Sri Lanka
10.01.03
Urgent Interventions
Sri Lanka: Mr. Koralagamage, who had disappeared while in illegal detention, has been brought before a magistrate
Case LKA 090103.1
Follow-up of Case LKA 090103
Arbitrary detention / Risk to personal integrity
Geneva, January 10th, 2003
The International Secretariat of OMCT has received new information regarding the following situation in Sri Lanka.
New information
The International Secretariat of OMCT has been informed by the Asian Human Rights Commission (AHRC), a member of the OMCT network, that torture victim Mr. Koralagamage, who had disappeared while in illegal detention, has been brought before a magistrate and is to remain in detention until January 20th, 2003, despite an urgent need for medical assistance, in Sri Lanka.
According to the information received, Sujith Dharmasiri Koralagamage (23) has reportedly been located, after having gone missing while being illegally detained for 8 days by the police from the Kaluthara South Police Station. He was reportedly produced before a magistrate after a frantic search by parents, human rights activists and many well-wishers. The National Human Rights Commission (NHRC) also intervened on his behalf.
According to his family, Mr. Koralagamage had been kept somewhere outside the police station since his disappearance on January 9th, 2003. During his absence from the police station he was reportedly taken to a doctor and an attempt was made to get a medical report to the effect that there are no injuries on his body. However, Mr. Koralagamage has stated that he was severely assaulted during his detention. Whether or not the doctor made the report remains to be confirmed.
According to his mother Peduruarrachige Piyaseeli (53), Mr. Koralagamage was then produced before the magistrate and an application was made by the police for him to remain in detention, due to claims that he is still required for an identity parade. The magistrate did not have the occasion to question Mr. Koralagamage, but ordered him to remain in detention until January 20th, 2003.
According to the information received, there are strong reasons to believe that Mr. Koralagamage remains in detention in order to avoid him being able to get the medical attention he requires, as this would result in a damning medical report concerning the injuries he has allegedly sustained at the hands of the police.
The International Secretariat of OMCT welcomes Mr. Koralagamage's re-appearance and would like to thank all the individuals and institutions that intervened concerning his case. However, OMCT remains gravely concerned for Mr. Koralagamage’s personal integrity, notably given that he remains in arbitrary detention while suffering from injuries allegedly sustained as a result of torture that require urgent medical attention. Furthermore, OMCT is appalled at another case of the Sri Lankan Police's use of torture and, in this case, the flagrant attempt to cover up these acts through the production of a false medical report, in order to enable the perpetrators of these acts to continue to enjoy impunity.
Brief reminder of the situation
23-year old Sujith Dharmasiri Koralagamage was arrested on Jan. 1, 2003 by Police Inspector Pragathi Lakmina Abeysinghe and several other police officers attached to the crime section of the Kaluthara South Police Station, while he was attending a funeral. He was kept illegally in police custody for a week until January 8th, 2003.
A number of people submitted a petition to the D.I.G. of Kaluthara south on January 7th, protesting over the illegal arrest and detention, but no action has yet been taken. Mr. Koralagamage’s mother, who went to try to see him daily from January 2nd, was only allowed to see him only on January 7th. At every visit, his mother was also verbally abused by the police officers and was chased away. A complaint was made to the National Human Rights Commission (NHRC). However, so far no effective intervention has been made. Mr. Koralagamage’s mother was reportedly threatened by a police officer on January 8th, saying that "try if you can, to get him out by complaining to the NHRC. We will see that he will not get the bail.”
According to the information received, Mr. Koralagamage was found to be missing from the police station when his family again attempted to get to see him on January 9th.
Action requested:
Please write to the authorities in Sri Lanka urging them to:
i. take all necessary measures to guarantee Mr. Koralagamage’s physical and psychological integrity;
ii. intervene with the appropriate authorities in order to secure that the adequate medical assistance is provided to Mr. Koralagamage as a matter of urgency;
iii. order his immediate release in the absence of valid legal charges or, if such charges exist, bring him before an impartial and competent tribunal and guarantee their procedural rights at all times;
iv. guarantee an immediate investigation into the circumstances of these events, notably the allegation of the use of torture, identify those responsible, bring them before a civil competent and impartial tribunal and apply the penal, civil and/or administrative sanctions provided by law;
v. guarantee the respect of human rights and the fundamental freedoms throughout the country in accordance with international human rights standards.
Addresses:
· Superintendent of Prisons, Remand Prison, Walikada, Borrela, Sri Lanka, Fax: +941 692 134
· 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, January 10th, 2003
Kindly inform us of any action undertaken quoting the code of this appeal in your reply.
