Sri Lanka
01.10.03
Urgent Interventions
Sri Lanka: torture victim Mr. Lalith Rajapakse acquitted of fabricated charges
Case LKA 130502.3
Follow-up of Case LKA 130502
Torture / Right to reparation / Impunity
Geneva, October 1st, 2003
The International Secretariat of OMCT has received new information concerning the following situation in Sri Lanka.
New information
The International Secretariat of OMCT has been informed by the Asian Human Rights Commission, a member of the OMCT network, that torture victim Mr. Lalith Rajapakse has been acquitted of fabricated charges against him, in Sri Lanka.
According to the information received, Lalith Rajapakse, who was brutally tortured by the officers from the Kandana Police, was acquitted of the fabricated charges filed against him at the Magistrate's Court of Wattala, Sri Lanka on September 29th, 2003. The victim had been charged with two acts of robbery. In both cases the defense maintained that the police fabricated charges after they had tortured Lalith Rajapakse and took him to the hospital in an unconscious condition on 20 April 2002. Later the police filed 2 cases of robbery charges against Lalith Rajapakse before the magistrate.
Reports indicate that the police has been unable to aprehend the real culprits for these crimes. At the Magistrate's Court of Wattala, the complainants in both cases stated that they have made no complaint against the victim. At this stage the attorney for Lalith Rajapakse, W.R. Sanjeewa, moved that there was no basis to proceed with the case and requested the Magistrate to acquit the charges against the victim. The Magistrate made orders to acquit Lalith Rajapaske in both cases.
Our sources have consistently pointed out that in almost all cases the victims of torture are innocent and the torture is used for the purpose of implicating innocent person(s) in unresolved crimes. The case Lalith Rajapakse filed against the police for violation of fundamental rights is pending before the Supreme Court of Sri Lanka and due to be heard next month. A criminal case under the Torture Act (Act No. 22 of 1994) of Sri Lanka has been filed in the High Court of Negombo against several police officers who have torture Lalith Rajapakse. No date has yet been fixed for trial. Further to this, nothing has been done by the state for rehabilitation of the torture victim, Lalith Rajapakse. In addition, even though criminal cases have been filed against police officers who tortured the victim, they still continue to function as police officers.
OMCT is pleased to hear that Mr. Lalith Rajapaske has benn acquitted of these fabricated charges, but continues to be gravely concerned for his personal integrity, as he requires immediate medical assistance and further rehabilitation. OMCT is also gravely concerned by the fact that the alleged perpetrators of these violations continue to be active within the police. OMCT therefore calls upon the Sri Lankan authorities to ensure that the cases filed before the High Court of Negombo and the Supreme Court of Sri Lanka are dealt with expeditiously, in order to bring those responsible of these violations to justice and to award the victim adequate reparation, respectively. OMCT further calls upon the authorities to guarantee Mr. Lalith Rajapaske immediate access to appropraite medical assistance.
Brief reminder of the situation
According to the information received, 19-year old Lalith Rajapakse was assaulted and arbitrarily arrested on April 18th, 2002by police officer Wijeratne (badge no. 31125) and two other officers and subjected to torture while in detention at the Kabdana police station on April 19th, 2002, in Colombo, Sri Lanka, having been accused of theft. Mr. Rajapakse was taken to Colombo Central Hospital, where he remained unconscious until May 7th, 2002, and subsequently 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.
Separately, Mr. Bopearachchige Lal Appuhamy has been threatened by the Sri Lankan police with death 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 Sri Lanka.
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. Lalith Rajapaske and the members of his family;
ii. ensure the impartial and expeditious trial of those identified as the perpetrators of the alleged torture and falsified charges, in order to bring them to justice and apply the penal and/or administrative sanctions as provided by law;
iii. guarantee that adequate reparation is provided to Mr. Lalith Rajapaske, including immediate access to medical assistance, and compensation and rehabilitation;
iv. 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
· 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 1st, 2003
Kindly inform us of any action undertaken quoting the code of this appeal in your reply.
