Sri Lanka
16.09.03
Urgent Interventions
Sri Lanka: torture of four persons and continuing detention of one of them
Case LKA 160903
Arbitrary and incommunicado detention / Death threats / Torture / Risk of torture
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 detention and torture of detainees by law enforcement officers in Sri Lanka.
According to the information received, on July 7th, 2003, between 5 and 6 p.m., Dhanapala Dingham Ramaiya, Saravanaraj Ramaiya, and Prabhakaran Muragaiya were walking from the town of Bogawantalawa towards Chapelton when two three-wheelers approached them at high speed from the opposite direction. The first three-wheeler hit Dhanapala Singham Ramaiya, throwing him from the road. Neither vehicle stopped after the accident, so the three men went to the Bogawantalawa police station to file a complaint. As the three approached a cassette shop in Bogawantalawa, they were severely assaulted with batons and poles by three people in civilian clothing who were in a jeep. From their conversation and the way they addressed each other, the three victims believed that their attackers were police officers, including the Officer in Charge (OIC) of the Bogawantalawa police. They were then taken to the police station where they were reportedly beaten again by the person who was identified as the OIC.
At approximately 10 p.m., they were allowed to meet with a doctor at the hospital. The doctor met briefly with the OIC and then examined S. Ramaiya. According to Saravanaraj Ramaiya, he was warned by the OIC not to tell the doctor that he had been assaulted, but to tell him only about the three-wheeler accident. While he was being examined, the OIC reportedly held a gun against his brother and threatened to shoot if Saravanaraj told the doctor the truth about the assault. Furthermore, the doctor did not ask him any questions and did not examine the wounds on his back that resulted from beatings with a pole, nor did he examine the wounds inflicted on his brother.
While the three victims were in the hospital, they were visited by Ramaiya Thangaiya and Sevanu Muttukamari, the parents of Savanaraj and Singham Danapala Ramaiya; Prabhakaran Murugan, the father of Murugaiya Thuraisamy; Mr. Logan, the Chairperson of the District Council; and Mr. Uthran, the representative of the trade union C.W.C. These persons were chased away by the OIC were told that they could “wait to see things at the local courts.” The victims were then taken back to the police station and detained. A certain Mr. Bala allegedly came to bring them food and was chased away by the OIC and had hot water thrown on him that burnt his hands. On July 8th, 2003, the OIC had the victims sign a document that was then submitted to the Magistrate in Hatton. In the complaint submitted by the police to the magistrate regarding the three victims, they were accused of having assaulted the driver of the three-wheeler. The lawyer representing the defendants pointed out that the three had, in truth, been assaulted by the police. The wounds sustained on Saravanraj Ramaiya's back were shown to the magistrate, who showed no interest. Instead, the magistrate asked the police officer why the guns given to them were not used in such an occasion. They were ordered to be detained for the following 14 days. After being held at the Bogambara prison, Dhanapala Singham Ramaiya was held in the prison ward hospital for three days, receiving treatment for the wounds allegedly sustained at the hands of the Sri Lankan police. Following an application made by their lawyer to the magistrate, they were granted bail. Torture at the hands of the police officers was mentioned in the application for bail, but the magistrate only advised them to make a complaint to the police. Later, they were admitted to the Nuwaraeliya hospital where they stayed for four days, during which time a statement was recorded by an officer bearing the number R 7957, who was attached to the hospital police. The next hearing at the Hatton magistrate court was set for August 19th.
The victims' efforts to make a complaint to the Superintendent of Police met with no success. Through the mediation of the Kandy Justice, Peace and Human Development committee, the victims were able to meet with the Superintendent of Police, Mr. R. Kumarasinghe, and make a complaint. The Assistant Superintendent of Police refused to accept their complaint but later, on the evidence provided by the representative of the Human Rights Committee, he recorded separate statements from each of the three victims. Unfortunately, so far no investigations have been conducted regarding this complaint. In the meantime, the complaint made by the police against these three persons were to be heard on the August 19th, but, due to the absence of the magistrate, the case was postponed for September 9th – the results of this hearing are not yet known. It also must be mentioned that, thus far, the police have not been able to produce any charges against the three men.
