ASIAN HUMAN RIGHTS COMMISSION-URGENT APPEALS PROGRAM
Urgent Appeal Case: AHRC-UAC-155-2017
11 October 2017
------------------------------
SRI LANKA: Harassed Migrant-worker sentenced to life imprisonment in
Saudi Arabia
ISSUES: Administration of justice; impunity; Rule of law; justice
------------------------------
Dear Friends,
The Asian Human Rights Commission has received information regarding
Mr. D M Jayawardena Minipe in the Badulla District. He was a migrant
worker who went to Saudi Arabia from Sri Lanka in 2013. On 14 November
2013 he was involved in a traffic accident which resulted in minor
damage to the other vehicle. He was convicted, imprisoned for 2 weeks,
released and returned to Sri Lanka. But when he returned to Saudi
Arabia again to continue his job, he was re- arrested, prosecuted and
ordered to pay LKR 2,500,000. The Order further mentioned that if he
failed to pay the money he would be sentenced to life imprisonment. At
the moment the victim is serving his prison term due to inability to
pay the exceptionally huge sum. He was convicted two times for the
same crime, did not understand the court proceedings due to the
language barriers and lack of legal representation and assistance from
the Sri Lankan Embassy. Although the relatives complained to the Sri
Lanka Foreign Employment Bureau (SLBFE), its officers have yet to set
up an impartial, independent, professional investigation into their
complaint. The SLBFE should take all means available to protect
Jayawardena’s life, bring him back to Sri Lanka, re-unite him with
his family.
CASE DETAILS:
The Asian Human Rights Commission has received information regarding
Mr. D M Jayawardena (54) of No: 7/2, 8th Mile Post, Ambagahapellessa,
Minipe in the Badulla District. Jayawardena is married to Mrs. B M
Mala Priyanthi. They have two children, an older daughter and a son.
The son has a vocal disability and cannot talk properly.
Due to continuous economic difficulties and the urgent need of proper
treatment for his son’s vocal disability, Jayawardena decided in
2013 to work in Saudi Arabia as a heavy truck driver and left Sri
Lanka for his new work. At the beginning, he was happy with his
working arrangements.
However, after several months, on 14 November 2013, he was involved in
a traffic accident. Another driver hit his truck from the back but the
vehicle had minimal damage. Immediately after the incident, the
passengers in the other vehicle ruthlessly assaulted Jayawardena. He
was lucky to get away with his life. But his leg was broken and
treated with the assistance of friends. His employer did not help in
any way.
He was produced before the Courts in Saudi Arabia and sentenced to 2
weeks imprisonment and released. He returned to Sri Lanka without any
salary. His salary was in arrears for several months. His employer did
not assist him in his legal case either.
On 18 February 2014, Jayawardena returned to Sri Lanka and was
re-united with his family. His Company called for his service once
again. The employer promised to pay all the dues. He again decided to
re-join with his former employer and on 15 July 2014, he left Sri
Lanka.
After arriving in Saudi Arabia, for a second time he was produced
before the Courts by the Authorities. He was charged and after the
court proceedings, he was ordered to pay a large sum of money
amounting to LKR, 2, 500,000. If he was unable to pay the sum he would
be imprisoned for life.
Jayawardena faced the difficulty that he could not pay the money
ordered. He is presently in Saudi Arabia and has to stay in prison for
the rest of his life. He said that he was already convicted and
completed two weeks imprisonment in Saudi Arabia. Now, he has been
convicted for the same crime and given a much higher punishment
relative to an alleged incident causing only minor damages.
According to Jayawardana he was not represented by a lawyer or any Sri
Lankan Embassy Official at the Courts. Throughout both Court
proceedings, he was unaware of what was happening. This was due to his
insufficient Arabic and English language proficiency.
He states that many of his fundamental rights were denied by the Saudi
Arabian Authorities. At present he is suffering enormous pain. He was
diagnosed with hypertension and chronic renal failure. Proper
treatment was not provided for these illnesses.
Meanwhile, the wife, Ms. Priyanthi and several other relatives, made
an official complaint with the Sri Lanka Foreign Employment Bureau.
Their complaint was recorded. Still no positive action has been taken
regarding the case. Priyanthi was of the opinion that the Employment
Agency violated his rights.
HE HAS NOW BEEN INCARCERATED FOR ABOUT ONE YEAR.
Jayawardena and his family members are demanding an independent,
efficient investigation into their complaint. Jayawardena’s life
must be protected. He must be returned to Sri Lanka and to his family.
Suggested Action:
Please send letters to the Authorities listed below expressing your
concern about this case. Request an immediate inquiry into allegations
of non-investigation of a complaint by SLBFE Officers. All Officers
involved must be examined by an internal investigation for Criminal
Negligence and breach of the Duty of Care. Please appeal to the SLBFE
to set up a special investigation into this migrant worker’s case.
