SRI LANKA: Brutal torture by officers at the Galewela Police Station 

ASIAN HUMAN RIGHTS COMMISSION - URGENT APPEALS PROGRAMME

Urgent Appeal Case: UA-201-2005
ISSUES: Torture,

Dear friends,

The Asian Human Rights Commission (AHRC) has received information regarding the case of Vidhanelage Ajith Wickramage, who was arbitrarily arrested by police officers from the Galewela Police Station, and his mother, who was verbally assaulted and threatened by the police officers.  Mr. Wickramage claims that he was brutally tortured by the police, who attacked his head and ears throughout the arrest and detention period. After his release on bail, the victim complained of severe pain in his ear and deafness and so was taken to a private doctor, who informed the family that the victim’s ear was badly damaged.  He was subsequently admitted to a hospital on 29 October 2005 and has been receiving treatment there ever since.

We request your urgent action in asking the Inspector General of the Police to order the Special Investigations Unit to immediately commence an investigation into the alleged conduct of the police.  If it is found that the alleged perpetrators committed crimes against both Ajith Wickramage and his mother, they must be made accountable and if found guilty of torture, indicted under the CAT Act No. 22 of 1994.  Protection must also be afforded to the victim and his family during the investigation of the police officers and compensation needs to be offered to Mr. Wickramage for medical treatment.

Urgent Appeals Programme
Asian Human Rights Commission
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DETAILED INFORMATION:

Name of the victims: Vidhanelage Gedera Ravindra Ajith Wickramage, and his mother
Alleged perpetrators: Sarath and others from the Galewela Police Station
Place of incident: Siyambalashena, Puwakpitiya, Galewela
Date of incident: 29 October 2005

Case details:

At around 8pm on 29 October 2005, the mother of Ajith Wickramage received news that her son and three others were drunk near a boutique at Puwakpitiya village.  She went with two nephews, Wasantha and Priyantha to bring her son home.  When they arrived at the boutique, only her son was present.  During this time, four police officers arrived at the scene and began scolding the mother, the nephews and Ajith Wickramage and accusing them all of being drunk.  The police attempted to arrest the two nephews, which they objected to stating that they were only there to escort their drunken cousin home.  At that moment, the police officer, Sarath, allegedly brutally attacked the Ajith Wickramage’s ears and also held the victim’s neck and proceeded to hit him on the back of the head.  The mother begged the police officer to stop, which merely made the police officer even angrier and he began to scold the mother in abusive language. He even broke a branch from a tree on the fence and threatened her; thinking that he was going to hit her she retreated.

Ajith Wickramage was then taken to the Galewela police station. The victim claims that he was tortured both on the way to the police station and then later at the police station itself.  Afterwards, the victim was taken to the hospital for a medical certificate where his mother, sister and brother-in-law waited for him until 11.30 at night during which time they noticed that all the police officers were drunk.   The family members were asked to come back the following morning to bail the victim out.

The next morning, after the victim was released from the police station, inquiries were made from the offending police officer about when the hearing would be heard. The family was informed that Ajith Wickramage would be produced before the courts the next day.  However, since it was difficult to find money to fund the case, the case was not heard until November 2.  After going home, the victim slept for the whole day and because of the complaints of severe pain and deafness, he was taken to a private doctor at about five in the evening.  The doctor said that the ear was badly injured and he was admitted to the hospital in Kurunegala at about 10.30pm.  The victim was warded to the Emergency section of the hospital and the doctor there said that since the inner part of the ear was badly damaged, he would need immediate treatment.  To this day, the victim is still in hospital receiving treatment.

The next day, two police officers arrived at the victim’s house and demanded the mother pay Rs. 134 to the shop where the police bought the meals for the victim on the night of the brutal attack.

The government and the law enforcement agencies cannot condone such conduct by the police.  Although the police allege that Ajith Wickramage was publicly drunk this cannot be justification for arbitrarily arresting, detaining and torturing him.  The police must follow correct procedures that adhere to human rights principles, and refrain from all forms of torture.

