Dear friends,
Mahesh Kumara Fernando of Boralessa, Naththandiya, Puttalam District was illegally arrested, detained and tortured by police officers of the Wennappuwa Police Station. On 15th August 2016, he had an argument with his friend which never before turned violent. A telephone call to the police, by a neighbor, put into motion the following actions. He was arrested, tortured and later produced before the Marawila Magistrate. Fabricated charges were filed that he manufactured illicit liquor- which he denied. Although the police sought to get a remand order, the magistrate released him on bail. He was admitted to the Marawila Base Hospital for treatment. Even though the police initiated a special inquiry into the incident, under the supervision of an Assistant Superintendant of Police, the victim states that he has not yet received any justice.
CASE NARRATIVE:
On 15th August, 2016 while Mahesh was at home, one of his friends arrived. They conversed for some time when the conversation turned into a heated exchange which was neither violent nor harmful. Later Mahesh learned that one of his neighbors had called the Wennappuwa Police Station and informed them of the incident. After several hours, police officers arrived at his house. Without formally giving any reasons, both Mahesh and his friend were arrested, brought to the Wennappuwa Police Station and detained.
At the police station Mahesh was tortured by police officers. He was hit with kicks and fists to his back, hands, legs and chest. He was threatened that he would be produced before the Marawila Magistrate on charges of making illicit liquor. Mahesh vehemently refuted the allegation and refused to accept the charge. When the police requested that he sign for the documents prepared by the police, he declined.
On 16 August 2016, Mahesh was produced before the Marawila Magistrate charged with manufacturing illicit liquor. While he was before the magistrate, the police stated that they picked up ingredients in his possession which could be used to produce illicit liquor.
Mahesh states that at the time of his arrest the police never seized any elements or equipment that could be used to produce illicit liquor. Furthermore, while in police custody, no police officer showed him any equipment which could be used in this way.
Mahesh stated that the police intentionally filed a fabricated charge against him knowing well that he had no such involvement in his life. Furthermore, he says that police filed the charge as a cover up of the fact that they tortured him. After producing him before the magistrate, seeking a 14 day remand order to conclude the investigation, the magistrate released him on bail.
As soon as he was released from the court, Mahesh was admitted to the Marawila Base Hospital for treatment. He was seen in the In-Service Department by several medical personnel who examined him. Later he learned that some national media outlets covered the incident. They exposed the brutality of his torture by the police. Responding to the BBC Sinhala Service, the Chief Inspector (CI) of Wennappuwa Headquarters Police Station, Wasantha Kumara admitted to the arrest, detention and torture of Mahesh. By way of clarifying the problem, the CI stated that the police have initiated a special investigation into the incident under the supervision of an Assistant Superintendant of Police (ASP).
On the evening of 16 August 2016, while Mahesh was in the hospital, the ASP recorded his statement. Mahesh revealed the names of eye witnesses who can testify to the way in which he was tortured and identify the responsible police officers. The ASP informed him that he was going to record the statements of the eye witnesses on 17 August 2016, the next day.
Mahesh states that even though statements were recorded, he has not received any justice up to now. Not one of the officers who tortured him has been arrested and produced before the courts. He continues to seek justice for himself.
SUGGESTED ACTION:
Please write to the authorities listed below expressing your concern about this case. Request an immediate investigation into the allegations of illegal arrest, detention, torture and filing of fabricated charges by the police. Those proven to be responsible under the law need to be prosecuted.. The officers involved should be subject to an internal investigation for breach of Police Departmental orders.
