SRI LANKA: Torture and fabricated charges laid against a man by the Ja-Ela police 

Dear friends,

The Asian Human Rights Commission (AHRC) writes to inform you about a man who was tortured by the police and who is now currently languishing in prison after having had fabricated charges laid against him. Kariyawasam Peradorapage Tsuitha Ejith was first stopped by the Ja-Ela police on 10 October 2005, for alleged traffic offenses. After the victim refused to admit to any offense, a scuffle ensued resulting in the victim pushing a police officer over. As a result, the victim fled and went into hiding. When the victim’s whereabouts became known on 23 February 2006, members from the Ja-Ela police went after him and upon finding him, proceeded to torture him. Threats were then made against both the victim and his wife if they dared inform any authority about the torture. The victim was finally produced in the Magistrates Court, without legal support, and charged with assault of a police officer and bomb possession, at which point bail was denied.

On 10 October 2005, the victim, Ejith, was driving along in his vehicle (JW 3933) when stopped at about 5pm by a Police Constable from the Ja-Ela police. The Constable verbally abused the victim and accused him of having violated traffic regulations. The Constable then assaulted the victim, causing a cut on the victim’s face. When the Constable once again approached the victim, and with the victim believing that the Constable would strike him again, the victim pushed against the Constable who subsequently fell to the ground. Fearing for his safety the victim then fled the scene, informed his wife of what had happened, and went into hiding. When the police went looking for the victim at his home, they threatened to kill him once they located his whereabouts.

On 23 February 2006, the victim was apprehended when he was spotted at a garage and this was informed to the police. Police personnel from the Ja-Ela police station went to the garage and proceeded to torture the victim with sticks and clubs. In fact he was tortured to such an extent that he could no longer walk.

When the victim’s wife learnt of her husband’s arrest, she immediately went to the police station to meet with him. However, the police denied having ever arrested her husband. Later they admitted to having arrested him but informed her that they would kill him. She was also threatened that if she told anyone of this incident, there would be repercussions. Likewise, the police also informed the victim that if he informed anyone of his case, they would lay fabricated bomb possession charges against him. Therefore, when the victim was taken to a hospital to receive treatment, he remained silent about the treatment meted out to him. He was not, however, produced before a Judicial Medical Officer (JMO) and therefore no medical report was made of his injuries.

The following day the victim’s wife lodged a complaint with the Human Rights Commission of Sri Lanka. When she informed this fact to the police they stated that they did not care, that they were not afraid, and if staff from the HRC approached them, they would kill them too.

Meanwhile, the victim was detained overnight and forced to sign a statement he did not read. He was produced the following day in the Magistrates Court where he was charged with assaulting the Police Constable with an iron rod (which he in fact did not have) and bomb possession. As the latter charge is a non-bailable offense, the victim was not provided legal support and he was remanded in custody and sent to prison. Upon arriving at prison, he was taken to the prison hospital where he received treatment for his injuries for six days.

As a result of the victim’s detention, and subsequent loss of income, his wife and 18-month-old son are now struggling to survive.

SUGGESTED ACTION:

Please write to the relevant authorities listed below seeking their intervention in this case. It is imperative that an immediate investigation be launched into this case, and that those police officers allegedly involved in it, are suspended from their duties while enquiries are underway. If it is established that the charges were fabricated, the victim must be released from prison immediately, provided full protection, and afforded full compensation for the injuries and ordeal he has suffered. Legal action must then proceed against any persons alleged to have committed crimes against the victim.

 

 

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