Follow-up of Case LKA 130502
Torture / Right to reparation / Impunity
Geneva, October 1st, 2003
The International Secretariat of OMCT has received new information concerning the following situation in Sri Lanka.
New information
The International Secretariat of OMCT has been informed by the Asian Human Rights Commission, a member of the OMCT network, that torture victim Mr. Lalith Rajapakse has been acquitted of fabricated charges against him, in Sri Lanka.
According to the information received, Lalith Rajapakse, who was brutally tortured by the officers from the Kandana Police, was acquitted of the fabricated charges filed against him at the Magistrate's Court of Wattala, Sri Lanka on September 29th, 2003. The victim had been charged with two acts of robbery. In both cases the defense maintained that the police fabricated charges after they had tortured Lalith Rajapakse and took him to the hospital in an unconscious condition on 20 April 2002. Later the police filed 2 cases of robbery charges against Lalith Rajapakse before the magistrate.
Reports indicate that the police has been unable to aprehend the real culprits for these crimes. At the Magistrate's Court of Wattala, the complainants in both cases stated that they have made no complaint against the victim. At this stage the attorney for Lalith Rajapakse, W.R. Sanjeewa, moved that there was no basis to proceed with the case and requested the Magistrate to acquit the charges against the victim. The Magistrate made orders to acquit Lalith Rajapaske in both cases.
Our sources have consistently pointed out that in almost all cases the victims of torture are innocent and the torture is used for the purpose of implicating innocent person(s) in unresolved crimes. The case Lalith Rajapakse filed against the police for violation of fundamental rights is pending before the Supreme Court of Sri Lanka and due to be heard next month. A criminal case under the Torture Act (Act No. 22 of 1994) of Sri Lanka has been filed in the High Court of Negombo against several police officers who have torture Lalith Rajapakse. No date has yet been fixed for trial. Further to this, nothing has been done by the state for rehabilitation of the torture victim, Lalith Rajapakse. In addition, even though criminal cases have been filed against police officers who tortured the victim, they still continue to function as police officers.
OMCT is pleased to hear that Mr. Lalith Rajapaske has benn acquitted of these fabricated charges, but continues to be gravely concerned for his personal integrity, as he requires immediate medical assistance and further rehabilitation. OMCT is also gravely concerned by the fact that the alleged perpetrators of these violations continue to be active within the police. OMCT therefore calls upon the Sri Lankan authorities to ensure that the cases filed before the High Court of Negombo and the Supreme Court of Sri Lanka are dealt with expeditiously, in order to bring those responsible of these violations to justice and to award the victim adequate reparation, respectively. OMCT further calls upon the authorities to guarantee Mr. Lalith Rajapaske immediate access to appropraite medical assistance.
Brief reminder of the situation
According to the information received, 19-year old Lalith Rajapakse was assaulted and arbitrarily arrested on April 18th, 2002by police officer Wijeratne (badge no. 31125) and two other officers and subjected to torture while in detention at the Kabdana police station on April 19th, 2002, in Colombo, Sri Lanka, having been accused of theft. Mr. Rajapakse was taken to Colombo Central Hospital, where he remained unconscious until May 7th, 2002, and subsequently 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.
Separately, Mr. Bopearachchige Lal Appuhamy has been threatened by the Sri Lankan police with death 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 Sri Lanka.
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. Lalith Rajapaske and the members of his family;
ii. ensure the impartial and expeditious trial of those identified as the perpetrators of the alleged torture and falsified charges, in order to bring them to justice and apply the penal and/or administrative sanctions as provided by law;
iii. guarantee that adequate reparation is provided to Mr. Lalith Rajapaske, including immediate access to medical assistance, and compensation and rehabilitation;
iv. 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
· 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 1st, 2003
Kindly inform us of any action undertaken quoting the code of this appeal in your reply.