Sri Lanka
25.06.02
Urgent Interventions

Sri Lanka: 36-year old Ehalagoda Gedara Tennekoon Banda has been arbitrarily arrested and subsequently subjected

Case LKA 250602
Arbitrary arrests and detention / Torture

The International Secretariat of OMCT requests your URGENT intervention in the following situation in Sri Lanka.

Brief description of the situation

The International Secretariat of OMCT has been informed by the Asian Human Rights Commission, a member of the OMCT network, that on June 12th, 2002, 36-year old Ehalagoda Gedara Tennekoon Banda was arbitrarily arrested and subsequently subjected to torture while in detention at the Wilgamuwa Police Station, in Sri Lanka.

According to the information received, Mr. Tennekoon Banda, a farmer and father of three children, was arbitrarily arrested at his house on June 12th, 2002, by two police officers. Mr. Tennekoon Banda was reportedly taken to the Wilgamuwa Police Station, where he was subjected to torture during the night by police officer S. I. Nalin Gunawardene and police constable Ratnayake (Police identity number 2304). Mr. Tennekoon Banda reportedly informed the police that he had recently undergone two surgical interventions on his lower abdomen, and showed them the scars, but the officers continued to torture him regardless. During this time, the officers reportedly asked Mr. Tennekoon Banda about the location of kassipu (an illicit liquor) and that of the raw materials used in its production. However he was not informed of the reason for his arrest and no charges were filed against him. Mr. Tennekoon Banda has reportedly denied any involvement in the illicit liquor business.

According to the report, on June 13th, 2002, Mr. Tennekoon Banda was released in a critical condition to his wife, Amarawathi, and his sister’s son, Wijekumara. He could not eat, talk or walk, and was therefore admitted to the Kolongoda Government Hospital, where he stayed until June 21st, 2002.

According to the information received, Mr. Tennekoon Banda was diagnosed as suffering from contusions on his upper lip, on both hands, on the back of his shoulder, and a large contusion on his forehead. The judicial medical officer report has still not been produced. Due to this incident, Mr. Tennekoon Banda will reportedly not be able to work on the farm for a lengthy period of time, until he recovers completely.

The International Secretariat of OMCT is deeply concerned by the Sri Lankan authorities arbitrary arrest of Ehalagoda Gedara Tennekoon Banda and subsequent use of torture upon him while he was in detention. OMCT fears that even though the perpetrators of this attack are known, they will continue to enjoy impunity and that Mr. Tennekoon Banda will not be granted adequate reparation for the injuries inflicted upon him and his resultant inability to work. OMCT condemns the Sri Lankan authorities’ use of arbitrary arrests and torture as a means of investigating cases and obtaining information, in addition to the fact that all too frequently these arrests are based on information given by unreliable sources and mere suspicions. A recent example of this is the case of Jerald Perera, who was also arrested and tortured following what Police Officers later admitted was a case of mistaken identity (see Urgent Appeal Case LKA 170602).
Action requested

Please write to the authorities in Sri Lanka urging them to:

· order a thorough and impartial investigation into the circumstances of these events in order to identify those responsible, bring them to trial and apply the penal, civil and/or administrative sanctions as provided by law;
· guarantee adequate reparation to Mr. Ehalagoda Gedara Tennekoon Banda;
· guarantee the respect of human rights and the fundamental freedoms throughout the country in accordance with national laws and international human rights standards.

Addresses

· Her Excellency President Chandrika Bandaranaike Kumaratunga, President's House, Colombo 3, Sri Lanka. Fax No 00 94 1 333703, E-mails: for_min@sri.lanka.net
· Prime Minister Honorable Ranil Wickremasinghe, 58 Sir Earnest de Silva Mawatha, Colombo 7. Sri Lanka. Fax No 00 94 1575454
· Honorable Minister for Justice and Constitutional Affairs, 37, Kirula Place, Colombo 5. Sri Lanka. Fax No 00 94 1 437680
· Hon. Ambassador, Permanent Mission and Consulate General of Sri Lanka, 56, Rue De Moillebeau, 5th Floor, 1 209, Geneva 19, Switzerland, Fax: (41-22) 734 9084, E-mail: mission.srilanka@itu.ch
· Hon. High-Commissioner, The High Commission of the Democratic Socialist Republic of Sri Lanka 13 Hyde Park Gardens London W2 2LU United Kingdom Fax: 0044 207 262-7970

Please also write to the embassies of Sri Lanka in your respective country.

Geneva, June 25th, 2002

Kindly inform us of any action undertaken quoting the code of this appeal in your reply.