SRI LANKA: Narratives of Torture 

Fabrication of Charges, delayed for 08 Years. 

Pathrage Don Jayathilaka is a 56 years old unmarried farmer. He is a resident of Molkava, a village in the Kalutara district. His brother P. D Sunil, is a stickman and also a drunker. Because of his brother’s illness, the Baduraliya police used to arrest Jayathilaka instead of his brother. In every occasion when they fabricate charges, Jayathilaka had to pay fine to be released and to be prevented from embracement of lawsuits. In this manner, Jayathilaka paid fines at the courts more than ten times.

On 21 October 2003, Baduralaiya police arrested Jayathilaka. Three policemen including Leelarathna took part in this arresting. At the police station, Leelaratna tried his best to obtain Jaythilaka’s signature on a confession forcibly.

They fabricated charge on Jayathilaka for the possession of 8 drams of arrack. But, this time he refused to sign a confession and pleaded guilty. At this time, the so called policeman Leelaratna threatened and assaulted him with an iron chair and kicked on his stomach.

On 22 October 2003, he was produced in the Mathugama Magistrate Court. To refrain from this police embracement Jayathilaka pleaded innocence against the fabricated charges. Then a money bail of Rs.5000/= was ordered for his release, but there was no body to pay the bail money. So he was remanded until 28.10.2003.

On that day, his sister by mortgaging her gold ornaments, paid the bail money and helped Jayathilaka to be get out. The number of the fabricated lawsuit is 60954.

Jayathilaka complained to relevant authorities including the Human Rights Commission and the National Police Commission about the illegal arrest, torture and fabrication of charges. But there was no response.

The case was delayed two years, because of the absence of police in court and another two years for the delay in submitting government analyst report.

After 8 years of court delay, on 19.08.2011, Jayathilaka was acquitted from the fabricated lawsuit. He complained against police for their delay in proving charge against him that could be accounted as something beyond reasonable doubt.

Jayathilaka now seeks justice. He complained, once again, on 12.10.2011.

to relevant authorities including IGP, Human Rights Commission and Police Commission.

 

It’s not a prison, but a “Chamber for torture”.

Henegoda Withanachchige Gamin, a 41 years old planter, married with three children, is a resident of Udugama, Galle.

This incident took place on 16.06.2011. Numbers of police men attached to Udugama police came to the house of Gamini and assaulted him until he became unconscious. A policeman called Wijenayaka involved and took main part in the beating of Gamini.

After the assault, Gamini was treated both in Udugama hospital and Karapitiya teaching hospital. After that he was remanded in the H ward of the Galle prison on fabricated charges by Udugama police.

According to his description, the said prison is very ideal to describe as a torture chamber.

“At school we were told that human beings have rights. But in the prison not even a single right was respected. In prison only 8 – 10 buckets of water was provided to bath. Prison officers assault prisoners immensely. The beauty that is shown in the television, does not exist there. Every illegal drug is freely available inside the prison. But we do not know as to how they are brought inside. Prison is overcrowded always and so we could not eat the food provided there. Prisoners are not treated as human beings.”

After Gamini was bailed-out, he had to undergo medical treatments. But the law is not implemented against the perpetrators, the policemen attached to Udugama police who committed both grave crimes i.e. torturing and fabricating charges. Basing on his prison experience, Gamini described the whole scenario which exhibits as to how the results of jungle laws prevail in the country.

( This article is from Chitrangi.wordpress.com. source: Janasansadaya)

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Document Type : Forwarded Article
Document ID : AHRC-FAT-059-2011
Countries : Sri Lanka,
Issues : Torture, Victims assistance & protection,