Dear friends
The Asian Human Rights Commission (AHRC) is writing to inform you about an alleged torture case by police officers of Wattegama Police Station. P.K.W. Wijesinghe was summoned to the police station to give a statement. He was allegedly brutally tortured by a sub-inspector and a sergeant. He was then admitted to the intensive care unit of a hospital. Following the incident, the police allegedly filed a false case against him, and he was remanded into police custody for 9 days. The victim is now released on bail.
CASE DETAILS:
According to the information we have received, at around 10:00am on 15 January 2007, Mr. Wijeshinghe was summoned to the Wattegama Police Station with his lawyer Mr. Saman Ratnayake. He was accused of having failed to return some jewellery and money as promised, but he denied such accusations. He was asked by the police to give a statement about this accusation. Meanwhile, a sub-inspector of police, Mr. Upali Chandrasiri was very rude to him. After his lawyer left, Mr. Wijeshinghe stayed to clarify that he was not guilty of such accusations, but Mr. Upali and another police sergeant, Mr. Thilakarathna, physically abused him. He was kicked and beaten, and then locked up and tortured. Mr. Wijeshinghe told the police that he had heart disease, but the officers did not pay attention and threatened to kill him. He was handcuffed with his hands behind his back.
On the same day the police filed a case at the Teldeniya Magistrates Courts against him, claiming that he had obstructed the duty of sub-inspector Upali Chandrasiri, based on a fabricated document. On 22 February 2007, the case was called at the court but Mr. Wijeshinghe was hospitalised and unable to attend the court. Therefore, the court remanded him into police custody from 22 February to 1 March 2007.
Although Mr. Wijeshinghe was hospitalised in the Wattegama Hosiptal, on 22 February, the police transferred him to the National Hospital Kandy under custody, where he was admitted into the intensive care unit. On 23 February, he was transferred to the Cardiology ward. He remained under police custody until 27 February.
Mr. Wijeshinghe was brought before the judge on 1 March 2007, where the police claimed that he was a mental patient. His lawyers denied this accusation with medical certificates from the hospital, and he was released on bail later the same day.
On 9 March 2007 and 23 April 2007, the Sri Lanka Human Rights Commission in Kandy summoned Sub Inspector Upali Chandrasiri for an inquiry into the complaint made by Mr. Wijesinghe, but the respondent Mr. Upali Chandrasiri was not present.
SUGGESTED ACTION:
Please write to the following authorities and ask them to conduct an investigation into the alleged torture cases and the fabricated charges. If the claims are proven true, the perpetrators should be prosecuted accordingly, and the cases against Mr. Wijeshinghe should be dropped. Mr. Wijenshinghe and his family should also be properly compensated. The AHRC has already written to the UN Special Rapporteur on Question of Torture demanding his intervention into this matter.
To support this case, please click here: SEND APPEAL LETTER
SAMPLE LETTER
Dear __________,
SRI LANKA: Alleged torture and fabrication of charges by Wattegama Police
Name of the victim: P.K.W. Wijesinghe, 43-year-old, editor and manager of a publication office
Alleged perpetrators: Mr. Upali Chandrasiri, sub-inspector of the police; Mr. Thilakarathna, a police sergeant
Date of incident: 15 January 2007
Place of incident: Wattegama Police Station
I am writing to express my deep concern about an alleged torture case of the victim P.K.W. Wijesinghe by police officers of Wattegama Police Station. I learned that the victim was summoned to the station to give a statement. At the police station where he went for his summon, he was allegedly brutally tortured by a sub-inspector and a sergeant. He was then admitted to the intensive care unit of a hospital. Following the incident, the police allegedly filed a false case against him, and he was remanded into police custody for 9 days. The victim is now on bail.
I am informed that at around 10:00am on 15 January 2007, Mr. Wijeshinghe was summoned to the Wattegama Police Station with his lawyer Mr. Saman Ratnayake. He was accused of having failed to return some jewellery and money as promised, but he denied such accusations. He was asked by the police to give a statement about this accusation. Meanwhile, a sub-inspector of police, Mr. Upali Chandrasiri was very rude to him. After his lawyer left, Mr. Wijeshinghe stayed to clarify that he was not guilty of such accusations, but Mr. Upali and another police sergeant, Mr. Thilakarathna, physically abused him. He was kicked and beaten, and then locked up and tortured. Mr. Wijeshinghe told the police that he had heart disease, but the officers did not pay attention and threatened to kill him. He was handcuffed with his hands behind his back.
I am also told that on the same day the police filed a case at the Teldeniya Magistrates Courts against him, claiming that he had obstructed the duty of sub-inspector Upali Chandrasiri, based on a fabricated document. On 22 February 2007, the case was called at the court but Mr. Wijeshinghe was hospitalised and unable to attend the court. Therefore, the court remanded him into police custody from 22 February to 1 March 2007.
I learned that although Mr. Wijeshinghe was hospitalised in the Wattegama Hosiptal, on 22 February, the police transferred him to the National Hospital Kandy under custody, where he was admitted into the intensive care unit. On 23 February, he was transferred to the Cardiology ward. He remained under police custody until 27 February.
Mr. Wijeshinghe was brought before the judge on 1 March 2007, where the police claimed that he was a mental patient. His lawyers denied this accusation with medical certificates from the hospital, and he was released on bail later the same day.
I am also aware that the victim has filed a case to the Sri Lanka Human Rights Commission, but the respondent Mr. Upali failed to appear for the inquiry summons on 9 March and 23 April 2007.
I am very concerned about this alleged torture case and would like to ask you to conduct an investigation into these allegations. If the allegations are proven, the responsible officers should be prosecuted accordingly. Compensations should also be provided to the victim and his family, as the victim has suffered tremendous mental pressure. I would like to remind you that Sri Lanka is a party state to the International Covenant on Civil and Political Rights, as well as the Convention Against Torture, and therefore she has an international obligation to stop such unlawful and brutal behaviours.
I am also concerned about the allegation of fabricated charges in the case. If such allegations are proven true, the case against Mr. Wijeshinghe should be dropped immediately.
I look forward to your prompt and effective response in this matter.
Yours sincerely,
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PLEASE SEND YOUR LETTERS TO:
1. Mr. Victor Perera
Inspector General of Police
New Secretariat
Colombo 1
SRI LANKA
Fax: +94 11 2 440440/327877
E-mail: igp@police.lk
2. Mr. K. C. Kamalasabesan
Attorney General
Attorney General’s Department
Colombo 12
SRI LANKA
Fax: +94 11 2 436421
Email: attorney@sri.lanka.net
3. 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
4. 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
Thank you.
Urgent Appeals Programme
Asian Human Rights Commission (ahrchk@ahrchk.org)
