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A Writ Mandamus has been filed on 05th September 2015 against Attorney General
(2016-01-21)

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A Writ Mandamus has been filed on 05th September 2015 against Attorney General


A Writ Mandamus has been filed against the Attorney General on the 05th September 2015 Case No. CA/WRIT/375/15 by Lakshan Dias AAL, on behalf of “Right to Life Human Rights Center” due to the negligence of not filing a case under Torture Act for the torture incident of Peruma Hewa Sandun Malinga, Seventeen Years old residence of Kosmo Farm, Akurukanduwa, Meegahakiwula. Attorney General is responsible to file case on Police torture under the torture act No. 22 of 1994 if a person is being tortured by the police officials. Since he has not done his responsibility the Right to Life Human Rights Center took the initiative to file a Writ Mandamus against Attorney General.
Power to issue writs, other than writs of habeas corpus: (Constitution of the Democratic Socialist Republic of Sri Lanka Article no 140.)
“Subject to the provisions of the Constitution, the court of Appeal shall have full power and authority to inspect and examine the records of any Court of First Instance or tribunal or other institution, and grant the issue, according to law, orders in the nature of writs of certiorari, prohibition, procedendo, mandamus and quo warranto against the judge of any court of First Instance or tribunal or their institution or any other person”
This is a great opportunity to the public to make use of the legal frame and to get the benefit out of it.

“Peruma Hewa Sandun Malinga Seventeen Years old residence of Kosmo Farm, Akurukaduwa, Meegahakiwula was arrested by the Kandeketiya Police on 07th May 2014.  And on the 9th May 2014 the victim was dead in Badulla Prison due to the injuries succumbed by the torture of Kandeketiya Police officers.”


The perpetrators are:
R. M. P. Somarathn (S.I)
D. M. Aberathna (Police Constable)
D. P. P. Gamage (Police Constable)
L. C. G. Silva (Police Constable)
S. M. Pushpa Kumara (Police Constable)
D. M. Wijerathna (Police Assistant)
S. M. Jayasundara (Civil Defends)     
Narration of the Incident
Seventeen years old Peruma Hewa Sandun Malinga went to Ketawatta Junction with his brother P. H. Kasun Niraj Madava, Cousin H. Gamini and a relation K. U. S. Kularathna and Rathnayaka Arachchilage Wijerathna to buy a Three Wheeler (Trishaw). Two hours later they left home, Sandun Malinga’s father tried to call his son several times and he failed. But Sandun Malinga’s father has known from a phone call that his son and others were taken assaulting to the police station, Kandeketiya.
Sandun Malinga’s parents went to the police station, Kandeketiya at about 8.30 a.m. on the following day (08th of May). Sandun told to his mother with crying at the police station that he was assaulted by the police officer S. I. Somarathna and other officers and he was suffering from chest paining badly.Sandun Malinga’s mother requested from the police officers to admit her son in the hospital because her son was seen in a fatal condition. But the police officer’s answer was that there aren’t any police officers in the police station at that time to take him to the hospital and asked Sandun’s parents to come after that day.
On the following day when Sandun Malinga’s parents went to the police station, Sandun was lying down at the cage complaining about his chest pain. Sandun Malinga’s parents pleaded police officers to take the child to the hospital since he was in a fatal condition. Police officer S.I.Somarathne shouted at them that they would take them to the hospital and threatened not to scream. After half an hour one police officer asked them to go to the Badulla courts because they would bring Sandun Malinga there after coming back from the hospital. The parents went there and waited so long but their son was not brought there. So they phoned to the Kandeketiya police and then they came to know that Sandun Malinga was sent not to Badulla court but to Passara court.
Sandun Malinga’s parents get the legal support from Ms. Champika (AAL) and Mr.Sarath (AAL) to appear on behalf of their case against police and asked them to communicate the court that their son was assaulted by the police. Sandun was taken to the Passara court at about 3p.m. and since the court procedures was done; Sandun was produced before the Magistrate at her chambers while his parents were waiting outside. It was said that he was arrested under suspicions of digging for a treasure and then was sent to prison till 21st of May for further investigations. The lawyers for the suspects said that their clients were severely tortured by the police. Sandun’s father said that he was overheard Sandun telling Magistrate the same. But the Magistrate didn’t order to take Sandun to medical treatments and instead of that she ordered to send him to prison.
Sandun’s parents asked the jail officers to hospitalize their son due to his fatal condition and the officers agreed to do so. But the following day (09th of May) around 8.30 a.m. Sandun’s father told that Sandun was dead in the jail. Sandun’s father said us that Sandun has died on the hands of his elder brother without having any medications at all.
Autopsy done at the Badulla hospital on 10th of May revealed that there were clear signs of an assault on the deceased’s body. The report of Badulla JMO Mr. T.K. Wijeweera said that bleeding to internal organs due to an assault was the cause of death.
Under the suspicions on this extra judicial killing, R. M. P. Somarathna(S.I), D. M. Aberathna(Police Constable), D. P. P. Gamage (Police Constable), L. C. G. Silva (Police Constable), S. M. Pushpa Kumara(Police Constable),S. M. Jayasundara (Civil Defends), D. M. Wijerathna(Police Assistant) were arrested.
Suspects arrested with Sandun was identified the above suspects at the perad before Badulla Magistrate in charge Ms. Sumana Amarasinghe.
Negligence
Police officers of Kandeketiya arresting Sandun Malinga and four others under a false charge.
Police officers of Kandeketiya severely torturing Sandun Malinga who died succumbed to his injuries.
Police officers not admitting Sandun Malinga for medical treatment even after repeatedly insisted by his parents and a medical officer of Kandeketiya Rural Hospital.
District Medical Officer (DMO) has not checked Sandun Malinga properly when he was sent by police officers.
The Magistrate of Badulla Magistrate has not ordered police officers to send Sandun Malinga for medications for his injuries even though Sandun Malinaga and his lawyer have continuously informed The Magistrate that Sandun Malinga was suffering from his injuries.
Prison Officers of Badulla Prison was also informed by Sandun Malinga that he needs medical treatment since he is suffering from the injuries that have been made by the Kandeketiya Police officers while they were torturing Sandun Malinga when he was in the police custody but they have not allowed him to get the medical treatment. So, on the following morning he died succumbed to his injuries.
The Attorney General (AG) is responsible to file the case when a person is tortured by the police officers. But in Sandun Malinga’s incident The Attorney General has not filed the case under the Torture Act No. 22 of 1994.

