13. Asela Bandara- Hr Pren - New

NAME

-

DODANTENNE GEDARA PREMATHILEKE

AGE

-

38 YEARS OLD

INCIDENT On 08th January 2004 several persons including two in police uniform came to the victim’s house and assaulted him several times and took him to the Katugastota police station. At the police station too the victim had been further tortured and released only on the following day. A victim had been severely beaten on his head. Chest hands, legs and face.

THE STEP WE TAKE AS A HUMAN RIGHTS ORGANIZATION  Informed and updated all necessary data to the National & international Human Rights Organizations & to the Urgent Appeals desk at Asian Human rights commission.  Investigate and find out all details about the case.  Admit the treatment.

victim

in

the

general

hospital

 Filing a FR application in the Supreme Court of Sri Lanka under No.SC/FR/79/2004

for

Present Status An inquiry is pending at the National Human Rights Commission under No. HRC 224/4. He has informed us that the Police concerned have forced him to withdraw his FR applications, and promised to compensate him with Rs.200,000/-. Since the victim did not agree to the above settlement, the Police have falsely and maliciously arrested him, and instituted action on fabricated charges several times. He was arrested and remanded for one month on the above fabricated cases. He is presently employed in Colombo, and was compelled to do so as there are threats to his life

NAME – JAYASEKARA VITHANAGE SAMAN PRIYANKARA AGE

- 32 YEARS OLD

INCIDENT On the 5th of January 2004 at around 4 p.m. or 5 officers from the Matale Police Station came to the house of the Victim took him to the Police station. SI Pananwala started to beat him and told another officer to boil some water in the jug and poured the boiling water down his right leg from the hip downwards. The victim was warned not to report the incident to any one or take any treatment and released at around 12 noon on the 6th of January 2004. After he was sent home the Police kept visiting his house to see if the victim had taken any

THE STEP WE TAKE AS A HUMAN RIGHTS ORGANIZATION  Informed and updated all necessary data to the National & international Human Rights Organization & to the Urgent Appeals desk at Asian Human rights commission.  Investigate and find out all details about the case.  Admit the victim in the general hospital for treatment.  Filing an FR application in the Supreme Court of Sri Lanka under No. SC/FR/78

Present Status The victim has been approached for a settlement by the perpetrators and also promised a sum of Rs. 700,000/-. The Kandy coordinator of the Police Commission too had been instrumental in trying to persuade the victim to settle. Thereafter the victim was subject to several court cases, and remanded on false and malicious grounds against him. In one such instance the victim was arrested and tortured by the Matale Police, of which he sustained permanent injuries to his right ear. During his above arrest we managed to inform all authorities concerned, and to get him produced before a Magistrate, and got him

NAME - D.G. ATHULA SAMAN KUMARA.

INCIDENT On the 16th of February 2004, the victim was arrested without being informed of the reason for arrest and was severely tortured by Officers attached to the Katugastota Police station. He had been detained unlawfully for four days at the time the complaint was made to us. We were informed of the incident by the wife of the victim Mrs. S.W.Indrani. She also informed us that the police officers were very rude to her and treated her (who was at that time 4 months pregnant) in a degrading and inhuman manner. We immediately informed the National Human Rights Commission, the National Police Commission and Asian Human Rights Commission. We also took steps to speak to the Police concerned to get him released or produced before a Magistrate.

PRESENT STATUS An inquiry is pending in the Police Commission under No. PC/KND/44.

NAME – DEHIWATTE GEDARA JAYATHILAKA AGE – 48 YEARS OLD

INCIDENT On the 9th of March 2004 the victim was arrested by the officers of the Mahawela Police, while he was at the bus station. The charge was that the victim was possessing illicit liquor. He had been brutally assaulted and tortured by the officers of the said police and released on the same night. On the following morning the dead body of the victim was found lying in front of a house of a villager. At the postmortem the Matale Magistrate had decided that the death occurred due to an assault by a blunt weapon.

