Dear friends,
The Asian Human Rights Commission (AHRC) writes to inform you that a man was brutally tortured by the police, who subsequently filed fabricated charges against him on 23 December 2005. The victim, P.K.G. Jayawardena (46), was tortured by policemen attached to the Thambuththegama Police Station following his arrest. The policemen, one of whom was identified as Sub Inspector Mendis, repeatedly hit the victim with a pole all over his body.
After the incident, the victim filed a complaint against the policemen involved before the Thambuththegama Police Station the same station where the victim was detained and where the alleged perpetrators are assigned. Even though the police recorded the victims statements, the AHRC is deeply concerned that any investigation into this case will not be impartial if the same allegedly persons responsible for the attack are also to inquire into it.
Your urgent intervention is required to request for an impartial and independent investigation by the Special Investigations Unit regarding Jayawardenas case. All the records and documents on his case must also be turned over to them. Additionally, the charges against the victim in Court must be dropped unconditionally.
Finally, please urge the concerned government agencies in Sri Lanka to take effective and adequate steps on Jayawardenas case in accordance with the Convention against Torture Act No. 22 of 1994. Appropriate compensation and reimbursement of the victims medical expenses must be afforded to him without delay.
Urgent Appeals Programme
Asian Human Rights Commission
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DETAILED INFORMATION:
Name of the victim: P.K.G. Jayawardena (46), married, Rajanganaya Gemunupura
Alleged perpetrators: Sub Inspector Mendis and three policemen attached to the Thambuththegama police station (near Anuradhapura)
Date of incident: 23 December 2005
Case Details:
On 23 December 2005, at around 10:30pm four policemen wearing plain clothes, one of whom was Sub Inspector Mendis, arrived at the house of P.K.G. Jayawardena. The police searched Jayawardenas house and subsequently arrested him. The police also took a sword being kept by the victim from his house.
According to the victim, the policemen started assaulting him after his arrest. He was taken to a nearby boutique and was forced to return the goods he allegedly stole. All the four policemen repeatedly hit him with poles. The torture lasted for about two hours. When the victims mother and his siblings went to the place and tried to stop the police, they were set upon by the police, who threatened to torture them as well. The victims relatives ran for safety.
After that, the police took the victim to a nearby cemetery where he was again severely beaten for about half an hour. He was then taken to a nearby school where the police forcibly dragged him out of the police vehicle they were riding in. At around 2am the next day, he was taken to the Thambuththegama police station where he was briefly detained.
At about 5pm the police took him to the Thambuththegama hospital. The victim then told the doctor at the hospital that he was tortured by the policemen. He was taken to the Magistrates official residence and the lawyer who represented him informed the Magistrate of the torture committed by the policemen against the victim. The victim was released on bail.
Following his release, at around 6:30pm the victim went back to the Thambuththegama police station the same police station where he was detained and the policemen who tortured him were assigned. He lodged a complaint against the alleged perpetrators. It was recorded as 70/377/ CIB 2005/12/24. A policeman assigned to his complaint case gave him a hospital form and told him to proceed to the hospital. At around 8pm, he was transferred to the Anuradhapura hospital where he was admitted for treatment for two days. He is adamant that he was falsely accused of a crime and that the police fabricated charges against him in order to conceal their crimes of torturing him.
SUGGESTED ACTION:
Please send letters to the relevant persons listed below and raise your concern regarding P.K.G. Jayawardenas case.
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SAMPLE LETTER
Dear _________,
Re: SRI LANKA: Brutal torture of a man and subsequent filing of fabricated charges against him by the Thambuththegama police
Name of the victim: P.K.G. Jayawardena (46), married, Rajanganaya Gemunupura
Alleged perpetrators: Sub Inspector Mendis and three policemen attached to the Thambuththegama police station (near Anuradhapura)
Date of incident: 23 December 2005
I am writing to draw your attention to the case of P.K.G. Jayawardena who was allegedly brutally tortured and subsequently charged with a fabricated case by policemen attached to the Thambuththegama police station on 23 December 2005. The victim was tortured following his arrest over allegations of theft.
I have learned that four policemen from the Thambuththegama police station, one of whom was identified as Sub Inspector Mendis, arrested Jayawardena at his residence. He was taken to different places where he was brutally tortured by being beaten with poles. The victims mother and his siblings were also harassed and threatened when they tried to stop the policemen from torturing him. The victim was then taken to the police station where he was briefly detained.
While I appreciate the effort of the Thambuththegama police station to record the victims complaint against their fellow policemen, I am deeply concerned that an impartial and independent investigation cannot be guaranteed if they are to conduct the inquiry themselves. Additionally, the records and documents relating to the victims complaint would be at risk of possible tampering or destruction since the alleged perpetrators are still working at the said police station.
I therefore urge your immediate intervention to ensure that the complaint is investigated by the Special Investigations Unit to ensure its independence and impartiality. The records and documents relating to the case must also be forwarded to them. Charges against the victim filed by the police must be dropped. Once the investigation commences, the policemen involved must be suspended from their duty. Indictment for violation of the Convention against Torture (CAT) Act No 22 of 1994 must be filed against them if the allegations are found to be true.
I also urge the government agencies concerned to ensure that the victim is afforded with appropriate compensation and rehabilitation and is reimbursed for his medical expenses in accordance with the CAT Act of Sri Lanka.
I also take this opportunity to remind the Government of Sri Lanka of the conclusions and recommendations provided to it by the Committee against Torture at their 35th session in November 2005. Relevant to this case is the need for a prompt and impartial investigation (article 12), protection from intimidation and threats (article 13), and the providing of appropriate rehabilitation (article 14).
I trust that you will take immediate action in this case.
Yours sincerely,
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PLEASE SEND LETTERS TO:
1. Mr. Chandra Fernando
Inspector General of Police (IGP)
New Secretariat
Colombo 1
SRI LANKA
Fax: +94 11 2 440440/327877
2. Mr. K. C. Kamalasabesan
Attorney General
Attorney General's Department
Colombo 12
SRI LANKA
Fax: +94 11 2 436 421
3. 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. Mr. J Thangawelu
DIG Legal
Police Headquarters
Colombo 1
SRI LANKA
Fax: 94 11 2381 394
Email: legaldiv@police.lk
6. His Excellency the Hon. Mr Mahinda Rajapakse
President Socialist Democratic Republic of Sri Lanka
C/- Office of the President
Temple Trees
150, Galle Road
Colombo 3
SRI LANKA
Fax: +94 11 2472100 / 2446657
Email: secretary@presidentsoffice.lk
7. 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)
E-mail: ssyed@ohchr.org
8. Ms Leila Zerrougui
Chairperson
Working Group on Arbitrary Detention
c/o Miguel de la Lama
OHCHR-UNOG
1211 Geneva 10
SWITZERLAND
Fax: +41 22 917 9006 (ATTENTION: Working Group on Arbitrary Detention)
Email: mdelalama@ohchr.org
Thank you.
Urgent Appeals Programme
Asian Human Rights Commission
