Sri Lanka
19.04.04
Urgent Interventions
Sri Lanka: death following torture of Mr. Dehiwatte Gedera Jayathilaka
Case LKA 190404
Death as a result of 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 (AHRC), a member of the OMCT network, of the death following torture of Mr. Dehiwatte Gedera Jayathilaka by the police at the Mahawela Police Station in Sri Lanka.
According to the information received, 45-year old Dehiwatte Gedera Jayathilaka was arrested by officers from the Yatawatte Police Security Barrier at a bus station at around 1:00 pm on March 9th, 2004, on charges of possessing illicit liquor, despite the fact that none was found in his belongings. The arrest was led by Sub Inspector (S.I.) Bandaranayake, who is a member of the Mahawela Police. Dehiwatte Gedera Jayathilaka was then taken to Mahawela Police Station, where he was detained until the following morning.
At about 6:30 p.m. on March 9th, 2004, Dehiwatte Gedera Jayathilaka's son, D. G. Saliyathilaka Rupakumara, was informed by the Mahawela Police that his father was in custody at the police station and he was asked to come to the station to bail his father out. He went to the police station with his relative, Senarath Chandrasekara. His father told him at this time that the police officers had tortured him during detention, and that, as a result, he was suffering from severe pain over his whole body. After D. G. Saliyathilaka Rupakumara signed the bail form, Dehiwatte Gedera Jayathilaka was released at around 11:00 p.m. He did not seek medical assistance immediately, saying that he would go to the hospital the next day.
On the following morning, March 10th, 2004, Dehiwatte Gedera Jayathilake's body was found in front of the house of his neighbour, Somawathie. D. G. Saliyathilaka Rupakumara has lodged a complaint at the Mahawela Police Station about the use torture on his father by the police and his subsequent death. Reports allege that D. G. Saliyathilaka Rupakumara’s statement was not properly written by the police.
The victim's body was taken to the Kandy hospital for a post-mortem inquest and was returned to his house on March 11th, 2004. The Judicial Medical Officer (J.M.O.) of Kandy, who examined the victim's body, certified that the victim's ribs were broken and that bruises were found on his body. It is reported that all the funeral arrangements for the victim were made by the Mahawela Police.
The International Secretariat of OMCT is gravely concerned by the torture to which Mr. Dehiwatte Gedera Jayathilaka was reportedly subjected during detention, and about his subsequent death. OMCT calls on the Sri Lankan authorities to immediately launch a thorough and impartial investigation into these events, in order to identify those responsible, bring them to justice, and award adequate reparation to the family of the victim. It is vital that the alleged perpetrators are suspended from police service while the investigation is ongoing.
Action requested
Please write to the authorities in Sri Lanka urging them to:
i. order a thorough and impartial investigation into the circumstances of Dehiwatte Gedera Jayathilaka's arrest and torture, in order to identify those responsible, bring them to trial and apply the penal and/or administrative sanctions as provided by law;
ii. guarantee that adequate reparation is provided to the family of Dehiwatte Gedera Jayathilaka;
iii. 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. Ranil Wickremasinghe, Prime Minister, Cambridge Place, Colombo 7, SRI LANKA, Fax: +94 11 2 682905 / 575454, E-mail: secpm@sltnet.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 (need to ask to change to fax mode) / 691 926
· Dr. Radhika Coomaraswamy, Director, National Human Rights Commission of Sri Lanka, No. 36, Kynsey Road, Colombo 8, SRI LANKA, Fax: +94 11 2 694 924 / 696 470, E-mail: sechrc@sltnet.lk
· Ambassador Prasad Kariyawasam, Rue de Moillebeau 56 (5ème) - CP 436, CH-1211, Genève 19, Suisse, E-mail: mission.srilanka@ties.itu.int, Fax: +4122 734 90 84
Please also write to the embassies of Sri Lanka in your respective country.
