Police produced a man before court with fabricated charges after torture

(March 18,Colombo, Sri Lanka Guardian) Allen Jo (29), 195/1 Welgampola Road, Nawawlapitiya in the district of Kandy was illegally arrested and severely tortured by the police officers attached to the Nawalapitiya Police Station on 28 March 2011. He was arrested accused for possession of drugs without any reason and later when the victim denied the accusation he was severely assaulted. Then he was produced to the court with fabricated charges. The victim vehemently denied the charges. This case is yet another illustration of the exceptional collapse of the rule of law in the country.

According to the information the Asian Human Rights Commission received Mr. Allen Jo (29) of No: 195/1 Welgampola Road, Nawawlapitiya was illegally arrested, detained and tortured by the police officers attached to the Nawalapitiya Police Station on 28 February 2011.

Allen opened up a small business, selling short eats / fast food at Nawalapitiya town. On the 28 February 2011, Monday around 12.15 pm five police officers, including the Officer-in-Charge (OIC) of Nawalapitiya, Mr. Udayakumar visited the business premises. Out of the five police officers 2 were in police uniform and three police officers were in civilian dress.

At this particular moment there was only Allen inside the shop. The police officers told him that they wanted to search the business premises and searched the shop without providing any warrant. They pointed to a paper that is used to wrap cigarettes and questioned Allen about it. Further they accused him of selling drugs. However Allen protested the alleged accusation. Police did not take into custody any material relating to drugs.

Then the police officers started to assault Allen and dragged him through the streets to the police station. At the police station, he was stripped naked and the OIC Udayakumar beat him with a Z-lon pipe until it broke into pieces. Then he slapped him and beat with his fists and fired a shot into the air.

On 1 March Allen along with one visitor who came to visit him to the police cell was also arrested. Later on that day both were produced before the Magistrate of Nawalapitiya in his chambers and were brought back to the police station and detained until the 7 March when he was produced in court and remanded at the Raja Veediya Remand Prison in Kandy. Then the case was postponed to 21 March 2011.

Allen denied the fabricated charges and protested against the arrest and torture and inhuman degrading treatment and punishment. He believes that the drugs were introduced by the police officers themselves when they visited the shop. Further he feels that his rights for an impartial inquiry, access to justice and fair trial were denied.

When Allen's mother visited him she observed that he had lost his hearing as there was damage to his ears, after the severe assault by the police officers.