07.02.03
Urgent Interventions
Sri Lanka: killing and woundings resulting from police shooting
Case LKA 070203
Extrajudicial killing / Arbitrary detention / Ill-treatment / 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, a member of the OMCT network, of the killing of Mr. Premachandra and the arbitrary detention and ill-treatment of Mr. Edward Douglas Peters and Mr. G.D. Sunil by members of the police in Sri Lanka.
According to the information received, on February 1st, 2003 at around 10:30 pm, T. A. Premachandra (46 years old and the father of two) was driving home from work in his three-wheeler vehicle, accompanied by Mr. Edward Douglas Peters (45 years old) and Mr. G.D. Sunil (43 years old), who were sitting in the rear of the three-wheeler. Two police officers from the Kalutara South police traffic unit reportedly overtook the three-wheeler on the left-hand side on their motorcycle and shot Mr. Premachandra in the head with a T56 gun, resulting in his death. He was shot in the head at close range; the bullet entered from the left ear and came out at the right eye. The driver reportedly died instantly and the out of control three-wheeler then crashed into a lamppost and overturned, resulting in severe injuries for the two passengers.
According to the information received, when one of the passengers, despite his injuries, tried calling his family members using his mobile phone and also tried to talk to the police officers, the police kicked him and forcefully took the mobile phone from him. A Kalutara South Police jeep arrived shortly thereafter, and took the two injured persons and Mr. Premachandra’s body to the Base Hospital at Nagoda, where the body was handed over to the hospital staff. The two injured persons were then taken to the police station and detained despite their need for urgent medical assistance. They were reportedly not even given water until the post mortem examination had been conducted the following day, February 2nd. It was only after the post mortem had been completed that they were allowed to go to the hospital to receive treatment for their injuries.
ASP (Acting Superintendent of Police) Jayantha Kulathilaka, who headed the post mortem investigation on the orders of acting magistrate Siri Perera, is reportedly not leading an impartial investigation, giving rise to fears that the perpetrators of these very grave human rights violations will enjoy total impunity for their acts. The two police officers that are responsible for the murder have said that the driver was shot because of his refusal to stop the three-wheeler when ordered to do so. Besides this, they stated at the post mortem that the shot was fired at the tire of the vehicle and that it rebounded off the ruts on the road, and that there was no intention to kill Mr. Premachandra. In a bid to justify the killing, ASP Jayantha Kulathilaka has reportedly told journalists that it is perfectly within the law to act as the police did in this case.
It is worth noting that the explanation given by the police is that the three-wheeler was previously involved in an accident with a van, regarding which a complaint was received by the Wadduwa police by phone. The two police officers, acting on this information, had therefore shot at the three-wheeler. They allege that Mr. Premachandra was trying to speed up despite orders for him to stop. The police officers were on a 220cc Suzuki motor cycle. OMCT’s sources report that it is highly unlikely that a seven-year-old three-wheeler with an average speed of 25 km/h, carrying ten conduit pipes on its hood, would try to outrun a police motorcycle.
The International Secretariat of OMCT is gravely concerned about the disproportionate use of force by the police, which has resulted in the death of Mr. Premachandra and the wounding of Mr. Edward Douglas Peters and Mr. G.D. Sunil. OMCT condemns the arbitrary detention of the two afore-mentioned injured persons and the failure to provide them with urgently required medical assistance. OMCT urges the Sri Lankan authorities to grant adequate reperation to the two injured persons and the family of the deceased. Furthermore OMCT urges the Sri Lankan Government to take all necessary measures to guarantee an immediate, impartial and effective investigation into the circumstances of these events, identify those responsible, bring them before a competent and impartial tribunal, and apply the sanctions provided for by law.
Action requested
Please write to the authorities in Sri Lanka urging them to:
i. guarantee an immediate, impartial and effective investigation into the circumstances of these events, identify those responsible, bring them before a civil competent and impartial tribunal and apply the penal, civil and/or administrative sanctions provided by law;
ii. guarantee adequate reparation to Mr. Edward Douglas Peters and Mr. G.D. Sunil and Mr. Premachandra’s family;
iii. guarantee the respect of human rights and the fundamental freedoms throughout Sri Lanka in accordance with international human rights standards.
Addresses
· Her Excellency President Chandrika Bandaranaike Kumaratunga, President's House, Colombo 3, Sri Lanka. Fax: + 94 1 333703, E-mail: for_min@sri.lanka.net
· Hon. Prime Minister Ranil Wickremasinghe, Cambridge Place, Colombo 7, Sri Lanka. Fax: + 94 1575 454/1 682905. E-mail: secpm@sltnet.lk, bradmanw@slt.lk
· Hon. Mr. K. C. Kamalasabesan, Attorney General, Attorney General's Department, Colombo 12, Sri Lanka. Fax: + 94 1 436-421, E-mail: attorney@sri.lanka.net or counsel@sri.lanka.net
· Honourable Minister for Justice and Constitutional Affairs, 37, Kirula Place, Colombo 5. Sri Lanka. Fax: + 94 1 437680
· Honourable Minister of Interior John Amaratunga, Colombo, Fax: + 94 1387 526, + 94 1698 282
· Inspector General of Police, Mr. T. E. Anandarajah, New Secretariat, Colombo 1, Sri Lanka, Fax: 0094 1 446174
· Mr. Ranjith Abeysuriya PC, Chairman, National Police Commission, 10 A, Flower Road, Colombo 7, Sri Lanka
Please also write to the embassies of Sri Lanka in your respective country.
