SRI LANKA: Torture of a casual labourer by the Dodangoda Police

Dear friends,

The Asian Human Rights Commission (AHRC) has received information that a casual labourer and his friend were brutally assaulted with a copper cable by the Dodangoda Police on 31 October 2007. They were accused of cutting electrical wires, a charge they denied. The Police then allegedly fabricated a case against them in the Matugama magistrate’s court.

CASE DETAILS: (Based on the victim’s testimony)

On 31 October 2007, the victim Dorairaj Jayachandran (28) together with V. Velamuni, J. Jeyaraj and another – all casual labourers – went in a lorry to collect scrap iron as usual. Around 2pm they returned to handover the collected scrap iron to a shop belonging to one ‘Lasantha’ along Agalawatte Road, in Matugama. While they were unloading the scrap iron from the lorry, crimes branch, Officer in Charge (OIC), Chaminda and 3 other policemen from the Dodangoda Police walked up to them. Only one policeman was in uniform. Without much ado and with no reason afforded, the policemen pushed the victim and his colleagues into a van and took them to the Dodangoda Police Station. En route, the victim and the others were questioned about ‘cutting electrical wires’ at Malabadawatte. The men denied any knowledge the incident.

Upon reaching the Police Station, Crimes OIC, Chaminda escorted the victim and his friends to a new but unused building within the premises of the police station. The victim was taken to a separate room. OIC Chaminda closed the door and immediately began assaulting the victim with a copper cable all over his body in an inhuman manner. OIC Chaminda stamped on the victim’s feet and toes with his boots, injuring the victim’s left toe. Thereafter, the men were taken to another building where Mr. Velamuni was taken inside a room and assaulted.

OIC Chaminda recorded their statements and told J. Jeyaraj and the lorry driver leave. The victim was handcuffed together with Mr. Velumuni and ordered to sit on a bench until the following day. They could not rest and were not offered any food or water. On 1 November 2007, about 10am the victim and Mr. Velumuni were taken into separate rooms and their statements recorded. According to the victim, even while his statement was recorded, OIC Chaminda repeatedly assaulted him with the copper cable causing him serious bodily injuries. The victim was then forced to sign the statement; he was not shown its contents, neither was the statement read and explained to him. About 11am the victim and Mr. Velumuni were charged with cutting electrical wires and produced before the Magistrate of Matugama where they were released on bail.

Soon thereafter, the victim and Mr. Velumuni visited the Nagoda Hospital and were admitted to ward no 11 for medical treatment for injuries caused by the police assault. The victim told the doctors about the police assault and made a complaint to the hospital police. On 6 November 2007, he was examined by the Judicial Medical Officer (JMO) to whom he also complained. He was discharged from hospital the same day while Mr. Velumuni continues to be in hospital. On November 2, the victim’s father complained to the Human Rights Commission via fax about the police assault.

Subsequently, the victim also complained in writing to the Chairman, Human Rights Commission, Chairman National Police Commission, Inspector General Police (IGP), Deputy Inspector General of Police (DIG-legal) Colombo, and Matugama Senior Superintendent of Police (SSP). In the complaints, he informed them of violation of his fundamental rights by the Dodangoda Police especially OIC Chaminda who illegally arrested him, tortured him and fabricated a case against him. He also urged the authorities to investigate and take appropriate disciplinary and legal action against the alleged perpetrators. 

SUGGESTED ACTION:
Please write to the relevant authorities listed below and urge them to start an investigation into the illegal arrest and torture of Dorairaj Jayachandran and take necessary action against the alleged perpetrators.  Please also urge them to ensure that he is paid appropriate compensation for the injuries caused and also for the violation of his fundamental rights.

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