI LANKA 
Fax: +94 11 2 436421 

3.  Mr. Ranjith Abeysuriya 
Chairperson 
National Police Commission
3rd Floor, Rotunda Towers,
109 Galle Road, Colombo 03
SRI LANKA
Tel: +94 11 2 395310 
Fax: +94 11 2 395867
Fax HOME: +94 11 2 674148
E-mail: polcom@sltnet.lk

4. 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 

5. 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)


Thank you.

Urgent Appeals Program
Asian Human Rights Commission (AHRC)
Document Type : Urgent Appeal Case
Document ID : UA-136-2005
Countries : Sri Lanka,
Issues : Torture,