Dear friends,
The Asian Human Rights Commission (AHRC) is deeply concerned by the alleged torture and fabrication of charges against a man by the Kotadeniyawa police. According to the information from the Human Rights Citizens Committee in Gampha district, Mr. T.G. Chaminda Weerawardene, who resides in Divulapitiya, Negombo district was illegally arrested on 2 June 2007 and brutally tortured by the Kotadeniyawa police. The victim was released on police bail on the following day. More seriously, the victim allegedly received death threats by the Kotadeniyawa police, while being warded at the hospital for the treatment. As a result the victim had to discharge himself from the hospital and was admitted to another one. We are also informed that the Kotadeniyawa police alleged fabricated false charges against the victim to cover up their crimes. We call for your urgent action to support the victim.
CASE DETAILS: (based on the complaint made by the victim’s father)
Mr. Thalahitiya Gamaralalage Chaminda Weerawardene is a Sinhalese man residing at Akkara Nine Waththe of Ullapola, Divulapitiya, Negombo district, Negombo division, Sri Lanka. On 22 May 2007, he went to Ragama Teaching Hospital to see his wife and returned home at around 4:00pm. When he was having a meal two policemen in civilian clothes entered the house and apprehended him and his father Mr. Mr. Thalahitiya Gamaralalage Weerawardene. Despite their repeated request, the two men in civilian clothes did not reveal their identification. Then Mr. T.G. Chaminda Weerawardene immediately went to the Divulapitiya police station and reported illegal entry by unidentified men. When he came back to home along with the officers of the Divulapitiya police station, it was learned that the two men in civilian clothes were officers of the Katadeniyawa police station. The two Katadeniyawa police officers then left. Subsequently, the father and the son made individual entries at the Divulapitiya police station regarding this incident (Entry No. M 01 B262/250).
At around 7:30pm on 2 June 2007, Mr. T.G. Chaminda Weerawardene was arrested by the officers from the Kotadeniyawa police station, when he was waiting for his mother, who went to the Buddhist temple at the Ambagahamula Harware Stores in Ullapola village. The police neither told the victim the reason for his arrest nor present the arrest warrant. Soon after arresting the victim, the police officers allegedly assaulted him in a severe manner. The victim was then taken to the Rural Hospital at Horagasmulla for a medical check-up. Mr. T.G. Chaminda Weerawardene said that the police officers threatened him to lie to the attending doctor that he got injures by falling from a bicycle. Due to fear, he made a false statement to the doctor. After that he was taken to the Kotadeniyawa police station. On the way, he was again brutally beaten by the police officers and while in the police station he was also tortured.
On the following day (June 3), Mr. T.G. Chaminda Weerawardene was released on police bail. He then got admission at the Rural Hospital at Horagasmulla for treatment for the injuries sustained from torture. However, the Kotadeniyawa police visited the victim at the hospital and allegedly threatened him with death. Due to the threats by the police he had to discharge himself from the hospital and went to the Negombo District Hospital, where he was admitted in ward 6.
Meanwhile, police post in the Negombo District Hospital did not record any statement from the victim until June 6. When an activist inquired about this matter by phone, they allegedly refused to do so. The victim says that the police post at the hospital took down his name between 4 to 5pm on June 6 but did not record his statement relating to torture. It is also alleged that the Judicial Medical Officer (JMO) delayed of examining the victim until June 7. The JMO examined the victim at around 11:00am on June 7 and recorded the victim’s statement regarding his torture by the police.
Meanwhile, it is alleged that the Kotadeniyawa police filed a false case of selling illicit liquor against the victim. The case will be called on 11 June 2007.
SUGGESTED ACTION: Please write to the local authorities listed below and demand the prompt and thorough investigation into the alleged torture case and take action against those responsible. Please also urge them to strictly implement the CAT Act. No 22 of 1994 and other domestic provisions preventing and punishing act of torture. For your information, the AHRC has already reported this case to the U.N. Special Rapporteur on torture for his intervention.
