Sri Lanka
10.11.04
Urgent Interventions
Sri Lanka: Arbitrary arrest, alleged torture and impunity for Mr. Erdirisuriyage Ravindra Kumara
Case LKA 101104
Arbitrary arrest/ Alleged torture/ Impunity
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 (AHRC), a member of the OMCT network, of the arbitrary arrest and torture of Mr. Edirisuriyage Ravindra Kumara in Sri Lanka.
According to the information received, Mr. Edirisuriyage Ravindra Kumara, 23 years old and laborer by trade, living in Diyagama, Galpatha, was reportedly arbitrarily arrested and tortured at about 1:45pm on 14 October 2004. Two police officers in civilian clothing, attached to Kalutara North Police Station, approached Mr. Kumara near his residence at the Diyagama junction. The officers proceeded to arrest him with no stated reason and no warrant for his arrest. Shortly thereafter Mr. Kumara was taken to a residence where some items had been stolen. Mr. Kumara claimed to have no knowledge of the stolen items and the Sub Inspector (SI) began to assault him. The victim denied the allegations further and was placed into a police jeep and taken to the Kalutara North Police Station.
After Mr. Kumara had arrived at the station he was placed in a cell. Allegedly, some time later, the SI took him to the kitchen of the police station where he was again assaulted repeatedly by the SI. Mr. Kumara was then ordered by several officers who were present at the time to kneel on the ground. Mr. Kumara’s hands were then bound behind his back and the officers began to bite and kick him. The officers then untied his hands and order Mr. Kumara to lie on the floor. At this point the officers began to hit the victim with an iron bar, beating the sole of his feet, his legs, and his buttocks. During this assault the officers were yelling at Mr. Kumara to confess to the theft of the before mentioned items.
Mr. Kumara was again placed in his cell. He went before the Kalutara Magistrate on 15 October 2004, where he testified that he was assaulted by police officers during questioning. At the same time he showed the injuries that had been inflicted by the assault. However, Mr. Kumara was charged with theft along with three other suspects who had been arrested earlier. Mr. Kumara was then taken to Kulatara prison after the Magistrate’s findings were delivered.
Upon arrival at the prison, Mr. Kumara reported once again that he was tortured by the police. It is reported that in the meantime, his mother complained to the National Human Rights Commission (NHRC) on 18 October 2004. The next day he was taken to the Nagoda Hospital where a doctor examined him and was then returned to the prison.
On 28 October 2004, Mr. Kumara was taken to a line-up for identification with two other suspects, where the owners of the stolen items did not identify Mr. Kumara as the perpetrator nor did they identify the other two suspects. As a result of not being identified, Mr. Kumara was discharged. He has however undergone mental and physical trauma caused by the torture, and has complained to the NHRC and the National Police Commission (NPC), but no investigations have been conducted.
The International Secretariat of OMCT is gravely concerned by this case of torture. OMCT calls on the authorities to launch a prompt, thorough and impartial investigation into these events, in order to identify those responsible and bring them to justice and award adequate reparation to Mr. Edirisuriyage Ravindra Kumara.
Actions requested:
Please write to the authorities in Sri Lanka urging them to:
i. take all necessary measures to ensure the physical and psychological integrity of Mr. Edirisuriyage Ravindra Kumara;
ii. order a thorough and impartial investigation into the circumstances of these allegations of torture and/or ill treatment, in order to identify all those responsible, bring them to trial and apply the penal and/or administrative sanctions as provided by law;
iii. guarantee that Mr. Edirisuriyage Ravindra Kumara be provided with adequate reparation;
iv. guarantee the respect of human rights and the fundamental freedoms throughout the country in accordance with national laws and international human rights standards.
Addresses:
Please also write to the embassies of Sri Lanka in your respective country.
Geneva, 10 November 2004
Kindly inform us of any action undertaken quoting the code of this appeal in your reply.
Arbitrary arrest/ Alleged torture/ Impunity
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 (AHRC), a member of the OMCT network, of the arbitrary arrest and torture of Mr. Edirisuriyage Ravindra Kumara in Sri Lanka.
According to the information received, Mr. Edirisuriyage Ravindra Kumara, 23 years old and laborer by trade, living in Diyagama, Galpatha, was reportedly arbitrarily arrested and tortured at about 1:45pm on 14 October 2004. Two police officers in civilian clothing, attached to Kalutara North Police Station, approached Mr. Kumara near his residence at the Diyagama junction. The officers proceeded to arrest him with no stated reason and no warrant for his arrest. Shortly thereafter Mr. Kumara was taken to a residence where some items had been stolen. Mr. Kumara claimed to have no knowledge of the stolen items and the Sub Inspector (SI) began to assault him. The victim denied the allegations further and was placed into a police jeep and taken to the Kalutara North Police Station.
