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ASIAN HUMAN RIGHTS COMMISSION - URGENT APPEALS PROGRAM

4 August 2005
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UA-135-2005: SRI LANKA: Assault of two men in separate incidents by policemen from Wellawaya and Badureliya police stations

SRI LANKA: Illegal arrest and detention; Torture; Impunity
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Dear friends,

The Asian Human Rights Commission (AHRC) has received information that two men were injured, one of whom was hospitalised, after several policemen from the Wellawaya and Badureliya police stations assaulted them in separate incidents. Victim Ranshadhi Pethiyalage Jayasinghe (40) was illegally arrested, detained and tortured by the policemen from Wellawaya on 24 July 2005 while Kadinappulige Ajith Suranga (40) was severely beaten by policemen from Badureliya on July 30.

The attack on Jayasinghe took place after he complained of the Wellawaya police station's inaction and failure to take action against their fellow policemen involved in a July 3 assault on him. He was illegally arrested, detained and tortured for making such complaints. After Jayasinghe's arrest, the police brought him before the Magistrate court. But the Magistrate court ordered for his release because there was no charged filed against him. This practice of harassing and intimidating victims of torture is common in Sri Lanka every time victims lodged complaints against the police.

Meanwhile, police officials from the Badureliya are reportedly trying to cover up the case of Suranga by concealing information implicating his men in the assault of Suranga. Even though Suranga's mother has reported the incident to the Assistant Superintendent of the Police (ASP) Matugama, the complaint has shown no progress.

We urge for your immediate intervention in this case. Please pressure the Sri Lankan government, in particular the National Police Commission (NPC), to place those policemen at the Wellawaya and Badureliya police under investigation. Once an independent inquiry is conducted, and if allegations are proven true, charges must be filed as stipulated in the Convention Against Torture (CAT) Act of 1994 of Sri Lanka.

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

CASE NO. 1
Name of the victim:
Ranshadhi Pethiyalage Jayasinghe (40), married with three children, and living in Nikadalupotha, Kurunegala. He is a farmer.
Date of the incident: 24 July 2005
Alleged perpetrators: Policemen from Wellawaya police station

Two men, namely Ranshadhi Pethiyalage Jayasinghe (40) and Kadinappulige Ajith Suranga (24), were injured after they were assaulted by policemen from the Wellawaya and Badureliya police stations, in separate incidents on July 24 and July 30, 2005.

On July 24, at about 12 midnight, approximately four policemen from the Wellawaya police arrived at the house of Ranshadhi Pethiyalage Jayasinghe. One of them was in uniform whilst the others were in civil clothes.  Two of the policemen hit and forced the door open as they shouted Jayasinghe's name. They said they had a warrant for his arrest. But when the victim’s wife questioned the warrant of arrest, the said policemen instead scolded her in foul language.

The wife tried to explain that they had not been informed of any warrant issued for her husband's arrest. But the policemen continued on shouting foul language at her. Later, two policemen who earlier entered the house instructed their fellow policemen outside to bring the jeep close to the house.  There were four policemen onboard. Jayasinghe was dumped into the police jeep.

The policemen then proceeded to several other places carrying the victim with them. It was not until around 6:00am the next day before they arrived at the Wellawaya police station and placed the victim in the detention cell. At about 9:00 am they took him to meet the Officer in Charge (OIC). The OIC asked him: “you have complained against us for not recording your statement at hospital haven’t you?”

About 11:30 am, Jayasinghe was taken to the Kurunegala Magistrate’s Court where the lawyer appearing on his behalf informed the court that there is no warrant against his client even though the police insisted that there was. The Magistrate ordered for Jayasinghe's release and fixed the case B 23496 for 5 December 2005.
 
Prior to the incident, Jayasinghe said that on July 3 he was assaulted by several Police Constables (PC) at the Wellawaya police stations, one of whom was PC Jinendra. When he asked to register his complaint for the assault on him, they at first refused to accept his complaint, but later agreed to.  Nevertheless, he filed a complaint that the police failed to take any action on his case. The victim strongly believes that he was arrested, illegally detained and produced in court in retaliation for his complaint against the police.

CASE 2:
Name of the victim:
Kadinappulige Ajith Suranga (24), married with one child and living in KelinKanda, Agalawatte. He is a member of the the Pioneer Corp, Sri Lanka Army
Date of the incident: 30 July 2005
Alleged perpetrators: Policemen from Badureliya police station

On July 30, Kadinappulige Ajith Suranga was participating in a musical show held at the Moraketiya Town together with his relatives and friends. Whilst participating in the event, several policemen of the Badureliya police severely assaulted him. According to his mother, R.H. Suneetha, one policeman hit him on the face, causing serious injuries.

As a consequence he was continuous to be hospitalised at the Badureliya Hospital. The mother also opined that there is now a serious attempt being made to conceal this case, particularly by the OIC of the Badureliya Station.  Accordingly on 2 August 2005 the mother complained about the victim’s torture to the ASP, Matugama.

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Suggested letter:

Dear ________,

Re: SRI LANKA: Assault of two men in separate incidents by policemen from Wellawaya and Badureliya police stations

Name of the victims:
1.) Ranshadhi Pethiyalage Jayasinghe (40), married with three children, and living in Nikadalupotha, Kurunegala. He is a farmer.
2.) Kadinappulige Ajith Suranga (24), married with one child and living in KelinKanda, Agalawatte. He is a member of the the Pioneer Corp, Sri Lanka Army
Date of incidents: July 24 and July 30, 2005
Alleged perpetrators: Policemen from the Wellawaya and Badureliya police stations

I am writing to express my deep concern regarding the assault on Ranshadhi Pethiyalage Jayasinghe (40) and Kadinappulige Ajith Suranga (24) by the policemen from the Wellawaya and Badureliya police stations on July 24 and July 30, respectively. I have learned that the perpetrators remain unpunished.

Jayasinghe is no longer in police custody. However, the policemen from the Wellawaya police stations, including their Officer in Charge (OIC), involved in assaulting the victim have not been investigated, and therefore no charges have been filed against the alleged perpetrators. I also learned that the latest attack on Jayasinghe was apparently in retaliation for his complain about the police inaction into his complaint against their fellow policemen who previously assaulted him on July 3.

I am also aware that the policemen from Badureliya police perpetrators, who allegedly assaulted Suranga on July 30 have allegedly tried to cover up the incident by concealing information of the case. The victim is presently in a serious condition at the hospital. Although the incident has been reported to the Assistant Superintendent of the Police (ASP) Matugama, the said complaint has not shown any progress. The victim has also received no assistance.

I urge your intervention to ensure that an immediate and independent inquiry is conducted in these two cases. The Sri Lankan government, in particular the National Police Commission (NPC) and the National Human Rights Commission (NHRC) must take steps to prosecute the perpetrators under the Convention Against Torture Act (CAT) of 1994 if the allegations are found to be true.

An immediate restrictions and administrative sanctions must be imposed against the policemen at the Wellawaya and Badureliya police stations once the investigation commence, and while in progress to prevent them from influencing the outcome of the investigation.

I trust that you will take action in this case.

Respectfully yours,

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SEND A LETTER TO:

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

2. Mr. K. C. Kamalasabesan
Attorney General
Attorney General's Department
Colombo 12
SRI LANKA
Fax: +94 11 2 436421

3.  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

4. 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 

5. 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)

Thank you.

Urgent Appeals Program
Asian Human Rights Commission (AHRC)