In a separate case of the use of torture by members of the Sri Lanka Police, at around 4:30 a.m. on September 7th, 2003, 23-year-old Mr. Padukkage Nishantha Thusahara Perera was arrested by four police officers from the Divulapitiya Police Station. He was brought to the Divulapitaya Police Station, where according to his mother, Brigitte Patricia, he has been asked to give evidence against a suspect in a case concerning local cattle thefts about which he reportedly knows nothing. He has been continuously tortured in detention and is still being held there. His father went to see him on September 8th and was detained at the station until a local politician intervened and secured his released the next day. Mr. Perera's parents are not permitted to see him and there are grave concerns that he remains at a high risk of being subjected to further torture during his incommunicado detention.
The International Secretariat of OMCT is gravely concerned by the allegations of the use of torture on Mr. Dhanapala Singham Ramaiya, Mr. Saravanaraj Ramaiya, Mr. Prabhakaran Muragaiya and Mr. Padukkage Nishantha Thushara Perera, and in particular for the latter’s physical and psychological integrity. OMCT calls for Mr. Padukkage Nishantha Thushara Perera’s immediate release in the absence of valid legal charges that are in line with international law. OMCT also notes with concern that police officers that perpetrate human rights violations in Sri Lanka enjoy almost total impunity. OMCT calls on the Sri Lankan government to order an immediate and thorough investigation into these allegations of torture, to bring the perpetrators to justice, and to provide adequate reparation to the victims of these abuses.
Action requested
Please write to the authorities in Sri Lanka urging them to:
i. take all necessary measures to guarantee the personal integrity of Dhanapala Dingham Ramaiya, Saravanaraj Ramaiya, Prabhakaran Muragaiya and Padukkage Nishantha Thushara Perera;
ii. guarantee that Mr. Perera is granted access to legal representation and family visits;
iii. order Mr. Perera’s immediate release in the absence of legal charges that are consistent with international law and standards;
iv. guarantee that all four persons are brought before an impartial and competent tribunal, that their procedural rights are respected at all times, and that they receive adequate reparation;
v. 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;
vi. 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
· 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
· 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
Please also write to the embassies of Sri Lanka in your respective country.
Geneva, September 16th, 2003
Kindly inform us of any action undertaken quoting the code of this appeal in your reply.
Arbitrary and incommunicado detention / Death threats / Torture / Risk of torture
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 detention and torture of detainees by law enforcement officers in Sri Lanka.
According to the information received, on July 7th, 2003, between 5 and 6 p.m., Dhanapala Dingham Ramaiya, Saravanaraj Ramaiya, and Prabhakaran Muragaiya were walking from the town of Bogawantalawa towards Chapelton when two three-wheelers approached them at high speed from the opposite direction. The first three-wheeler hit Dhanapala Singham Ramaiya, throwing him from the road. Neither vehicle stopped after the accident, so the three men went to the Bogawantalawa police station to file a complaint. As the three approached a cassette shop in Bogawantalawa, they were severely assaulted with batons and poles by three people in civilian clothing who were in a jeep. From their conversation and the way they addressed each other, the three victims believed that their attackers were police officers, including the Officer in Charge (OIC) of the Bogawantalawa police. They were then taken to the police station where they were reportedly beaten again by the person who was identified as the OIC.
At approximately 10 p.m., they were allowed to meet with a doctor at the hospital. The doctor met briefly with the OIC and then examined S. Ramaiya. According to Saravanaraj Ramaiya, he was warned by the OIC not to tell the doctor that he had been assaulted, but to tell him only about the three-wheeler accident. While he was being examined, the OIC reportedly held a gun against his brother and threatened to shoot if Saravanaraj told the doctor the truth about the assault. Furthermore, the doctor did not ask him any questions and did not examine the wounds on his back that resulted from beatings with a pole, nor did he examine the wounds inflicted on his brother.