To support this case, please click here: SEND APPEAL LETTER
SAMPLE LETTER
Dear ________,
SRI LANKA: An innocent man arrested, detained and tortured by Wennappuwa Police
Name of Victim: Mahesh Kumara Fernando of Boralessa, Naththandiya in Puttalam District
Alleged perpetrators: Officers attached to the Wennappuwa Police Station
Date of incident: 15th August 2016
Place of incident: Wennappuwa Police Division
According to the information I have received on 15th August, 2016 while Mahesh was at home, one of his friends arrived. They conversed for some time when the conversation turned into a heated exchange which was neither violent nor harmful. Later Mahesh learned that one of his neighbors had called the Wennappuwa Police Station and informed them of the incident. After several hours, police officers arrived at his house. Without formally giving any reasons, both Mahesh and his friend were arrested, brought to the Wennappuwa Police Station and detained.
At the police station Mahesh was tortured by police officers. He was hit with kicks and fists to his back, hands, legs and chest. He was threatened that he would be produced before the Marawila Magistrate on charges of making illicit liquor. Mahesh vehemently refuted the allegation and refused to accept the charge. When the police requested that he sign for the documents prepared by the police, he declined.
On 16 August 2016, Mahesh was produced before the Marawila Magistrate charged with manufacturing illicit liquor. While he was before the magistrate, the police stated that they picked up ingredients in his possession which could be used to produce illicit liquor.
Mahesh states that at the time of his arrest the police never seized any elements or equipment that could be used to produce illicit liquor. Furthermore, while in police custody, no police officer showed him any equipment which could be used in this way.
Mahesh stated that the police intentionally filed a fabricated charge against him knowing well that he had no such involvement in his life. Furthermore, he says that police filed the charge as a cover up of the fact that they tortured him. After producing him before the magistrate, seeking a 14 day remand order to conclude the investigation, the magistrate released him on bail.
As soon as he was released from the court, Mahesh was admitted to the Marawila Base Hospital for treatment. He was seen in the In-Service Department by several medical personnel who examined him. Later he learned that some national media outlets covered the incident. They exposed the brutality of his torture by the police. Responding to the BBC Sinhala Service, the Chief Inspector (CI) of Wennappuwa Headquarters Police Station, Wasantha Kumara admitted to the arrest, detention and torture of Mahesh. By way of clarifying the problem, the CI stated that the police have initiated a special investigation into the incident under the supervision of an Assistant Superintendant of Police (ASP).
On the evening of 16 August 2016, while Mahesh was in the hospital, the ASP recorded his statement. Mahesh revealed the names of eye witnesses who can testify to the way in which he was tortured and identify the responsible police officers. The ASP informed him that he was going to record the statements of the eye witnesses on 17 August 2016, the next day.
Mahesh states that even though statements were recorded, he has not received any justice up to now. Not one of the officers who tortured him has been arrested and produced before the courts. He continues to seek justice for himself.
I request the intervention of your good offices to ensure that the authorities listed below open an immediate investigation into the allegations of illegal arrest, detention, torture and filing of fabricated charges by officers of the Sri Lanka Police Department. The officers involved must be subject to an internal investigation for breach of Police Departmental orders.
Yours sincerely,
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PLEASE SEND YOUR LETTERS TO:
1. Mr. Pujith Jayasundara
Inspector General of Police
New Secretariat
Colombo 1
SRI LANKA
Fax: +94 11 2 440440 / 327877
E-mail: igp@police.lk
2. Mr. Jayantha Jayasooriya PC
Attorney General
Attorney General’s Department
Colombo 12
SRI LANKA
Fax: +94 11 2 436421
E-mail: ag@attorneygeneral.gov.lk
3. Secretary
National Police Commission
3rd Floor, Rotunda Towers
109 Galle Road
Colombo 03
SRI LANKA
Tel: +94 11 2 395310
Fax: +94 11 2 395867
E-mail: npcgen@sltnet.lk or polcom@sltnet.lk
4. Secretary
Human Rights Commission
No. 36, Kynsey Road
Colombo 8
SRI LANKA
Tel: +94 11 2 694 925 / 673 806
Fax: +94 11 2 694 924 / 696 470
E-mail: sechrc@sltnet.lk
Thank you.
Urgent Appeals Programme
Asian Human Rights Commission (ua@ahrc.asia)
