Sri Lanka
11.06.02
Urgent Interventions
Sri Lanka: police proffers death threats concerning Lalith Rajapakse case
Case LKA 130502.2
Follow-up to case LKA 130502
Death threats / Impunity
Geneva, June 11th, 2002
The International Secretariat of OMCT requests your URGENT intervention in the following situation in Sri Lanka.
New information
The International Secretariat of OMCT has been informed by the Asian Human Rights Commission (AHRC) that Mr. Bopearachchige Lal Appuhamy has been threatened with death by the Sri Lankan police if he refuses to participate in assisting with the assassination of Mr. Elaris, who, as the grandfather of torture victim Mr. Lalith Rajapakse, is continuing to press charges against the alleged perpetrators of this torture, who are members of the Kandana Police forces in Bangladesh.
According to the information received, Mr. Lal Appuhamy, a dry fish trader at 532/57 Wivekastana Road, Kapuwatte, Ja-ela, who is an acquaintance of Mr. Rajapakse’s grandfather, received a visit from a certain Madu Madurawla, who delivered a message from the Officer in Charge of Kandana Police Station reportedly ordering to assist the police with the assassination of Elaris, in order to stop him from pressing charges against the police officers in Kandana police station on behalf of his grandson.
According to the information received, Mr. Lal Appuhamy was ordered to (1) put poison on the dry fish bought by Elaris, and (2) inform the police of where Mr. Elaris may go for a drink, in order for the police to demand the people who serve Mr. Elaris to add poison to his drinks. The police also informed Mr. Lal Appuhamy that gangs would come and vandalise Mr. Elaris’s house. According to the report, Mr. Lal Appuhamy was also told that someone in Hunupitiya has signed 5 contracts with the police to assassinate him, should he fail to collaborate with them.
According to the information received, Mr. Lal Appuhamy was taken to the Kandana police station yesterday but was not detained, following the intervention of a lawyer, Vernon Cooray.
The International Secretariat of OMCT is gravely concerned about the harassment and death threats to which Mr. Elaris and Mr. Lal Appuhamy have been subjected and fears for their physical and psychological integrity. OMCT calls for an investigation into these events, and into the torture to which Mr. Rajapakse was subjected, and for the perpetrators of these acts to be brought to justice. OMCT deplores the authorities resorting to death threats in order to attempt to cover up grave human rights violations on their part. OMCT fears that the perpetrators of these threats and use of torture will not be brought to justice and that Lalith Rajapakse will not be granted adequate reparation.
Brief reminder of the situation
According to the information received, 19-year old Lalith Rajapakse was arbitrarily arrested and subjected to torture while in detention at the Kabdana police station on April 19th, 2002, in Colombo, Sri Lanka. On April 18th, 2002, Mr. Rajapakse was arrested after being accused of theft. His family learnt of his arrest on April 20th, 2002. Mr. Rajapakse’s grandfather found that his grandson was lying on the floor of the cell unconscious, reportedly as the result of torture. Mr. Rajapakse was taken to Colombo Central Hospital, where he remained unconscious until May 7th, 2002. Mr. Rajapakse consequently suffered from traumatic encephalitis. The Magistrate declared that a procedural violation had taken place when Mr. Rajapakse was detained without first producing him before the acting Magistrate. Mr. Basil Fernando, who is acting as Mr. Rajapakse’s legal counsel, reportedly told the court on May 16th, 2002, that the two major police crimes perpetrated against Mr. Lalith Rajapakse are: attempted murder and violation of Act. No.40 of 1994 from the Elimination of Torture Act. The Magistrate reportedly ordered that Mr. Lalith Rajapakse be released on personal bail and ordered the Commissioner of Prisons to produce him in court on May 17th, 2002.
Action requested
Please write to the authorities in Sri Lanka urging them to:
· guarantee Mr. Elaris and Mr. Lal Appuhamy’s physical and psychological integrity;
· put an immediate end to the harassment, including the use of death threats, against Mr. Elaris and Mr. Lal Appuhamy;
· 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, civil and/or administrative sanctions as provided by law;
· guarantee adequate reparation to Lalith Rajapakse;
· guarantee the respect of human rights and the fundamental freedoms throughout the country in accordance with national laws and international human rights standards.
Addresses
· Her Excellency President Chandrika Bandaranaike Kumaratunga, President's House, Colombo 3, Sri Lanka. Fax No 00 94 1 333703
E-mails: for_min@sri.lanka.net
· Prime Minister Honorable Ranil Wickremasinghe, 58 Sir Earnest de Silva Mawatha, Colombo 7. Sri Lanka. Fax No 00 94 1575454
· Honorable Minister for Justice and Constitutional Affairs, 37, Kirula Place, Colombo 5. Sri Lanka. Fax No 00 94 1 437680
· Hon. Ambassador, Permanent Mission and Consulate General of Sri Lanka, 56, Rue De Moillebeau, 5th Floor, 1 209, Geneva 19, Switzerland, Fax: (41-22) 734 9084, E-mail: mission.srilanka@itu.ch
· Hon. High-Commissioner, The High Commission of the Democratic Socialist Republic of Sri Lanka 13 Hyde Park Gardens London W2 2LU United Kingdom Fax: 0044 207 262-7970
Please also write to the embassies of Sri Lanka in your respective country.
