SRI LANKA: False implication of innocent man sees culprits walk free 

Dear friends,

The Asian Human Rights Commission (AHRC) wishes to forward you information regarding the fabrication of charges against a man by the Wadduwa Police. Mr U. Jayasiri Abeyratne and Mr Suseuhewage Asanka Kumarasiri were riding a bicycle near their homes when a lorry, owned by Kandurata Kuda – up-country umbrella makers, drove into them. Both men required hospital treatment for their injuries, with the former admitted on two separate occasions. Though the men attempted to file complaints with the Wadduwa Police regarding the negligent driving of the lorry driver, they soon found themselves the subject of blame and were accused of negligent bicycle riding. Mr Abeyratne was told to appear before a Magistrate’s Court, despite being unaware of what he was charged with. He was also told not to retain a lawyer, to please guilty and to take Rs. 7500 with him.

Though Mr Abeyratne was released on bail, he still awaits an inquiry, which is set for June 7.  His fate thus remains unknown, with charges still laid against him. We ask that you intervene in this case so that the innocence of Mr Abeyratne is ensured. Please call for an investigation into the conduct of Wadduwa Police, specifically how they went from receiving a complaint from the victims, to charging Mr Abeyratne with a crime. Such conduct is questionable at best, and must be investigated by an independent authority. If investigations conclude that the conduct was illegal, then stern disciplinary action should be taken against the responsible police officers. Additionally, the charges laid against Mr Abeyratne should be withdrawn and compensation should be provided to him. Finally, to ensure his safety, protection should be provided to the victim while investigations are being conducted.

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

Name of the victims: Mr U. Jayasiri Abeyratne 42, a married stone-brick maker, resident of 487 Galketiyagoda, Pthupitiya, Wadduwa
Name of alleged perpetrators:
Officers of the Traffic Branch, Wadduwa Police Sation
Date of the incident: 25 October 2004

On 25 October 2004, at about 7.30pm, U. Jayasiri Abeyratne was on his way to the shops to buy some schoolbooks for his daughter when he met one of his relatives and friends, Suseuhewage Asanka Kumarasiri, who was riding a bicycle. After briefly chatting with Mr Kumarasiri, Mr Abeyratne got on the bicycle, while his friend got onto the handlebar of the bike, and they rode off in the direction of the bookshop.

Soon after a lorry sped past and knocked into the bicycle. Mr Abeyratne only remembers that he, together with Mr Kumarasiri, was thrown high into the air before crashing to the ground unconscious. The next thing he recalls is waking up at the Panadura Hospital the following morning. He had been admitted to the hospital (ward no. 1), together with Mr Kumarasiri, having suffered severe injuries from the accident.

The following day, following an examination by the Hospital Judicial Medical Officer, both men were discharged from the hospital. At the request of the Wadduwa Police, both men visited the police station on their way home. A policeman at the Motor Traffic Division of the police station recorded Mr Abeyratne’s complaint regarding the accident and obtained his signature to the statement, though he did not read or explain its content, Mr Abeyratne says. A statement was also obtained in a similar fashion, from Mr Kumarasiri. At the same time as the statements were being taken, the driver of the lorry, together with several others, were also present at the station. One of the people offered Mr Abeyratne and Mr Kumarasiri Rs. 2000 in settlement of the case, but both men refused the offer. The police then said they would be filing a case pertaining to the incident.

Upon returning home, Mr Abeyratne became ill again. Therefore, on October 28 he returned to the Panadura Hospital where he stayed and received medical treatment for a period of three days.

According to Mr Abeyratne’s wife, who visited the Wadduwa Police station on the night of the accident, a Constable on duty told her that the lorry had been travelling without brakes and this is what caused the accident.

Ten days after the incident occurred, Mr Abeyratne returned to the police station to retrieve his bicycle. At the same time, he requested the registration number of the lorry. The police, however, would not release those details.

In early February 2005, two police officers from the Wadduwa police station (wearing civilian clothes) paid a visit to Mr Abeyratne at his home. There they handed him a court summons and told him to attend court on February 15.
One of the policemen also told him that while in court he should not retain a lawyer, he should merely get onto the dock and plead guilty and to bring Rs. 7500 with him. If not, the policeman threatened, the victim would be sent to prison for 6 months. The policemen also told Mr. Abeyratne, not to bring his relative, Mr. Kumarasiri when attending court. However, according to Mr Abeyratne, he was not informed of the offence he is supposed to have committed. “I am extremely perturbed, as I cannot understand why I am charged with a crime, when it was I who was knocked down and seriously injured by the lorry” he said.

Mr Abeyratne suspects that the reason for this miscarriage of justice is because the lorry that ran into him belongs to a major business enterprise (Kandurata Kuda – Up-country Umbrella-Makers), and that this was an attempt to cover up the incident by falsely charging him with negligently riding a cycle into the lorry.  Subsequent to meeting with activists at Janasansadaya, Mr. Abeyratne attended the Magistrate’s Court on February 15. However, contrary to police instructions, he retained a lawyer and pleaded not guilty to the charges against him. After the lawyer had explained the details of the incident to the magistrate, the magistrate released the victim on bail and fixed the case for inquiry on 7 June 2005. To the victim’s knowledge to date, neither the lorry driver or lorry owner have been charged with any offence.

This is yet another example of Sri Lankan police falsely implicating innocent people by charging them with crimes that they have not committed. After charging them with false crimes, the police then intimidate, threaten and coerce these people (often poor marginalised citizens) into pleading guilty so that the real criminals (often politically or economically influential), go free. In this case, despite the bicycle riders being the victim, and being hospitalised for their injuries to prove this, the lorry driver and owner emerge from the situation as the victors.

SUTGGESTED ACTION:
Please send a letter, fax and email to the authorities listed below and express your concern about this serious case.

 

 

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