Geneva, April 19th, 2004
Kindly inform us of any action undertaken quoting the code of this appeal in your reply.
Death as a result of 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 (AHRC), a member of the OMCT network, of the death following torture of Mr. Dehiwatte Gedera Jayathilaka by the police at the Mahawela Police Station in Sri Lanka.
According to the information received, 45-year old Dehiwatte Gedera Jayathilaka was arrested by officers from the Yatawatte Police Security Barrier at a bus station at around 1:00 pm on March 9th, 2004, on charges of possessing illicit liquor, despite the fact that none was found in his belongings. The arrest was led by Sub Inspector (S.I.) Bandaranayake, who is a member of the Mahawela Police. Dehiwatte Gedera Jayathilaka was then taken to Mahawela Police Station, where he was detained until the following morning.
At about 6:30 p.m. on March 9th, 2004, Dehiwatte Gedera Jayathilaka's son, D. G. Saliyathilaka Rupakumara, was informed by the Mahawela Police that his father was in custody at the police station and he was asked to come to the station to bail his father out. He went to the police station with his relative, Senarath Chandrasekara. His father told him at this time that the police officers had tortured him during detention, and that, as a result, he was suffering from severe pain over his whole body. After D. G. Saliyathilaka Rupakumara signed the bail form, Dehiwatte Gedera Jayathilaka was released at around 11:00 p.m. He did not seek medical assistance immediately, saying that he would go to the hospital the next day.
On the following morning, March 10th, 2004, Dehiwatte Gedera Jayathilake's body was found in front of the house of his neighbour, Somawathie. D. G. Saliyathilaka Rupakumara has lodged a complaint at the Mahawela Police Station about the use torture on his father by the police and his subsequent death. Reports allege that D. G. Saliyathilaka Rupakumara’s statement was not properly written by the police.
The victim's body was taken to the Kandy hospital for a post-mortem inquest and was returned to his house on March 11th, 2004. The Judicial Medical Officer (J.M.O.) of Kandy, who examined the victim's body, certified that the victim's ribs were broken and that bruises were found on his body. It is reported that all the funeral arrangements for the victim were made by the Mahawela Police.
The International Secretariat of OMCT is gravely concerned by the torture to which Mr. Dehiwatte Gedera Jayathilaka was reportedly subjected during detention, and about his subsequent death. OMCT calls on the Sri Lankan authorities to immediately launch a thorough and impartial investigation into these events, in order to identify those responsible, bring them to justice, and award adequate reparation to the family of the victim. It is vital that the alleged perpetrators are suspended from police service while the investigation is ongoing.
Action requested
Please write to the authorities in Sri Lanka urging them to:
i. order a thorough and impartial investigation into the circumstances of Dehiwatte Gedera Jayathilaka's arrest and torture, in order to identify those responsible, bring them to trial and apply the penal and/or administrative sanctions as provided by law;
ii. guarantee that adequate reparation is provided to the family of Dehiwatte Gedera Jayathilaka;
iii. 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. Ranil Wickremasinghe, Prime Minister, Cambridge Place, Colombo 7, SRI LANKA, Fax: +94 11 2 682905 / 575454, E-mail: secpm@sltnet.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 (need to ask to change to fax mode) / 691 926
· Dr. Radhika Coomaraswamy, Director, National Human Rights Commission of Sri Lanka, No. 36, Kynsey Road, Colombo 8, SRI LANKA, Fax: +94 11 2 694 924 / 696 470, E-mail: sechrc@sltnet.lk
· Ambassador Prasad Kariyawasam, Rue de Moillebeau 56 (5ème) - CP 436, CH-1211, Genève 19, Suisse, E-mail: mission.srilanka@ties.itu.int, Fax: +4122 734 90 84
Please also write to the embassies of Sri Lanka in your respective country.
Geneva, April 19th, 2004
Kindly inform us of any action undertaken quoting the code of this appeal in your reply.