SRI LANKA: A man is tortured and laid with

false charges by the Balangoda police at the

behest of a Pradesheeya Sabha chairman
ASIAN HUMAN RIGHTS COMMISSION-URGENT APPEAL PROGRAMME-19 March,
2014
Dear

friends,

The Asian Human Rights Commission (AHRC) has received information that Mr.
Yahaluge Wimalasiri (50) of Veliharanawa, Oluganthota, Balangoda in the District of
Ratnapura complained to the chairman of the Pradesheeya Sabha for making
indecent proposals to his wife. Subsequently he was severely beaten by the
chairmans supporters and then by officers of the Balangoda police who falsely
charged him with stabbing the chairman. There is no evidence available to support the
police charge and the chairman has never shown or complained of any such injury.
It is customary in Sri Lanka for influential persons to use the police to carry out their
dirty work and this is yet another example. It also demonstrates the exceptional
collapse of the rule of law in the country.
CASE

NARRATIVE:
According to the information received by the Asian Human
Rights Commission (AHRC) Mr. Yahaluge Wimalasiri (50, in
the picture) of Veliharanawa, Oluganthota, Balangoda in
the District of Ratnapura is married with two children; a son
who is employed in Colombo and a daughter who is
studying for her A Level exams. His wife is not employed
and Wimalasiri is engaged in his own business.

In Sri Lanka in order to get a bank loan it is necessary to

have the applicants property approved as it is used as
collateral for the loan. In this regard Wimalasiris wife,
Pushpa Ranjani, went to meet the chairman of the Imbulpe
Pradesheeya Sabha to get their house plan approved. The
chairman Mr. Indu Gunatilake made an indecent suggestion
to her to accompany him to a guest house. Furthermore, the chairman made calls to
her mobile phone which Wimalasiri was able to record. As a result of this Wimalasiri
called the chairman to ask why he was making such indecent suggestions to his wife.
Thereafter the chairman threatened to kill him.

On 26 October, 2013; Wimalasiri went to a friend's house (Leslie) to attend a function.

The Pradesheeya Sabha chairman, Indu Gunatilake was also invited to the function.
When the chairman saw Wimalasiri at Leslies house, he told him that he would meet
him after an hour.
Accordingly, after an hour at around 8.30 pm Wimalasiri was called to the road by the
chairman and as he was walking supporters of the chairman, Kumara, Chamil and
Weerasiri assaulted Wimalasiri with a bottle. They also kicked him and when he fell to
the ground, the chairman arrived and joined in the assault.
Wimalasiri was taken by a friend to Leslies house for safety and placed in a room.
Meanwhile some of the chairmans supporters assaulted the others who attended the
function as well. During this time there was an exchange of words and a physical fight.
After about half an hour when things appeared to settle down Wimalasiri was advised
by his friend, Karavita, to go home.
Wimalasiri walked in the direction of his home by himself. As he was walking a jeep
approached in which the brother of the chairman and few others were travelling. They
forced Wimalasiri into the jeep thereby abducting him and further assaulted him. They
also took all his belongings including his wallet and mobile phone. He was made to lie
down in the jeep and they held him in place with their feet.
Wimalasiri was then taken by this group; which was around eight people, to a house
where he was severely beaten. The ankle of his left leg was cut with a sword and the
bones of both hands were broken. Following this assault he was taken back to the
same jeep and told that he would be killed. They asked him if he wanted to say any
final words. However, while he was being taken by this group in the jeep, a police
vehicle had come along the same road. Seeing the police vehicle, the assailants threw
Wimalasiri out of the jeep. The police officers of the Balangoda Police who were in the
vehicle took Wimalasiri, who was lying on the ground, to the Balangoda Police Station.
There he was questioned by the police officers, slapped and abused with foul
language without any basis. Wimalasiri believes that the police officers were also
working in collaboration with the chairman of the Pradesheeya Sabha.
Meanwhile his wife came to the police station and pleaded with the officers to take him
to a doctor since he was severely injured, but instead he was put in the police cell from
11.00 pm on 26 October 2013 until 4.00 pm on 27 October: Wimalasiri was then taken
in a three-wheeler to the Acting Magistrate and detained in the Balangoda Remand
Prison. On the evening of 28 October he was transferred to the Kuruwita Remand
Prison where he was admitted to the Remand Prison Hospital. The next day on 29
October Wimalasiri was admitted to the Ratnapura General Hospital and was treated
in Ward No.15 for a period of five days. During this period he was visited by a Judicial
Medical Officer (JMO). Following this period Wimalasiri was returned to the Prison
Hospital.
Wimalasiri was accused by the police of stabbing the chairman of the Pradesheeya

Sabha and produced in court on 7 November. Bail was not granted. He was again
produced before court on 12 November and bail was again refused. He was finally
released on bail when he was presented to court on 26 November, but he was further
asked to sign at the police station every Sunday. His case was called in the court on 9
March, 2014 but was postponed again. Wimalasiri states that this charge is false and
that he is innocent. He further states that the police filed this charge in order to protect
a powerful and influential person.
Wimalasiri states that he was tortured and abused by officers of Balangoda Police.
Court Sergeant Waduge (20883) and S. I. Samaraweera were among them.
Furthermore he was forced to sign statements when he had no knowledge of the
contents.
Wimalasiri made a complaint to the Assistant Superintendent of Police, Balangoda
(ASP) office which was registered as 230/24 on 17 November 2013. He requested the
officer to conduct an impartial and independent inquiry and bring the culprits before
justice.
On the same day several police officers approached Wimalasiris house at around
11.30 pm in the evening and searched the house without producing a search warrant.
At that time only the wife and the daughter were at home and they were abused in
filth. Furthermore, the front door was damaged when it was forced opened.
Several television channels telecast Wimalasiris story in their news. Derana TV had
taken the real story, but Sirasa TV and Swarnawahini stated that Wimalasiri had
stabbed the chairman of the Pradesheeya Sabha. Wimalasiri points out that the
chairman never at any time showed any signs of injury and did not seek medical
treatment.
Wimalasiri and his family members seek justice and the protection of his rights as
enshrined in the Constitution of Sri Lanka.
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