UPDATE (Sri Lanka): Arrest of the family of a man who was allegedly killed by police torture

Dear friends,

The Asian Human Rights Commission (AHRC) has received information that the wife and daughter-in-law of Dehiwatte Gedera Jayathilaka, who was allegedly killed by police torture at the Mahawela Police Station on 9 March 2004, were arrested by the officers from the Matale Police Station at around noon of 14 October 2004. The wife’s name is I.D Karunawathi and her daughter-in-law’s name is I.G. Niluka Aluthgedara.

Meantime, a fundamental rights application regarding the alleged killing of D.G. Jayathilaka is pending in the Supreme Court. According to reports we have received, a criminal investigation into the alleged killing is also going on. The mother and daughter-in-law have been active in pursuing the case of D.G. Jayathilaka.

The AHRC is deeply concerned about the security of these two arrested persons. Please intervene into this case immediately. We also request you to send a letter to the local authorities demanding inquiry of this matter and that they ensure witness protection to the victim’s wife and daughter-in-law.

BRIEF REMINDER OF THE CASE OF D.G. JAYATHILAKA

Name of the victim: Dehiwatte Gedera Jayathilaka, 45, married with one son 
Address of the victim: No. 26, Golangala Village, Egodamulla, Devilla, Yatawatte 
Alleged perpetrators:  
1. Mr. Bandaranayake, the Sub Inspector (S.I.) of the Yatawatte Police Security Barrier 
2. Mr. Nawarathne, the Officer In Charge (O.I.C.) of the Mahawela Police Station  
3. Officers attached to the Mahawela Police Station  
Date of the incident: 9 March 2004 
Place of the incident: Mahawela Police Station

At around 1:00pm of 9 March 2004, Dehiwatte Gedera Jayathilaka was arrested by the officers from the Yatawatte Police Security Barrier, led by Sub Inspector (S.I.) Bandaranayake, which comes under the Mahawela Police, when he was in a bus station. The police accused Jayathilaka of possessing illicit liquor even though they could not find anything from his belongings. Then, the police took him to the Mahawela Police Station.

At about 6:30 p.m. of the same day, Jayathilaka’s son, D. G. Saliyathilaka Rupakumara, was informed by the Mahawela Police that his father was in custody at the police station, and was asked to come to the station to give to bail his father out. He went to the police station along with his relative named Senarath Chandrasekara by a three-wheeler. When he met his father at the police station, Jayathilaka told him that the police officers brutally assaulted him and he was suffering from severe pain on his whole body due to torture. After Rupakumara signed the bail form, Jayathilaka was released at around 11:00 p.m and they left the police station by a three wheeler.

On the way to home, Jayathilake asked his son to buy a bottle of wine saying that he wanted to have a drink to relieve the severe pain. Then Rupakumara went to a wine shop at Yatawatte and came back to the three- wheeler after 10 minutes. Even though he wanted to take his father to see a doctor, Jayathilake said he would go to the hospital the next morning.

Because their house was located in a hilly area, Jayathilake got out of the three wheeler and walked towards the house, while his son went to park the three-wheeler at the near place which is 350m far from his house. When Rupakumara came to his house, he found that his father was not there. Because his father normally comes home late at night, he thought that his father went somewhere and went to sleep keeping the front door open.

On the following day morning (10 March 2004), Jayathilake’s body was found in front of the house of his neighbor named Somawathie. Rupakumara has made a complaint at the Mahawela Police Station about the torture of his father by the police, which brought his father’s death. But according to him, his statement was not properly written by the police. At the same day, the people of the village gathered in Mahawela Town and protested against Mr. Nawaratne, the Officer In Charge (O.I.C ) of Mahawela Police Station and S.I Bandaranayake.

The victim’s body was taken to the Kandy hospital for the postmortem and sent back to his house on 11 March 2004. The Judicial Medical Officer (J.M.O.) of Kandy, who examined the victim’s body, has certified at the inquest that the victim’s ribs were broken and bruises were found on his body. It is reported that all the funeral arrangements for the victim were done by the Mahawela Police.

SUGGESTED ACTION:
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