Other actions taken by Right to Life Human Rights Center
Complaints have been sent to the National Human Rights Commission, Police commission, IGP, and assistant IGP of Uva province.
Mr. Lakshan Dias AAL has already filed a fundamental rights case on this issue on behalf of “Right to Life Human Rights Center on the 3rd of June 2014 Case No. SCFR 157/14.
A people’s tribunal and a street campaign were organized in Badulla on the 09th June 2014 to mark the 1st month Death Remembrance of Sandun Malinga as well as to create awareness among the people of Badulla district about the Death of Sandun Malinga by police torture. 
On the 09th August 2014 a seminar is conducted for the Uva Province in order to create awareness among the public regarding their rights of not to be tortured by the police officers in any circumstances.
False case against Sandun Maliga and other suspects took place at Badulla Magistrate court and all suspects were released based on the report of the Archaeological Department   mentioning that there is no archaeological importance in that place and not an illegal mining g was taken place either. Case No. B 77454
A public petition is being signed for an Efficient, Impartial and Just Attorney General’s Department started from 21st of October 2015 in both electronic and written petition which will be handed over to the President and Prime Minister of Sri Lanka on the 7th December 2015.

Right to Life Human Rights Center
03.12.2015                                                                                                  





Some Photos of the Signature Campaign and Press conference against Attorney General

      

           




Links:
http://www.aithiya.lk/pictures.php?id=8
http://www.aithiya.lk/news_view.php?id=108
http://www.aithiya.lk/news_view.php?id=100
http://www.aithiya.lk/news_view.php?id=33
https://www.youtube.com/watch?v=6FOjCmw6EOM
http://ttnnews.com/%E0%AE%9A%E0%AE%9F%E0%AF%8D%E0%AE%9F%E0%AE%AE%E0%AE%BE-%E0%AE%85%E0%AE%A4%E0%AE%BF%E0%AE%AA%E0%AE%B0%E0%AF%81%E0%AE%95%E0%AF%8D%E0%AE%95%E0%AF%81-%E0%AE%8E%E0%AE%A4%E0%AE%BF%E0%AE%B0%E0%AE%BE/
https://www.colombotelegraph.com/index.php/police-killings-continues-17-year-old-boy-died-in-his-brothers-arms/
http://www.hirunews.lk/82937/relatives-allege-youth-died-in-badulla-after-been-assaulted-by-police-video



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