Sri Lanka
29.07.03
Urgent Interventions
Sri Lanka: death in police custody of Sunil Hemachandra
Case LKA 290703
Torture / Death in detention
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, of the death in police custody of Sunil Hemachandra in Sri Lanka.
According to the information received, Sunil Hemachandra, a 28-year old rubber tapper was arrested at his home at approximately 12:15 am on July 24th, 2003 by police officers from the Moragahahena station. The officers did not give a reason for the arrest to Mr. Hemachandra or to his family. When the family went to the police station on July 25th, they found him lying in a police cell, unconscious and bleeding from the nose. He was brought to the hospital and, after having again been transferred, this time to the general hospital in Colombo, he died on July 26th. Reports indicate that several days before his arrest Mr. Hemachandra, who had won a Rs 300,000 (US$ 30,000) lottery two weeks before, was approached by several police officers attempting to extort money from him.
The Moragahahena police claim that Mr. Hemachandra was arrested when he protested the arrest of a wanted man, identified as Chanaka, who had taken refuge in his home. The men were reportedly brought to the police station and jailed. An officer from the station reported to the BBC Sinhala Service correspondent that Mr. Hemachandra had developed epilepsy and collapsed upon his arrival. Mr. Hemachandra, however, has no history of illness.
A complaint made to the Assistant Superintendent of Police (ASP) of Horanam regarding these events has not yielded any results. According to reports, the ASP has been assigned to investigate the case, along with the officers from the Moragahahena station who are suspected of causing Mr. Hemachandra's death,. Reports indicate that the ASP has made statements exonerating the police, causing the victim's family and human rights groups to fear that the evidence will be destroyed and the case not properly investigated. Complaints have been made to the National Human Rights Commission, the National Police Commission and other judicial agencies, but the perpetrators have not been caught or brought to justice.
The International Secretariat of OMCT is gravely concerned by this death in detention, particularly as it appears to have been the result of ill treatment and/or torture on the part of police officers at the Moragahahena police station. OMCT recalls that the Sri Lankan Government has not taken adequate steps to end the routine use of torture by Sri Lankan police. The Supreme Court of Sri Lanka has severely criticised the Inspector General of Police for not appropriately supervising the police and for failing to take disciplinary action. Not a single police officer has been brought to trial for or convicted of torture, despite a 1994 law against torture (Act No 22 of 1994). OMCT calls on the Sri Lankan government to order an immediate and thorough investigation into these events in order to identify the perpetrators, bring them to trial and apply the appropriate penal and administrative sanctions provided for by law.
Action requested
Please write to the authorities in Sri Lanka urging them to:
i. order a thorough and impartial investigation into the circumstances of Mr. Hemachandra's death, 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 Mr. Hemachandra’s family;
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
· His Excellency Mr. Ranil Wickremasinghe, Prime Minister of Sri Lanka, Cambridge Place, Colombo 7, SRI LANKA, Fax: +94 1 682905, E-mail: secpm@sltnet.lk or bradmanw@slt.lkPresident
· Chandrika B. Kumaritunga, Presidential Residence, Colombo 3, SRI LANKA, Fax: +941 333 703
· Hon. Mr. K.C. Kamalasabesan, Attorney General, Attorney General's Department, Colombo 12, SRI LANKA, Fax: +94 1 436 421, Email: attorney@sri.lanka.net or counsel@sri.lanka.net
· Mr. Ranjith Abeysuriya PC, Chairman National Police Commission, 2 202 MBICH, Colombo 7, SRI LANKA, Fax: +94 1 674 148No. 36, Kynsey Road
· National Human Rights Commission of Sri Lanka, Colombo 8, SRI LANKA, Fax: +94 1 694 924 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, July 29th, 2003
Kindly inform us of any action undertaken quoting the code of this appeal in your reply.
Torture / Death in detention
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, of the death in police custody of Sunil Hemachandra in Sri Lanka.
According to the information received, Sunil Hemachandra, a 28-year old rubber tapper was arrested at his home at approximately 12:15 am on July 24th, 2003 by police officers from the Moragahahena station. The officers did not give a reason for the arrest to Mr. Hemachandra or to his family. When the family went to the police station on July 25th, they found him lying in a police cell, unconscious and bleeding from the nose. He was brought to the hospital and, after having again been transferred, this time to the general hospital in Colombo, he died on July 26th. Reports indicate that several days before his arrest Mr. Hemachandra, who had won a Rs 300,000 (US$ 30,000) lottery two weeks before, was approached by several police officers attempting to extort money from him.
The Moragahahena police claim that Mr. Hemachandra was arrested when he protested the arrest of a wanted man, identified as Chanaka, who had taken refuge in his home. The men were reportedly brought to the police station and jailed. An officer from the station reported to the BBC Sinhala Service correspondent that Mr. Hemachandra had developed epilepsy and collapsed upon his arrival. Mr. Hemachandra, however, has no history of illness.
A complaint made to the Assistant Superintendent of Police (ASP) of Horanam regarding these events has not yielded any results. According to reports, the ASP has been assigned to investigate the case, along with the officers from the Moragahahena station who are suspected of causing Mr. Hemachandra's death,. Reports indicate that the ASP has made statements exonerating the police, causing the victim's family and human rights groups to fear that the evidence will be destroyed and the case not properly investigated. Complaints have been made to the National Human Rights Commission, the National Police Commission and other judicial agencies, but the perpetrators have not been caught or brought to justice.
The International Secretariat of OMCT is gravely concerned by this death in detention, particularly as it appears to have been the result of ill treatment and/or torture on the part of police officers at the Moragahahena police station. OMCT recalls that the Sri Lankan Government has not taken adequate steps to end the routine use of torture by Sri Lankan police. The Supreme Court of Sri Lanka has severely criticised the Inspector General of Police for not appropriately supervising the police and for failing to take disciplinary action. Not a single police officer has been brought to trial for or convicted of torture, despite a 1994 law against torture (Act No 22 of 1994). OMCT calls on the Sri Lankan government to order an immediate and thorough investigation into these events in order to identify the perpetrators, bring them to trial and apply the appropriate penal and administrative sanctions provided for by law.
Action requested
Please write to the authorities in Sri Lanka urging them to:
i. order a thorough and impartial investigation into the circumstances of Mr. Hemachandra's death, 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 Mr. Hemachandra’s family;
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
· His Excellency Mr. Ranil Wickremasinghe, Prime Minister of Sri Lanka, Cambridge Place, Colombo 7, SRI LANKA, Fax: +94 1 682905, E-mail: secpm@sltnet.lk or bradmanw@slt.lkPresident
· Chandrika B. Kumaritunga, Presidential Residence, Colombo 3, SRI LANKA, Fax: +941 333 703
· Hon. Mr. K.C. Kamalasabesan, Attorney General, Attorney General's Department, Colombo 12, SRI LANKA, Fax: +94 1 436 421, Email: attorney@sri.lanka.net or counsel@sri.lanka.net
· Mr. Ranjith Abeysuriya PC, Chairman National Police Commission, 2 202 MBICH, Colombo 7, SRI LANKA, Fax: +94 1 674 148No. 36, Kynsey Road
· National Human Rights Commission of Sri Lanka, Colombo 8, SRI LANKA, Fax: +94 1 694 924 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, July 29th, 2003
Kindly inform us of any action undertaken quoting the code of this appeal in your reply.