The step we take as a Human rights organization Informed the Asian Human Rights Commission, National Human Rights Commission and the National Police Commission. Filed a FR case in the Supreme Court under No. SC/FR/175/2004

PRESENT STATUS On the 14th of October 2004, the wife and the daughter-in-law of the victim were arrested following an attempt to get the FR applications withdrawn by the victim’s family. We immediately informed the relevant authorities and got them released. A case was filed in court in this regard in the Magistrate’s Court. The FR application has been granted leave to proceed. An order has been made on the Magistrate’s Court of Matale, to produce the Post Mortem Report with immediately effect in the Supreme Court. An Inquiry is HRC/442/2004.

pending

in

the

An Inquiry is pending in the NPC.

NHRC

under

No.

NAMES – SIVABALAN BALAKRISHNAN (19) NILAMESHAN SELVAKUMAR (18) ANTHONYSAMY ANANDAKUMAR (21)

INCIDENT The 3 victims, were hired once before by the a police officer for a certain job for which they were not paid. They were once again asked by the same officer to do some job for him which they refused for the reason of him not paying them before. On the said refusal, the police officer on the 22nd of July 2004, came to where they were working and arrested them and took them to the Matale Police station and severely and brutally tortured them. They were beaten on their chests, stomachs, soles of their feet and heads. They were there after put in a squatting position with their hands tied in front of their knees, and a pole passed under the knee between one’s knee and arms. There after they were lifted by the said pole which was placed between two tables and were beaten by cricket stumps on the soles of their feet. This is

THE STEP WE TAKE AS A HUMAN RIGHTS ORGANIZATION Informed :The Asian Human Rights Commission, National Human Rights Commission and The National Police Commission.

PRESENT STATUS An inquiry is pending at the NHRC under No. HRC/3936/04/RC/iii. Steps are being taken to file a FR application.

NAME - T.G. HEEN BANDA AGE

- 46 Years OLD

INCIDENT On 21st June 2004 the victim while waiting for a bus at night, a police jeep stopped near him and the OIC of the Hangurankethe Police called him towards the vehicle. On approaching the drivers side of the vehicle the OIC who was at the drivers’ seat suddenly and forcefully opened the door of the jeep so that the victim got thrown away, as a result of the impact. When the victim tried to get up from his fallen position, the OIC kicked and beat him and thereafter he was taken and thrown into the jeep and was further beaten. He was there after dropped at a lonely spot and the police officers fled. The victim’s left eye was thoroughly injured

THE STEP WE TAKE AS A HUMAN RIGHTS ORGANIZATION Informed :The Asian Human Rights Commission, National Human Rights Commission and The National Police Commission.

PRESENT STATUS An inquiry is pending at the NHRC under HRC/4178/04/RC An

inquiry

is

pending

in

the

Police

NAME –

W.P.LIONEL WEERASINGHE.

AGE –

33 YEARS OLD.

INCIDENT The victim was arbitrarily arrested and brutally tortured by police officers attached to the Yatawatta Police station on the 16th, 17th July 2004. The victim was allegedly charged of stealing Cinnamon worth Rs 80,000/- without any evidence. Further more the Police pricked the tips of the victim’s fingers and toes with needles. The Police also made the victim squat and inserted a pole behind his knee and arm and brutally beat him for about 1 ½ hours while he was turning like a wheel.

THE STEP WE TAKE AS A HUMAN RIGHTS ORGANIZATION Informed :The Asian Human Rights Commission, National Human Rights Commission and The National Police Commission.

PRESENT STATUS An inquiry is pending at the NHRC An Inquiry is pending at the NPC under No. NPC/PC/04/159

NAME - K.L.W.LIYANAGE AGE

-

54 YEARS OLD

INCIDENT On the 17th of July 2004 while the victim was returning from work from Colombo, in the night, a police jeep stopped near him and asked him his name. Thereafter he was hand cuffed and beaten and taken in to the jeep by 7 police officers. He was also severely beaten on the way in the vehicle. Thereafter they had stopped half way and taken out of the vehicle and brutally beaten until he lost consciousness. When he recovered he was taken to the Gampola Police station and beaten further. He was produced before the Magistrate and admitted in hospital.

