Sri Lanka
23.09.03
Urgent Interventions
Sri Lanka: torture and arbitrary detention of Mr. Kurupanawa Gamage Nihal
Case LKA 220903
Torture / Arbitrary detention / Release
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 arbitrary arrest and torture of Mr. Kurupanawa Gamage Nihal by police officers in Sri Lanka.
According to the information received, on the evening of August 17th, Kurupanawa Gamage Nihal of Katagoda, Udugama was stopped while on his way to the lake for a bath by six or seven people wearing civilian clothes. The group approached him, asking if he was Nihal and, without giving him the chance to answer, a man in the group, who was later identified to be sub-inspector Wijekoon, immediately began to assault him with a pole. He beat Nihal severely with the instrument until it broke. The victim fell to the ground during the assault, and S.I. Wijekoon continued kicking him all over his body, especially in the legs, face, and back. Wijekoon also slapped Nihal's cheeks until his left cheek began to bleed. The victim was bleeding from his nose and face, and S.I. Wijekoon also broke his nose, resulting in permanent damage. The other officers accompanying S.I. Wijekoon reportedly participated in the assault.
The victim's brother, Kurupanwa Gamage Jayathissa arrived at the scene of the assault and demanded that the attack be put to an end. S.I. Wijekoon and the other officers ignored him and continued the assault. The victim was bleeding profusely from the head by this point. Kurupanawa Gamage Nihal was then taken to the Udugama Police Station. The bleeding continued and he was taken to the Udugma District Hospital, accompanied by three police officers. The doctor who examined him advised that he be hospitalized immediately. The victim was admitted to the hospital, and two police officers remained to act as guards. While the victim was in the hospital, S.I. Wijekoon and another officer forced him to put his thumbprint on a bottle and to sign some documents. The victim was in a state of semi-consciousness and thought he was dying; he had no idea what the documents were.
The next day two police officers forced the victim to leave the hospital and brought him before a magistrate, where it was ordered that Nihal be detained for 14 days. Nihal was still unaware of the charges that were being brought against him. When he was taken to the detention prison at Galle, he was denied his requests for medical treatment.
On August 21st, Nihal's relatives posted his bail. The victim went to the doctor at the district hospital of Udugama. After his examination the doctor determined that his condition was serious and that he should be hospitalized immediately. The victim was then admitted to the Teaching Hospital at Karapitaya, where he received X-ray examinations and underwent surgery. According to the medical report given by the judicial officer, Dr. K.I. Premathilaka, the victim suffered the following injuries: a 3 cm horizontal laceration on the left side of the parietal region, a bilateral black eye below the eyes, and a 6 cm circular swelling on the left parietal region. He was discharged from the hospital on August 27th and was advised to undergo further treatment.
The International Secretariat of OMCT is gravely concerned by this violation of Mr. Kurupanawa Gamage Nihal’s personal integrity as well as his subsequent arbitrary detention and the lack of provision of adequate medical assistance by the Sri Lankan authorities. 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. OMCT urges the authorities to guarantee that the victim be provided with adequate reparation including medical assistance.
Action requested
Please write to the authorities in Sri Lanka urging them to:
i. intervene with the proper authorities to ensure that adequate medical assistance is provided as a matter of urgency to the victim;
ii. 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;
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
· President, Her Excellency Chandrika Bandaranaike Kumaratunga, President's House, Colombo 3, Sri Lanka, Fax: +94 12 333 703, E-mail: for_min@sri.lanka.net
· Prime Minister, Hon. Ranil Wickremasinghe, Cambridge Place, Colombo 7, Sri Lanka, Fax: +94 12 575 454/682 905, E-mail: secpm@sltnet.lk, bradmanw@slt.lk
· Attorney General, Hon. K.C. Kamalasabesan, Attorney General's Department, Colombo 12, Sri Lanka, Fax: +94 12 436 421, E-mail: attorney@sri.lanka.net or counsel@sri.lanka.net
· 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
· Minister of Interior, Honourable John Amaratunga, Colombo, Sri Lanka, Fax: +94 12 387 526/698 282
· Inspector General of Police, Mr. T.E. Anandarajah, Sri Lanka Police Headquarters, New Secretariat, Colombo 1, Sri Lanka, Fax: +94 1 438 915/446 174
· Chairman of National Police Commission, Mr. Ranjith Abeysuriya PC, 10 A, Flower Road, Colombo 7, Sri Lanka
· Ambassadeur Kariyawasam,Prasad, 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, September 22nd, 2003
Kindly inform us of any action undertaken quoting the code of this appeal in your reply.