Follow-up of Case LKA 090103
Arbitrary detention / Risk to personal integrity
Geneva, January 10th, 2003
The International Secretariat of OMCT has received new information regarding the following situation in Sri Lanka.
New information
The International Secretariat of OMCT has been informed by the Asian Human Rights Commission (AHRC), a member of the OMCT network, that torture victim Mr. Koralagamage, who had disappeared while in illegal detention, has been brought before a magistrate and is to remain in detention until January 20th, 2003, despite an urgent need for medical assistance, in Sri Lanka.
According to the information received, Sujith Dharmasiri Koralagamage (23) has reportedly been located, after having gone missing while being illegally detained for 8 days by the police from the Kaluthara South Police Station. He was reportedly produced before a magistrate after a frantic search by parents, human rights activists and many well-wishers. The National Human Rights Commission (NHRC) also intervened on his behalf.
According to his family, Mr. Koralagamage had been kept somewhere outside the police station since his disappearance on January 9th, 2003. During his absence from the police station he was reportedly taken to a doctor and an attempt was made to get a medical report to the effect that there are no injuries on his body. However, Mr. Koralagamage has stated that he was severely assaulted during his detention. Whether or not the doctor made the report remains to be confirmed.
According to his mother Peduruarrachige Piyaseeli (53), Mr. Koralagamage was then produced before the magistrate and an application was made by the police for him to remain in detention, due to claims that he is still required for an identity parade. The magistrate did not have the occasion to question Mr. Koralagamage, but ordered him to remain in detention until January 20th, 2003.
According to the information received, there are strong reasons to believe that Mr. Koralagamage remains in detention in order to avoid him being able to get the medical attention he requires, as this would result in a damning medical report concerning the injuries he has allegedly sustained at the hands of the police.
The International Secretariat of OMCT welcomes Mr. Koralagamage's re-appearance and would like to thank all the individuals and institutions that intervened concerning his case. However, OMCT remains gravely concerned for Mr. Koralagamage’s personal integrity, notably given that he remains in arbitrary detention while suffering from injuries allegedly sustained as a result of torture that require urgent medical attention. Furthermore, OMCT is appalled at another case of the Sri Lankan Police's use of torture and, in this case, the flagrant attempt to cover up these acts through the production of a false medical report, in order to enable the perpetrators of these acts to continue to enjoy impunity.
Brief reminder of the situation
23-year old Sujith Dharmasiri Koralagamage was arrested on Jan. 1, 2003 by Police Inspector Pragathi Lakmina Abeysinghe and several other police officers attached to the crime section of the Kaluthara South Police Station, while he was attending a funeral. He was kept illegally in police custody for a week until January 8th, 2003.
A number of people submitted a petition to the D.I.G. of Kaluthara south on January 7th, protesting over the illegal arrest and detention, but no action has yet been taken. Mr. Koralagamage’s mother, who went to try to see him daily from January 2nd, was only allowed to see him only on January 7th. At every visit, his mother was also verbally abused by the police officers and was chased away. A complaint was made to the National Human Rights Commission (NHRC). However, so far no effective intervention has been made. Mr. Koralagamage’s mother was reportedly threatened by a police officer on January 8th, saying that "try if you can, to get him out by complaining to the NHRC. We will see that he will not get the bail.”
According to the information received, Mr. Koralagamage was found to be missing from the police station when his family again attempted to get to see him on January 9th.
Action requested:
Please write to the authorities in Sri Lanka urging them to:
i. take all necessary measures to guarantee Mr. Koralagamage’s physical and psychological integrity;
ii. intervene with the appropriate authorities in order to secure that the adequate medical assistance is provided to Mr. Koralagamage as a matter of urgency;
iii. order his immediate release in the absence of valid legal charges or, if such charges exist, bring him before an impartial and competent tribunal and guarantee their procedural rights at all times;
iv. guarantee an immediate investigation into the circumstances of these events, notably the allegation of the use of torture, identify those responsible, bring them before a civil competent and impartial tribunal and apply the penal, civil and/or administrative sanctions provided by law;
v. guarantee the respect of human rights and the fundamental freedoms throughout the country in accordance with international human rights standards.
Addresses:
· Superintendent of Prisons, Remand Prison, Walikada, Borrela, Sri Lanka, Fax: +941 692 134
· 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, January 10th, 2003
Kindly inform us of any action undertaken quoting the code of this appeal in your reply.