While the three victims were in the hospital, they were visited by Ramaiya Thangaiya and Sevanu Muttukamari, the parents of Savanaraj and Singham Danapala Ramaiya; Prabhakaran Murugan, the father of Murugaiya Thuraisamy; Mr. Logan, the Chairperson of the District Council; and Mr. Uthran, the representative of the trade union C.W.C. These persons were chased away by the OIC were told that they could “wait to see things at the local courts.” The victims were then taken back to the police station and detained. A certain Mr. Bala allegedly came to bring them food and was chased away by the OIC and had hot water thrown on him that burnt his hands. On July 8th, 2003, the OIC had the victims sign a document that was then submitted to the Magistrate in Hatton. In the complaint submitted by the police to the magistrate regarding the three victims, they were accused of having assaulted the driver of the three-wheeler. The lawyer representing the defendants pointed out that the three had, in truth, been assaulted by the police. The wounds sustained on Saravanraj Ramaiya's back were shown to the magistrate, who showed no interest. Instead, the magistrate asked the police officer why the guns given to them were not used in such an occasion. They were ordered to be detained for the following 14 days. After being held at the Bogambara prison, Dhanapala Singham Ramaiya was held in the prison ward hospital for three days, receiving treatment for the wounds allegedly sustained at the hands of the Sri Lankan police. Following an application made by their lawyer to the magistrate, they were granted bail. Torture at the hands of the police officers was mentioned in the application for bail, but the magistrate only advised them to make a complaint to the police. Later, they were admitted to the Nuwaraeliya hospital where they stayed for four days, during which time a statement was recorded by an officer bearing the number R 7957, who was attached to the hospital police. The next hearing at the Hatton magistrate court was set for August 19th.
The victims' efforts to make a complaint to the Superintendent of Police met with no success. Through the mediation of the Kandy Justice, Peace and Human Development committee, the victims were able to meet with the Superintendent of Police, Mr. R. Kumarasinghe, and make a complaint. The Assistant Superintendent of Police refused to accept their complaint but later, on the evidence provided by the representative of the Human Rights Committee, he recorded separate statements from each of the three victims. Unfortunately, so far no investigations have been conducted regarding this complaint. In the meantime, the complaint made by the police against these three persons were to be heard on the August 19th, but, due to the absence of the magistrate, the case was postponed for September 9th – the results of this hearing are not yet known. It also must be mentioned that, thus far, the police have not been able to produce any charges against the three men.
In a separate case of the use of torture by members of the Sri Lanka Police, at around 4:30 a.m. on September 7th, 2003, 23-year-old Mr. Padukkage Nishantha Thusahara Perera was arrested by four police officers from the Divulapitiya Police Station. He was brought to the Divulapitaya Police Station, where according to his mother, Brigitte Patricia, he has been asked to give evidence against a suspect in a case concerning local cattle thefts about which he reportedly knows nothing. He has been continuously tortured in detention and is still being held there. His father went to see him on September 8th and was detained at the station until a local politician intervened and secured his released the next day. Mr. Perera's parents are not permitted to see him and there are grave concerns that he remains at a high risk of being subjected to further torture during his incommunicado detention.
The International Secretariat of OMCT is gravely concerned by the allegations of the use of torture on Mr. Dhanapala Singham Ramaiya, Mr. Saravanaraj Ramaiya, Mr. Prabhakaran Muragaiya and Mr. Padukkage Nishantha Thushara Perera, and in particular for the latter’s physical and psychological integrity. OMCT calls for Mr. Padukkage Nishantha Thushara Perera’s immediate release in the absence of valid legal charges that are in line with international law. OMCT also notes with concern that police officers that perpetrate human rights violations in Sri Lanka enjoy almost total impunity. OMCT calls on the Sri Lankan government to order an immediate and thorough investigation into these allegations of torture, to bring the perpetrators to justice, and to provide adequate reparation to the victims of these abuses.
Action requested
Please write to the authorities in Sri Lanka urging them to:
i. take all necessary measures to guarantee the personal integrity of Dhanapala Dingham Ramaiya, Saravanaraj Ramaiya, Prabhakaran Muragaiya and Padukkage Nishantha Thushara Perera;
ii. guarantee that Mr. Perera is granted access to legal representation and family visits;
iii. order Mr. Perera’s immediate release in the absence of legal charges that are consistent with international law and standards;
iv. guarantee that all four persons are brought before an impartial and competent tribunal, that their procedural rights are respected at all times, and that they receive adequate reparation;
v. 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;
vi. 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
· 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
· 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
Please also write to the embassies of Sri Lanka in your respective country.
Geneva, September 16th, 2003
Kindly inform us of any action undertaken quoting the code of this appeal in your reply.