To support this case, please click here: SEND APPEAL LETTER
SAMPLE LETTER
Dear ________,
SRI LANKA: Alleged torture and fabrication of charges of a man by the Katadeniyawa police
Name of victim: Mr. Thalahitiya Gamaralalage Chaminda Weerawardene; a Sinhalese and Buddhist; the resident of Akkara Nine Waththe of Ullapola, Divulapitiya, Sri Lanka
Complainant: Mr. Mr. Thalahitiya Gamaralalage Weerawardene, the victim’s father
Alleged perpetrators: Officers of the Kotadeniya police station, Negombo district I, Negombo division, Sri Lanka
Date of incident: 2 June 2007
Place of torture: Kotadeniya police station
I am strongly appeal to you regarding anther torture case reported from Sri Lanka.
According to the information I have received, Mr. Thalahitiya Gamaralalage Chaminda Weerawardene, a Sinhalese man residing at Akkara Nine Waththe of Ullapola, Divulapitiya, Negombo district, Negombo division, was arrested by the Kotadeniyawa police from the Ambagahamula Harware Stores in Ullapola village at around 7:30pm on 2 June 2007, while waiting for his mother, who went to the Buddhist temple. The police did neither tell the victim the reason for his arrest nor present the arrest warrant. I am informed that the Kotadeniyawa police allegedly assaulted the victim at the time of arrest.
I am concerned that when the victim was then taken to the Rural Hospital at Horagasmulla after the arrest, the police officers allegedly threatened the victim to lie to the attending doctor that he got injures because he fell from the bicycle. I am also informed that he was again beaten by the police on the way to the police station and further tortured at the police station. On the following day, the victim was released on bail.
However, I am appalled by the information that the victim, who got admission at the Rural Hospital at Horagasmulla for treatment, allegedly received death threats by the Kotadeniyawa police. Because of the threat, the victim discharged himself from the hospital and went to the Negombo District Hospital, where he was admitted in ward 6.
I am also deeply concerned by the inadequate manner of the investigation into this torture case. As far as I know, police post in the Negombo District Hospital did not record any statement from the victim until June 6, in violation of their duty. I am further informed that the police post at the hospital only took down his name on June 6 without recording his statement regarding the incident. I also want to inform you that the Judicial Medical Officer (JMO) delayed of examining the victim until June 7. It is alleged that the Kotadeniyawa police filed a false case of selling illicit liquor against the victim and the case will be called on 11 June 2007. It is common practice of Sri Lankan police to implicate torture victims into the false case to escape from legal responsibility for their crimes.
In fact, the harassment by the Kotadeniyawa police against the victim is not the first time. I am informed that on 22 May 2007, two officers of the Kotadeniyawa police officers entered the victim’s house and apprehended him and his father. Despite their repeated request, the two officers did not reveal their identification. Please refer to the entry case lodge by the victim at the Divulapitiya police station regarding this incident (Entry No. M 01 B262/250).
Arbitrary arrest, torture and fabrication of charges are serious crimes both in domestic and international laws. I therefore request you to order an immediate and thorough inquiry into this alleged torture case and bring the responsible police officers before court as soon as possible. They should be prosecuted under the CAT Act No 22 of 1994. I also request that the investigation of the case should be conducted by the independent and competent state agent but not by the local police to ensure the credibility of the investigation. An inquiry should also be conducted into the alleged fabrication of the charge against the victim and proper action should be taken against those responsible. The charge against the victim should be withdrawn if there is no sufficient evidence against him. I also urge the National Police Commission to inquire this case and take disciplinary action against the responsible police officers. As he reportedly received death threats by the alleged perpetrators, the victim should be provided witness protection and the accused police officers should be suspended or reassigned during the process of investigation. I also demand that the victims are awarded adequate compensation.
I request your urgent intervention into this matter.
Yours truly,
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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. C.R. De Silva
Attorney General
Attorney General’s Department
Colombo 12
SRI LANKA
Fax: +94 11 2 436421
Email: attorney@sri.lanka.net
3. Mr. Neville Piyadigama
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
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)
