Sri Lanka
17.11.03
Urgent Interventions
Sri Lanka: death of Mr. S.L. Kulatunga as a result of torture
Case LKA 171103
Torture / Death in custody
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 of Mr. S.L. Kulatunga as a result of torture in Sri Lanka.
According to the information received, on November 12th, 2003, S. L. Kulatunga was hospitalized with serious head injuries and died at the General Hospital of Colombo. He and another person had been arrested by the Nivithigala police, but the other had already been released. The reasons for the arrest currently remain unknown.
The victim was arrested by four persons in civilian clothes. At the police station, Mr. Kulatunga was assaulted and suffered serious head injuries. He was admitted to the Watupityi Hospital on the November 11th. He was then transferred to the General Hospital in Colombo where he died November 12th.
These apparent acts of torture provoked an area-wide protest when thousands of persons gathered around the police station, cut down trees, barricaded the road and burnt tires to express their anger. The protesters, reported to be a group of nearly 1000, also gathered around the hospital where the victim was warded to protest.
The police authorities have transferred four police officers and promised to make an investigation into the incident. However, similar instances in the past indicate that police officers that commit grave human rights violations often enjoy impunity.
The International Secretariat of OMCT expresses its deep concern for the death of Mr. S. L. Kulatunga especially as there are serious allegations that he was subjected to torture by members of the police. OMCT calls on the authorities to immediately order a thorough and impartial investigation into the circumstances of Mr. Kulatunga's arrest, torture and death, in order to identify those responsible, bring them to trial, apply the penal and/or administrative sanctions as provided by law, and award adequate reparation to his family. It is also pertinent to note the recommendations made by the UN Human Rights Committee on November 6th, 2003, in their General Comments on the Report of the Government of Sri Lanka:
'The State party should adopt legislative and other measures to prevent such violations, in keeping with articles 2, 7 and 9 of the Covenant, and ensure effective enforcement of the legislation. It should ensure in particular that allegations of crimes committed by state security forces, especially allegations of torture, abduction and illegal confinement, are investigated promptly and effectively with a view to prosecuting perpetrators. The National Police Commission complaints procedure should be implemented as soon as possible. The authorities should diligently enquire into all cases of suspected intimidation of witnesses and establish a witness protection program in order to put an end to the climate of fear that plagues the investigation and prosecution of such cases The capacity of the National Human Rights Commission to investigate and prosecute alleged human rights violations should be strengthened.'
Action requested
Please write to the authorities in Sri Lanka urging them to:
i. 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 and/or administrative sanctions as provided by law;
ii. guarantee that adequate reparation is provided to the victims of these abuses;
iii. immediately implement the recommendations of the international and regional organisms for human rights, including the High Commissioner for Human Rights and the UN Commission for Human Rights;
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. Ranil Wickremasinghe, 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. Shaveendra Fernando, Senior State Counsel, Torture Prosecution Unit, Attorney General's Department, Colombo 12, Sri Lanka, Fax: +94 11 2 327 765
· 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
· Minister of Justice, Hon. W.J.M. Lokubandara, Ministry of Justice, Law Reform and National Integration, Superior Courts Complex, Colombo 12, Sri Lanka, Fax: + 94 12 424 447
· 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, November 17th, 2003
Kindly inform us of any action undertaken quoting the code of this appeal in your reply.
Torture / Death in custody
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 of Mr. S.L. Kulatunga as a result of torture in Sri Lanka.
According to the information received, on November 12th, 2003, S. L. Kulatunga was hospitalized with serious head injuries and died at the General Hospital of Colombo. He and another person had been arrested by the Nivithigala police, but the other had already been released. The reasons for the arrest currently remain unknown.
The victim was arrested by four persons in civilian clothes. At the police station, Mr. Kulatunga was assaulted and suffered serious head injuries. He was admitted to the Watupityi Hospital on the November 11th. He was then transferred to the General Hospital in Colombo where he died November 12th.
These apparent acts of torture provoked an area-wide protest when thousands of persons gathered around the police station, cut down trees, barricaded the road and burnt tires to express their anger. The protesters, reported to be a group of nearly 1000, also gathered around the hospital where the victim was warded to protest.
The police authorities have transferred four police officers and promised to make an investigation into the incident. However, similar instances in the past indicate that police officers that commit grave human rights violations often enjoy impunity.
The International Secretariat of OMCT expresses its deep concern for the death of Mr. S. L. Kulatunga especially as there are serious allegations that he was subjected to torture by members of the police. OMCT calls on the authorities to immediately order a thorough and impartial investigation into the circumstances of Mr. Kulatunga's arrest, torture and death, in order to identify those responsible, bring them to trial, apply the penal and/or administrative sanctions as provided by law, and award adequate reparation to his family. It is also pertinent to note the recommendations made by the UN Human Rights Committee on November 6th, 2003, in their General Comments on the Report of the Government of Sri Lanka:
'The State party should adopt legislative and other measures to prevent such violations, in keeping with articles 2, 7 and 9 of the Covenant, and ensure effective enforcement of the legislation. It should ensure in particular that allegations of crimes committed by state security forces, especially allegations of torture, abduction and illegal confinement, are investigated promptly and effectively with a view to prosecuting perpetrators. The National Police Commission complaints procedure should be implemented as soon as possible. The authorities should diligently enquire into all cases of suspected intimidation of witnesses and establish a witness protection program in order to put an end to the climate of fear that plagues the investigation and prosecution of such cases The capacity of the National Human Rights Commission to investigate and prosecute alleged human rights violations should be strengthened.'
Action requested
Please write to the authorities in Sri Lanka urging them to:
i. 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 and/or administrative sanctions as provided by law;
ii. guarantee that adequate reparation is provided to the victims of these abuses;
iii. immediately implement the recommendations of the international and regional organisms for human rights, including the High Commissioner for Human Rights and the UN Commission for Human Rights;
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. Ranil Wickremasinghe, 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. Shaveendra Fernando, Senior State Counsel, Torture Prosecution Unit, Attorney General's Department, Colombo 12, Sri Lanka, Fax: +94 11 2 327 765
· 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
· Minister of Justice, Hon. W.J.M. Lokubandara, Ministry of Justice, Law Reform and National Integration, Superior Courts Complex, Colombo 12, Sri Lanka, Fax: + 94 12 424 447
· 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, November 17th, 2003
Kindly inform us of any action undertaken quoting the code of this appeal in your reply.