SRI LANKA: A torture victim is under threat from his torture perpetrators and his lawyer is allegedly collaborating with the accused 

Dear friends,

The Asian Human Rights Commission (AHRC) has received information that the defense lawyer of Asaru Pulige Sarath Jayaweera Sandanayake (43), who had filed a Fundamental Rights Application before the Supreme Court in 2004, allegedly cooperated with the accused. It is alleged that the victim’s lawyer spoke with the accused during the court hearing on 8 November 2004, and attempted to settle the case out of the court, which the victim refused. Since then, the lawyer has not met with A.P.S. Jayaweera Sandanayake nor put any effort into pursuing his case in court. The victim strongly believes that his lawyer is collaborating with the accused police officers.

In addition, we were also informed that a police officer approached A.P.S. Jayaweera Sandanayake on 15 February 2005 and threatened him, demanding that he withdraw his case against police officers. The victim fears for his life and urgently requires protection. The victim was subjected to severe torture by police officers, including the Officer-in-Charge, of the Mundal Police Station on 15 December 2003.

The alleged act by the lawyer is a violation of the fundamental human rights of the victim to obtain legal redress. The AHRC urges you to write a letter to the concerned local authorities and request them to intervene in this matter without delay. Please demand them to take strong action against the lawyer concerned and provide urgent protection to the victim and his family.

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

Name of the victim: Asaru Pulige Sarath Jayaweera Sandanayake, a 43-year-old bus driver, residing in Pubudugama, Madurankauliya
Alleged perpetrators:
1. Mr. Karunaseeli, Sub Inspector (SI) of the Mundal Police Station
2. Police Constable Upali of the Mundal Police Station
3. Three other police officers attached to the Mundal Police Station
4. Mr. E. A. Liyanagama, an attorney-at-law and the victim’s defense lawyer, residing in Belmont Street, Colombo, Sri Lanka
Date of torture: 15 December 2003
Case status: The victim is under threat by his torture perpetrators and his defense lawyer is allegedly collaborating with the accused

Case details: (based on the account of the victim)

Following a bus trip from Colombo to Puttalam District on 14 December 2003, Asaru Pulige Sarath Jayaweera Sandanayake felt tired and went to bed at around 8:30pm at his house. A little after midnight on December 15, he heard someone shouting outside and found five police officers standing in front of his house. As soon as he opened the door, the policemen held his neck and ordered him into an awaiting a police jeep. When A.P.S. Jayaweera Sandanayake asked the reason for his arrest, the policemen said that the Officer-in-Charge (OIC) of the Mundal Police Station wanted to him to come to the police station to inquire something.

Police Constable Upali then hit the victim’s head with his electronic torch. Another Sergeant also hit his head with a broken pole. After that, the policemen removed some wooden rafters from the gate and beat A.P.S. Jayaweera Sandanayake severely. At this time, some of his neighbors who heard the victim’s scream came out and appealed to the policemen to stop their assault. The policemen told the neighbors that they would release the victim soon after they recorded a statement from him at the police station. However, no arrest warrant was produced to him at the time of his arrest.

After being taken to the Maundal Police Station, the OIC assaulted A.P.S. Jayaweera Sandanayake again with a rubber hose pipe, despite the victim’s appeal not to do so. He was then taken to Mundal Hospital. The police awakened a doctor who asked the victim to sit down on a chair and recorded something in a book. When the victim complained of chest pains to the doctor, he asked him to stay in the hospital. However, the police took A.P.S. Jayaweera Sandanayake back to the police station and put him in the lock-up. No medical attention or treatment was provided to the victim.

Also, while in police custody, the victim was not provided any food and water until he was released at noon of December 15. At noon, the victim was released on police bail, with the police saying that they would not produce him in the court. The reason of his arrest remains unknown.

After being released, the victim went to Chilaw hospital and was admitted to ward no. 4 of the hospital. On December 16, he was examined by Dr. N. Edirisinghe from the Judicial Medical Officer (JMO)’s office in Governmental Hospital, Chilaw. He found 28 injuries on the victim’s body.

A.P.S. Jayaweera Sandanayake lodged complaints with the Human Rights Commission (HRC) of Sri Lanka and to the Chief Justice of Sri Lanka regarding his torture. The Chief Justice took his case and appointed a lawyer to the victim named Mr. E.A. Liyanagama from Legal Aid. This lawyer drafted the victim’s Fundamental Rights Application before the Supreme Court and the court granted leave to proceed the case (FR Case  no.: S.C. (Special) No. 33/04).

When the case was heard on 8 November 2004, the victim’s defense lawyer spoke with the respondents (the accused) for some time. After that, he allegedly tried to settle the case out of the court by accepting money from the accused, which the victim refused. According to A.P.S. Jayaweera Sandanayake, his defense lawyer then told him not to come to meet him until he informed him to do so. The victim reported that his lawyer has not spoken with him since then. He believes that the lawyer is collaborating with the accused police officers.

In a separate incident, at 8:30am on 15 February 2005, a police officer got on a bus and threatened the victim to withdraw his case. Now the victim fears for his life and is  very much concerned about his family’s security.

SUGGESTED ACTION:
Please write a letter to the Bar Association of Sri Lanka requesting them to intervene in this matter and take strong action against the lawyer concerned without delay.

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