Geneva, February 7th, 2003
Kindly inform us of any action undertaken quoting the code of this appeal in your reply.
Extrajudicial killing / Arbitrary detention / Ill-treatment / 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, a member of the OMCT network, of the killing of Mr. Premachandra and the arbitrary detention and ill-treatment of Mr. Edward Douglas Peters and Mr. G.D. Sunil by members of the police in Sri Lanka.
According to the information received, on February 1st, 2003 at around 10:30 pm, T. A. Premachandra (46 years old and the father of two) was driving home from work in his three-wheeler vehicle, accompanied by Mr. Edward Douglas Peters (45 years old) and Mr. G.D. Sunil (43 years old), who were sitting in the rear of the three-wheeler. Two police officers from the Kalutara South police traffic unit reportedly overtook the three-wheeler on the left-hand side on their motorcycle and shot Mr. Premachandra in the head with a T56 gun, resulting in his death. He was shot in the head at close range; the bullet entered from the left ear and came out at the right eye. The driver reportedly died instantly and the out of control three-wheeler then crashed into a lamppost and overturned, resulting in severe injuries for the two passengers.
According to the information received, when one of the passengers, despite his injuries, tried calling his family members using his mobile phone and also tried to talk to the police officers, the police kicked him and forcefully took the mobile phone from him. A Kalutara South Police jeep arrived shortly thereafter, and took the two injured persons and Mr. Premachandra’s body to the Base Hospital at Nagoda, where the body was handed over to the hospital staff. The two injured persons were then taken to the police station and detained despite their need for urgent medical assistance. They were reportedly not even given water until the post mortem examination had been conducted the following day, February 2nd. It was only after the post mortem had been completed that they were allowed to go to the hospital to receive treatment for their injuries.
ASP (Acting Superintendent of Police) Jayantha Kulathilaka, who headed the post mortem investigation on the orders of acting magistrate Siri Perera, is reportedly not leading an impartial investigation, giving rise to fears that the perpetrators of these very grave human rights violations will enjoy total impunity for their acts. The two police officers that are responsible for the murder have said that the driver was shot because of his refusal to stop the three-wheeler when ordered to do so. Besides this, they stated at the post mortem that the shot was fired at the tire of the vehicle and that it rebounded off the ruts on the road, and that there was no intention to kill Mr. Premachandra. In a bid to justify the killing, ASP Jayantha Kulathilaka has reportedly told journalists that it is perfectly within the law to act as the police did in this case.
It is worth noting that the explanation given by the police is that the three-wheeler was previously involved in an accident with a van, regarding which a complaint was received by the Wadduwa police by phone. The two police officers, acting on this information, had therefore shot at the three-wheeler. They allege that Mr. Premachandra was trying to speed up despite orders for him to stop. The police officers were on a 220cc Suzuki motor cycle. OMCT’s sources report that it is highly unlikely that a seven-year-old three-wheeler with an average speed of 25 km/h, carrying ten conduit pipes on its hood, would try to outrun a police motorcycle.
The International Secretariat of OMCT is gravely concerned about the disproportionate use of force by the police, which has resulted in the death of Mr. Premachandra and the wounding of Mr. Edward Douglas Peters and Mr. G.D. Sunil. OMCT condemns the arbitrary detention of the two afore-mentioned injured persons and the failure to provide them with urgently required medical assistance. OMCT urges the Sri Lankan authorities to grant adequate reperation to the two injured persons and the family of the deceased. Furthermore OMCT urges the Sri Lankan Government to take all necessary measures to guarantee an immediate, impartial and effective investigation into the circumstances of these events, identify those responsible, bring them before a competent and impartial tribunal, and apply the sanctions provided for by law.
Action requested
Please write to the authorities in Sri Lanka urging them to:
i. guarantee an immediate, impartial and effective investigation into the circumstances of these events, identify those responsible, bring them before a civil competent and impartial tribunal and apply the penal, civil and/or administrative sanctions provided by law;
ii. guarantee adequate reparation to Mr. Edward Douglas Peters and Mr. G.D. Sunil and Mr. Premachandra’s family;
iii. guarantee the respect of human rights and the fundamental freedoms throughout Sri Lanka in accordance with international human rights standards.
Addresses
· Her Excellency President Chandrika Bandaranaike Kumaratunga, President's House, Colombo 3, Sri Lanka. Fax: + 94 1 333703, E-mail: for_min@sri.lanka.net
· Hon. Prime Minister Ranil Wickremasinghe, Cambridge Place, Colombo 7, Sri Lanka. Fax: + 94 1575 454/1 682905. E-mail: secpm@sltnet.lk, bradmanw@slt.lk
· Hon. Mr. K. C. Kamalasabesan, Attorney General, Attorney General's Department, Colombo 12, Sri Lanka. Fax: + 94 1 436-421, E-mail: attorney@sri.lanka.net or counsel@sri.lanka.net
· Honourable Minister for Justice and Constitutional Affairs, 37, Kirula Place, Colombo 5. Sri Lanka. Fax: + 94 1 437680
· Honourable Minister of Interior John Amaratunga, Colombo, Fax: + 94 1387 526, + 94 1698 282
· Inspector General of Police, Mr. T. E. Anandarajah, New Secretariat, Colombo 1, Sri Lanka, Fax: 0094 1 446174
· Mr. Ranjith Abeysuriya PC, Chairman, National Police Commission, 10 A, Flower Road, Colombo 7, Sri Lanka
Please also write to the embassies of Sri Lanka in your respective country.
Geneva, February 7th, 2003
Kindly inform us of any action undertaken quoting the code of this appeal in your reply.