Geneva, June 11th, 2002
Kindly inform us of any action undertaken quoting the code of this appeal in your reply.
Follow-up to case LKA 130502
Death threats / Impunity
Geneva, June 11th, 2002
The International Secretariat of OMCT requests your URGENT intervention in the following situation in Sri Lanka.
New information
The International Secretariat of OMCT has been informed by the Asian Human Rights Commission (AHRC) that Mr. Bopearachchige Lal Appuhamy has been threatened with death by the Sri Lankan police if he refuses to participate in assisting with the assassination of Mr. Elaris, who, as the grandfather of torture victim Mr. Lalith Rajapakse, is continuing to press charges against the alleged perpetrators of this torture, who are members of the Kandana Police forces in Bangladesh.
According to the information received, Mr. Lal Appuhamy, a dry fish trader at 532/57 Wivekastana Road, Kapuwatte, Ja-ela, who is an acquaintance of Mr. Rajapakse’s grandfather, received a visit from a certain Madu Madurawla, who delivered a message from the Officer in Charge of Kandana Police Station reportedly ordering to assist the police with the assassination of Elaris, in order to stop him from pressing charges against the police officers in Kandana police station on behalf of his grandson.
According to the information received, Mr. Lal Appuhamy was ordered to (1) put poison on the dry fish bought by Elaris, and (2) inform the police of where Mr. Elaris may go for a drink, in order for the police to demand the people who serve Mr. Elaris to add poison to his drinks. The police also informed Mr. Lal Appuhamy that gangs would come and vandalise Mr. Elaris’s house. According to the report, Mr. Lal Appuhamy was also told that someone in Hunupitiya has signed 5 contracts with the police to assassinate him, should he fail to collaborate with them.
According to the information received, Mr. Lal Appuhamy was taken to the Kandana police station yesterday but was not detained, following the intervention of a lawyer, Vernon Cooray.
The International Secretariat of OMCT is gravely concerned about the harassment and death threats to which Mr. Elaris and Mr. Lal Appuhamy have been subjected and fears for their physical and psychological integrity. OMCT calls for an investigation into these events, and into the torture to which Mr. Rajapakse was subjected, and for the perpetrators of these acts to be brought to justice. OMCT deplores the authorities resorting to death threats in order to attempt to cover up grave human rights violations on their part. OMCT fears that the perpetrators of these threats and use of torture will not be brought to justice and that Lalith Rajapakse will not be granted adequate reparation.
Brief reminder of the situation
According to the information received, 19-year old Lalith Rajapakse was arbitrarily arrested and subjected to torture while in detention at the Kabdana police station on April 19th, 2002, in Colombo, Sri Lanka. On April 18th, 2002, Mr. Rajapakse was arrested after being accused of theft. His family learnt of his arrest on April 20th, 2002. Mr. Rajapakse’s grandfather found that his grandson was lying on the floor of the cell unconscious, reportedly as the result of torture. Mr. Rajapakse was taken to Colombo Central Hospital, where he remained unconscious until May 7th, 2002. Mr. Rajapakse consequently suffered from traumatic encephalitis. The Magistrate declared that a procedural violation had taken place when Mr. Rajapakse was detained without first producing him before the acting Magistrate. Mr. Basil Fernando, who is acting as Mr. Rajapakse’s legal counsel, reportedly told the court on May 16th, 2002, that the two major police crimes perpetrated against Mr. Lalith Rajapakse are: attempted murder and violation of Act. No.40 of 1994 from the Elimination of Torture Act. The Magistrate reportedly ordered that Mr. Lalith Rajapakse be released on personal bail and ordered the Commissioner of Prisons to produce him in court on May 17th, 2002.
Action requested
Please write to the authorities in Sri Lanka urging them to:
· guarantee Mr. Elaris and Mr. Lal Appuhamy’s physical and psychological integrity;
· put an immediate end to the harassment, including the use of death threats, against Mr. Elaris and Mr. Lal Appuhamy;
· 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, civil and/or administrative sanctions as provided by law;
· guarantee adequate reparation to Lalith Rajapakse;
· guarantee the respect of human rights and the fundamental freedoms throughout the country in accordance with national laws and international human rights standards.
Addresses
· Her Excellency President Chandrika Bandaranaike Kumaratunga, President's House, Colombo 3, Sri Lanka. Fax No 00 94 1 333703
E-mails: for_min@sri.lanka.net
· Prime Minister Honorable Ranil Wickremasinghe, 58 Sir Earnest de Silva Mawatha, Colombo 7. Sri Lanka. Fax No 00 94 1575454
· Honorable Minister for Justice and Constitutional Affairs, 37, Kirula Place, Colombo 5. Sri Lanka. Fax No 00 94 1 437680
· Hon. Ambassador, Permanent Mission and Consulate General of Sri Lanka, 56, Rue De Moillebeau, 5th Floor, 1 209, Geneva 19, Switzerland, Fax: (41-22) 734 9084, E-mail: mission.srilanka@itu.ch
· Hon. High-Commissioner, The High Commission of the Democratic Socialist Republic of Sri Lanka 13 Hyde Park Gardens London W2 2LU United Kingdom Fax: 0044 207 262-7970
Please also write to the embassies of Sri Lanka in your respective country.
Geneva, June 11th, 2002
Kindly inform us of any action undertaken quoting the code of this appeal in your reply.