To support this case, please click here:
<http://www.urgentappeals.net/
SAMPLE LETTER:
Dear ________,
SRI LANKA: Harassed Migrant-worker sentenced to life imprisonment in
Saudi Arabia
Name of Victim: Mr. D M Jayawardena 54, of No: 7/2, 8th Mile Post,
Ambagahapellessa, Minipe in the Badulla District
Alleged Perpetrators: 1. Employment Agencies
2. Officers of the Sri Lanka Foreign Employment Bureau
Date of incident: from 6 November 2016 continuously until now
Place of incident: Saudi Arabia
I have received information regarding the case of Mr. D M Jayawardena
(54) of No: 7/2, 8th Mile Post, Ambagahapellessa, Minipe in the
Badulla District. Jayawardena is married to Mrs. B M Mala Priyanthi.
They have two children, an older daughter and a son. The son has a
vocal disability and cannot talk properly.
Due to continuous economic difficulties and the urgent need of proper
treatment for his son’s vocal disability, Jayawardena decided in
2013 to work in Saudi Arabia as a heavy truck driver and left Sri
Lanka for his new work. At the beginning, he was happy with his
working arrangements.
However, after several months, on 14 November 2013, he was involved in
a traffic accident. Another driver hit his truck from the back but the
vehicle had minimal damage. Immediately after the incident, the
passengers in the other vehicle ruthlessly assaulted Jayawardena. He
was lucky to get away with his life. But his leg was broken and
treated with the assistance of friends. His employer did not help in
any way.
He was produced before the Courts in Saudi Arabia and sentenced to 2
weeks imprisonment and released. He returned to Sri Lanka without any
salary. His salary was in arrears for several months. His employer did
not assist him in his legal case either.
On 18 February 2014, Jayawardena returned to Sri Lanka and was
re-united with his family. His Company called for his service once
again. The employer promised to pay all the dues. He again decided to
re-join with his former employer and on 15 July 2014, he left Sri
Lanka.
After arriving in Saudi Arabia, for a second time he was produced
before the Courts by the Authorities. He was charged and after the
court proceedings, he was ordered to pay a large sum of money
amounting to LKR, 2, 500,000. If he was unable to pay the sum he would
be imprisoned for life.
Jayawardena faced the difficulty that he could not pay the money
ordered. He is presently in Saudi Arabia and has to stay in prison for
the rest of his life. He said that he was already convicted and
completed two weeks imprisonment in Saudi Arabia. Now, he has been
convicted for the same crime and given a much higher punishment
relative to an alleged incident causing only minor damages.
According to Jayawardana he was not represented by a lawyer or any Sri
Lankan Embassy Official at the Courts. Throughout both Court
proceedings, he was unaware of what was happening. This was due to his
insufficient Arabic and English language proficiency.
He states that many of his fundamental rights were denied by the Saudi
Arabian Authorities. At present he is suffering enormous pain. He was
diagnosed with hypertension and chronic renal failure. Proper
treatment was not provided for these illnesses.
Meanwhile, the wife, Ms. Priyanthi and several other relatives, made
an official complaint with the Sri Lanka Foreign Employment Bureau.
Their complaint was recorded. Still no positive action has been taken
regarding the case. Priyanthi was of the opinion that the Employment
Agency violated his rights.
HE HAS NOW BEEN INCARCERATED FOR ABOUT ONE YEAR.
Jayawardena and his family members are demanding an independent,
efficient investigation into their complaint. Jayawardena’s life
must be protected. He must be returned to Sri Lanka and to his family.
I request the intervention of your good offices. Ensure that the
Authorities listed below open an immediate investigation into the
following allegations: not investigating a complaint: sentence of life
imprisonment: not taking appropriate actions to protect and provide
legal safeguards for the victim’s life in Saudi Arabia, attempted
embezzlement by Saudi Officials. All Officers of the Sri Lankan
Foreign Employment Bureau (SLBFE) involved should be subject to an
internal investigation.
Yours sincerely,
---------------------
PLEASE SEND YOUR LETTERS TO:
1. Mr. Pujith Jayasundara
Inspector General of Police
New Secretariat
Colombo 1
SRI LANKA
Fax: +94 11 2 440440 / 327877
E-mail: igp@police.lk <mailto:igp@police.lk>
2. Mr. Jayantha Jayasooriya PC
Attorney General
Attorney General's Department
Colombo 12
SRI LANKA
Fax: +94 11 2 436421
E-mail: ag@attorneygeneral.gov.lk <mailto:ag@attorneygeneral.
3. Secretary
Human Rights Commission
No. 36, Kynsey Road
Colombo 8
SRI LANKA
Tel: +94 11 2 694 925 / 673 806
Fax: +94 11 2 694 924 / 696 470
E-mail: sechrc@sltnet.lk <mailto:sechrc@sltnet.lk>
4. Mr. R. K. Obeyesekere
Chairman
Sri Lanka Bureau of Foreign Employment
No: 234
Denzil Kobbekaduwa Mawatha
Koswatta, Battaramulla
Email: info@slbfe.lk <mailto:info@slbfe.lk>
Thank you.
Urgent Appeals Program
Asian Human Rights Commission (ua@ahrc.asia <mailto:ua@ahrc.asia>
)
<http://www.urgentappeals.net/
Read this UAC online
<http://www.humanrights.asia/
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