THE STEP WE TAKE AS A HUMAN RIGHTS ORGANIZATION Informed :The Asian Human Rights Commission, National Human Rights Commission and The National Police Commission.

PRESENT STATUS An inquiry is pending at the NHRC under No. HRC/4062/04/iii An Inquiry is pending at the NPC

NAME - K.G.DHARMASIRI AGE

- 32 YEARS OLD

INCIDENT On the 2nd of August 2004, the victim was assaulted by a police officer of the Hasalaka Police station while he was at a shop near his home, severely injuring him on his left hand and having a permanent effect on him. He was suspected of making illicit liquor, but according to the victim the police is supposed to have a personal enmity towards him.

THE STEP WE TAKE AS A HUMAN RIGHTS ORGANIZATION Admitted the victim in the general hospital and gave him medical attention and got a surgical operation done on his fingers for correction. Informed the Asian Human Rights Commission, National Human Rights Commission and the National Police Commission.

PRESENT STATUS An inquiry is pending at the NHRC An Inquiry is pending at the NPC

NAME -

KUMARI

AGE

18 YEARS OLD

-

INCIDENT Kumari Rupika, 18 years of age, was raped on 29th November 2003 by Sumeda Sampath Rathnasinghe, when she was returning home after work in Dambulla. The perpetrator is a married man and had committed this crime while his wife was away. He had dragged Kumari forcibly to his house and tied her with strips of cloth, wires and forcibly poured alcohol in her mouth and raped her twice, threatening her throughout of killing her. The victim had escaped and had lodged a complaint in the Police the very same night and came to Setik seeking redress. She also informed us that Sumeda is the son-in-law of a politician of the area and that she and her family believe that

THE STEP WE TAKE AS A HUMAN RIGHTS ORGANIZATION  Arranged a secure place for the victim to spend the initial few weeks.  Provided counseling to the victim and her family.  Our Lawyers appeared on behalf of the victim in the Magistrate’s Court of Dambulla.  Assisting the victim financially.

PRESENT STATUS On the 19th of July 2004, after 7 dates of Trial the case was committed to the High Court as the Magistrate found that there was enough evidence of rape, to do so.

NAME -

SHAMALI

AGE

20 YEARS OLD

-

INCIDENT Shamali, 20 years of age, was raped on 13th of April 2004 by Sarath, who was a supporter of a politician soon after the election victory in Nawalapitiya. On the night of the 13th Of April 2004, she was sleeping with her grand mother when she was suddenly awakened by a flash of a torch. Then the perpetrator had broken open the front door. He had beaten the victim’s grand mother and she was carried away from the house while they were screaming for help. The time being just after the election no one had come to their rescue as there was a general scare of post election violence. Shamali was brutally raped a few meters away from her home and the perpetrator had run away. The criminal being a supporter of a Member of Parliament in power, the investigations were delayed and not properly carried out.

THE STEP WE TAKE AS A HUMAN RIGHTS ORGANIZATION  Provided counseling to the victim and her family.  Our Lawyers appeared on behalf of the victim in the Magistrate’s Court of Gampola,  Objected to granting bail to the perpetrator,  Moved court to order the Police to start the investigations afresh.  Make continuous applications in court to get the Police to carry out various parts of the investigations according to the due procedure. PRESENT STATUS  Provided counseling to the victim and her family. Non summary case pending Magistrate’s Court of Gampola.

in

the

NAME -

SAROJINI

AGE

11 YEARS OLD

-

INCIDENT Sarojini, who is 11 years of age, was raped by her father in the absence of the mother who was abroad for employment. On her returning the mother found out about the daughter’s plight and came to Setik for assistance.

THE STEP WE TAKE AS A HUMAN RIGHTS ORGANIZATION  Appeared in the Magistrate’s Court and objected to granting of bail to the perpetrator.  Provided counseling to the victim and her mother.  Providing a safe place for the victim.

PRESENT STATUS Case pending in the Magistrate’s Court of Kandy.

We are looking For a just society where there will be Truth justice will prevail, Even the voiceless The marginalized The poor the helpless Will have a hope for A better tomorrow!