Sri Lanka
13.10.03
Urgent Interventions

Sri Lanka: torture and urgent need of medical assistance of Mr. Raman Pillai Kesam Nayar Ashokan

Case LKA 081003
Arbitrary detention / Torture / Death threats / 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 (AHRC), a member of the OMCT network, of the torture and urgent need of medical assistance of Mr. Raman Pillai Kesam Nayar Ashokan in Sri Lanka.

According to the information received, on September 6th, 2003, 42-year-old wine store cashier Mr. Raman Pillai Kesam Nayar Ashokan, of 35/3 A, Mapanawathura lane, Kandy, was attacked by unknown persons while he was carrying the money from the store. They put him inside a van and used chemicals to make him lose consciousness. When he regained his consciousness, Raman Pillai found himself inside a police jeep. At around 8:30pm, he was brought to the Katugastota police station and was questioned. Raman Pillai told the police that he had been robbed. At around 9:30pm the owner of the wine store, the employer of the victim, arrived in the police station. After the owner had talked with the police for about 10-15 minutes, the police accused Raman Pillai of stealing the money and while questioning him further, began assaulting him.

Raman Pillai was then taken to a police cell. Later the police took him to a doctor at Katugastota hospital, and then to the district medical officer (DMO). After examining him, the DMO said that chemicals, thought to be chloroform, were used on him and the police should take the victim to a hospital with adequate facilities. However, the police brought Raman Pillai back to the police station and put him in a cell. Throughout this period, the police did not inform Raman Pillai's family about his arrest nor detention. The victim's family were only informed of his arrest on September 7th, 2003. When his wife visited the victim at the police station, she found that he could only speak to her with great difficulty.

During his ordeal, the police reportedly took him upstairs in the police station and removed his clothes. They ordered him to lie down and blindfolded his eyes. Then they beat him severely with something that the victim thought was a cane or a pole. The police kept asking whether he had taken the money and where the money was. The police also proffered death threats against him and one police officer demanded that he tell the truth while hitting the victim's soles and feet. After severely beating on the victim’s soles, the police forced him to jump up and down. They also forced him to carry a police officer and walk stamping his feet heavily on the ground. A police officer also hit the victim's nose with a pole. He again forced the victim to lie down and three persons sat on his back while he was again hit on the soles. He was not able to walk afterwards because of the severe pain. Raman Pillai recognized the persons who sat on him as the "Grama Arakshaka " officers (village security assistants).

After having been returned to his cell, the police forced him to sign a statement, the content of which was kept from him. The police later took him to the magistrate, who ordered that he be remanded. While he was in remand, the victim had difficulties in breathing and had severe pain in his back and soles. He was released on bail on September 16th, 2003. He received medical treatment at a private medical clinic from September 17th to 18th. However, his condition worsened and he was hospitalized at the Peradeniya General Hospital on September 22nd, 2003. While the victim has been in hospital, his family has reportedly received threats from unknown persons, which are thought to be in connection with complaints that they registered with the police as a result of these events.

The International Secretariat of OMCT is gravely concerned for the physical and psychological integrity of torture victim Mr. Raman Pillai Kesam Nayar Ashokan, who remains in urgent need of medical assistance, and the members of his family, who have received threats following complaints that they have lodged in relation with his case. OMCT calls on the authorities to guarantee these persons' personal integrity at all times, including the provision of adequate medical assistance. OMCT urges the authorities to launch a prompt and impartial investigation into these serious allegations of torture and threats, to bring the perpetrators to justice and to award adequate reparation to the victim and his family.

Action requested

Please write to the authorities in Sri Lanka urging them to:

i. take all necessary measures to guarantee the physical and psychological integrity of Mr. Raman Pillai Kesam Nayar Ashokan and the members of his family;
ii. intervene with the proper authorities to ensure that adequate medical assistance is provided as a matter of urgency to Mr. Raman Pillai Kesam Nayar Ashokan;
iii. 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;
iv. guarantee that adequate reparation is provided to Mr. Raman Pillai Kesam Nayar Ashokan and the members of his family;
v. 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: +94 12 2 333 703, 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
· Mr. Ranjith Abeysuriya PC, Chairman National Police Commission, 69-1 Ward Place, Colombo 7, Sri Lanka, Fax: +94 1 2 691 926, Fax HOME: +941 2 674148
· National Human Rights Commission of Sri Lanka, No. 36, Kynsey Road, Colombo 8, Sri Lanka, Fax: +94 1 2 694 924, E-mail: sechrc@sltnet.lk
· 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, October 8th, 2003

Kindly inform us of any action undertaken quoting the code of this appeal in your reply.