After Mr. Kumara had arrived at the station he was placed in a cell. Allegedly, some time later, the SI took him to the kitchen of the police station where he was again assaulted repeatedly by the SI. Mr. Kumara was then ordered by several officers who were present at the time to kneel on the ground. Mr. Kumara’s hands were then bound behind his back and the officers began to bite and kick him. The officers then untied his hands and order Mr. Kumara to lie on the floor. At this point the officers began to hit the victim with an iron bar, beating the sole of his feet, his legs, and his buttocks. During this assault the officers were yelling at Mr. Kumara to confess to the theft of the before mentioned items.
Mr. Kumara was again placed in his cell. He went before the Kalutara Magistrate on 15 October 2004, where he testified that he was assaulted by police officers during questioning. At the same time he showed the injuries that had been inflicted by the assault. However, Mr. Kumara was charged with theft along with three other suspects who had been arrested earlier. Mr. Kumara was then taken to Kulatara prison after the Magistrate’s findings were delivered.
Upon arrival at the prison, Mr. Kumara reported once again that he was tortured by the police. It is reported that in the meantime, his mother complained to the National Human Rights Commission (NHRC) on 18 October 2004. The next day he was taken to the Nagoda Hospital where a doctor examined him and was then returned to the prison.
On 28 October 2004, Mr. Kumara was taken to a line-up for identification with two other suspects, where the owners of the stolen items did not identify Mr. Kumara as the perpetrator nor did they identify the other two suspects. As a result of not being identified, Mr. Kumara was discharged. He has however undergone mental and physical trauma caused by the torture, and has complained to the NHRC and the National Police Commission (NPC), but no investigations have been conducted.
The International Secretariat of OMCT is gravely concerned by this case of torture. OMCT calls on the authorities to launch a prompt, thorough and impartial investigation into these events, in order to identify those responsible and bring them to justice and award adequate reparation to Mr. Edirisuriyage Ravindra Kumara.
Actions requested:
Please write to the authorities in Sri Lanka urging them to:
i. take all necessary measures to ensure the physical and psychological integrity of Mr. Edirisuriyage Ravindra Kumara;
ii. order a thorough and impartial investigation into the circumstances of these allegations of torture and/or ill treatment, in order to identify all those responsible, bring them to trial and apply the penal and/or administrative sanctions as provided by law;
iii. guarantee that Mr. Edirisuriyage Ravindra Kumara be provided with adequate reparation;
iv. guarantee the respect of human rights and the fundamental freedoms throughout the country in accordance with national laws and international human rights standards.
Addresses:
- Hon. Mr. Mahindra Rajapakse, Prime Minister, Cambridge Place, Colombo 7, SRI LANKA, Fax: +94 11 2 682905 / 575454, E-mail: secpm@sltnet.lk or bradmanw@slt.lk
- Hon. Mr. K. C. Kamalasabesan, Attorney General, Attorney General's Department, Colombo 12, SRI LANKA, Fax: +94 11 2 436 421, Email: attorney@sri.lanka.net or counsel@sri.lanka.net
- Mr. Ranjith Abeysuriya PC, Chairman National Police Commission, 69-1 Ward Place, Colombo 7, SRI LANKA, Fax: +94 11 2 669 128 / 691 926, Fax HOME: +94 11 2 674148, E-mail: polcom@sltnet.lk
- Mr. T. I. de Silva, Inspector General of Police (IGP), New Secretariat, Colombo 1, SRI LANKA, Fax: +94 11 2 440440/426711/327877
- Dr. Radhika Coomaraswamy, Chairperson, National Human Rights Commission of Sri Lanka, 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
- Ambassador Prasad Kariyawasam, Permanent Mission of the Democratic Socialist Republic of Sri Lanka to the United Nations in Geneva, Rue de Moillebeau 56, Case postale 436, 1211 Genève 19, Tel. : +41 22 / 919 12 50, Fax : +41 22 / 734 90 84, E-mail : mission.srilanka@ties.itu.int
Please also write to the embassies of Sri Lanka in your respective country.
Geneva, 10 November 2004
Kindly inform us of any action undertaken quoting the code of this appeal in your reply.