This case of torture is not unique in Sri Lanka and further highlights the severe discrimination that exists against the poorer sections of the community.  In this case the victim and his mother were rural farmers.  The police regularly target such people as they are seen as the most vulnerable in society.  It is very important that the government of Sri Lanka recognises this dire problem and begins to implement legislation that can change such an oppressive environment.

SUGGESTED ACTION:

Please write to the Inspector General of Police voicing the need to properly and independently investigate the misconduct of the police against Ajith Wickramage and his mother.

 

 

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

SAMPLE LETTER

Dear Mr. Fernando

SRI LANKA: Brutal torture by officers at the Galewela Police Station

Name of the victims: Vidhanelage Gedera Ravindra Ajith Wickramage, and his mother
Alleged perpetrators: Sarath and others from the Galewela Police Station
Place of incident: Siyambalashena, Puwakpitiya, Galewela
Date of incident: 29 October 2005

I am writing to voice my concern and disappointment regarding the case of torture and arbitrary arrest and detention committed by the police from the Galewela Police Station in Sri Lanka.  

According to the information I have received, when Ajith Wickramage's mother arrived near the boutique at Puwakpitiya village to take him home, four police officers arrived at the scene of the incident and began verbally abusing them.  They accused the mother, her two nephews and Ajith of being drunk and attempted to arrest the two nephews.  When the officers established that it was Ajith who was drunk, they allegedly proceeded to severely hit his ears and the back of his head.  The police officers then verbally abused and threatened the mother when she pleaded with them to stop hitting her son.  The victim was subsequently taken to the Galewela police station, and he claims that he was tortured both on the way to the police station and then later at the police station itself.  As a result of such a brutal attack, allegedly committed by the Galewela police officers, the victim has sustained serious damage to his ear and has been hospitalised at the Kurunegala Hospital for over a week now and is still receiving treatment there.  

I urge you, in your capacity as the Inspector General of Police to ensure that a speedy ad thorough investigation is initiated into the alleged misconduct committed against the victim and his mother by the police officers in Galewala.  If any of the alleged perpetrators are found to have committed the said offences then they must be made accountable for their conduct. In particular they must be indicted under the CAT Act No. 22 of 1994.  Furthermore, protection needs to be offered to the victim and his family while the investigations are being conducted and appropriate compensation needs to be offered to the victim for his medical treatment.

I am saddened to point out that this is only one of countless abuses by the police against the poorer members of society in Sri Lanka. I urge you to ask other government officials to implement legislation that will regulate the conduct of the police and prevent such senseless abuse from occurring in the future. 

I trust your intervention will be forthcoming without delay.

Yours sincerely,
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PLEASE SEND LETTERS TO:

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

PLEASE SEND COPIES TO:

1. Mr. K. C. Kamalasabesan
Attorney General 
Attorney General's Department
Colombo 12
SRI LANKA 
Fax: +94 11 2 436 421

2. 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

3. 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

4. Mr. J Thangawelu
DIG Legal
Police Headquarters
Colombo 1
SRI LANKA
Fax: 94 11 2381 394
Email: legaldiv@police.lk

5. Mr. Mahinda Rajapakse
Prime Minister
Cambridge Place
Colombo 7
SRI LANKA
Fax: +94 11 2 682905 / 575454
E-mail: secpm@sltnet.lk or bradmanw@slt.lk

6. 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)
E-mail: ssyed@ohchr.org

7. Ms Manuela Carmema Castrillo
Chairperson
Working Group on Arbitrary Detention
c/o OHCHR-UNOG 
1211 Geneva 10 
SWITZERLAND 
Fax: +41 22 917 9006 (ATTENTION: Working Group on Arbitrary Detention)
Email: urgent-action@ohchr.org (Attention: Working Group on Arbitrary Detention)


Thank you.

Urgent Appeals Programme
Asian Human Rights Commission

Document Type : Urgent Appeal Case
Document ID : UA-201-2005
Countries : Sri Lanka,
Issues : Torture,