Torture / Arbitrary detention / Release
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 arbitrary arrest and torture of Mr. Kurupanawa Gamage Nihal by police officers in Sri Lanka.
According to the information received, on the evening of August 17th, Kurupanawa Gamage Nihal of Katagoda, Udugama was stopped while on his way to the lake for a bath by six or seven people wearing civilian clothes. The group approached him, asking if he was Nihal and, without giving him the chance to answer, a man in the group, who was later identified to be sub-inspector Wijekoon, immediately began to assault him with a pole. He beat Nihal severely with the instrument until it broke. The victim fell to the ground during the assault, and S.I. Wijekoon continued kicking him all over his body, especially in the legs, face, and back. Wijekoon also slapped Nihal's cheeks until his left cheek began to bleed. The victim was bleeding from his nose and face, and S.I. Wijekoon also broke his nose, resulting in permanent damage. The other officers accompanying S.I. Wijekoon reportedly participated in the assault.
The victim's brother, Kurupanwa Gamage Jayathissa arrived at the scene of the assault and demanded that the attack be put to an end. S.I. Wijekoon and the other officers ignored him and continued the assault. The victim was bleeding profusely from the head by this point. Kurupanawa Gamage Nihal was then taken to the Udugama Police Station. The bleeding continued and he was taken to the Udugma District Hospital, accompanied by three police officers. The doctor who examined him advised that he be hospitalized immediately. The victim was admitted to the hospital, and two police officers remained to act as guards. While the victim was in the hospital, S.I. Wijekoon and another officer forced him to put his thumbprint on a bottle and to sign some documents. The victim was in a state of semi-consciousness and thought he was dying; he had no idea what the documents were.
The next day two police officers forced the victim to leave the hospital and brought him before a magistrate, where it was ordered that Nihal be detained for 14 days. Nihal was still unaware of the charges that were being brought against him. When he was taken to the detention prison at Galle, he was denied his requests for medical treatment.
On August 21st, Nihal's relatives posted his bail. The victim went to the doctor at the district hospital of Udugama. After his examination the doctor determined that his condition was serious and that he should be hospitalized immediately. The victim was then admitted to the Teaching Hospital at Karapitaya, where he received X-ray examinations and underwent surgery. According to the medical report given by the judicial officer, Dr. K.I. Premathilaka, the victim suffered the following injuries: a 3 cm horizontal laceration on the left side of the parietal region, a bilateral black eye below the eyes, and a 6 cm circular swelling on the left parietal region. He was discharged from the hospital on August 27th and was advised to undergo further treatment.
The International Secretariat of OMCT is gravely concerned by this violation of Mr. Kurupanawa Gamage Nihal’s personal integrity as well as his subsequent arbitrary detention and the lack of provision of adequate medical assistance by the Sri Lankan authorities. 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. OMCT urges the authorities to guarantee that the victim be provided with adequate reparation including medical assistance.
Action requested
Please write to the authorities in Sri Lanka urging them to:
i. intervene with the proper authorities to ensure that adequate medical assistance is provided as a matter of urgency to the victim;
ii. 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;
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
· President, Her Excellency Chandrika Bandaranaike Kumaratunga, President's House, Colombo 3, Sri Lanka, Fax: +94 12 333 703, E-mail: for_min@sri.lanka.net
· Prime Minister, Hon. Ranil Wickremasinghe, Cambridge Place, Colombo 7, Sri Lanka, Fax: +94 12 575 454/682 905, E-mail: secpm@sltnet.lk, bradmanw@slt.lk
· Attorney General, Hon. K.C. Kamalasabesan, Attorney General's Department, Colombo 12, Sri Lanka, Fax: +94 12 436 421, E-mail: attorney@sri.lanka.net or counsel@sri.lanka.net
· 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
· Minister of Interior, Honourable John Amaratunga, Colombo, Sri Lanka, Fax: +94 12 387 526/698 282
· Inspector General of Police, Mr. T.E. Anandarajah, Sri Lanka Police Headquarters, New Secretariat, Colombo 1, Sri Lanka, Fax: +94 1 438 915/446 174
· Chairman of National Police Commission, Mr. Ranjith Abeysuriya PC, 10 A, Flower Road, Colombo 7, Sri Lanka
· Ambassadeur Kariyawasam,Prasad, 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, September 22nd, 2003
Kindly inform us of any action undertaken quoting the code of this appeal in your reply.