CPRP alleges another death in custody, seeks protection for witness

The Committee for Protecting Rights of Prisoners (CPRP) has alleged that extrajudicial killings were taking place, regardless of repeated government assurances to the contrary. Executive Director of the CPRP Attorney-at-Law Seneka Perera told The Island that Tharukara Wiraj Rashmika De Silva, who had been arrested near Wewagedara Hardware, in Mawathagama, this month, and then taken to Baddegama police station, was later killed. Lawyer Perera said that he raised the issue with IGP Priyantha Weerasooriya. “As an Attorney-at-Law, the IGP should know the rights of the arrested persons,” Perera said, adding that he brought the incident to the notice of Morris Tidball-Binz, Special Rapporteur on extrajudicial, summary or arbitrary executions and Dr. Alice Jill Edwards, Special Rapporteur on torture, Working Group on Enforced or Involuntary Disappearances, Working Group on Arbitrary Detention. According to the letters written by Perera to the IGP and UN officials, one Dewage Vihanga Dineth Jayasinghe, who had been held at the Baddegama police station, had identified Rashmika De Silva when he was brought there. Lawyer Perera said that Jayasinghe had been subsequently transferred to the Colombo Remand Prison but his life could be in danger as he saw De Silva at the Baddegama police station. Responding to queries, the CPRP executive alleged that law enforcement authorities failed to follow proper procedures. There hadn’t been any formal arrest procedures, charges, or De Silva’s family provided with legal documentation, he said, adding that his body was found floating in the Gin Ganga river in the Galle district. According to lawyer Perera, De Silva’s hands were tied behind his back and attached to a concrete pole. He was wearing the same light brown collarless t-shirt and black shorts he wore at the time of arrest. In spite of the victim’s face being burnt and difficult to identify, the family identified the body through distinctive tattoos. Lawyer Perera said that CPRP requested UN officials to intervene immediately to ensure the safety and security of Jayasinghe, now held at the Colombo Remand Prison. It would be the responsibility of the government to protect Jayasinghe in terms of the Victim and Witness Protection Act. Jayasinghe had been arrested at Makumbura, Kottawa, on suspicion of involvement in a killing. Lawyer Perera said that custodial deaths remained a major problem. “The situation is so bad that the latest killing took place while the Subcommittee on Prevention of Torture visiting the country. Since 2024, there had been over 200 custodial deaths and, in spite of our efforts, the political leadership failed to rein in law enforcement authorities. The CPRP executive emphasised that custodial deaths couldn’t be justified under any circumstances. In fact, the Parliament, through relevant committees, should inquire into the deaths in government custody, Perera said, pointing out nearly 20 years after the end of the conflict successive governments failed to address this contentious issue.

By Shamindra Ferdinando