Sri Lanka
08.11.04
Urgent Interventions
Sri Lanka: transfer of a coordinator of the Human Rights Commission of Sri Lanka for having conducted a biased inquiry into a case of torture
LKA 130803.3.CC
Follow-up to case LKA 130803.CC
Child concern/Torture
The International Secretariat of OMCT has received new information regarding the following situation in Sri Lanka.
New information
The International Secretariat of OMCT has been informed by the Asian Human Rights Commission HK, a member of the OMCT network, that the Kandy coordinator of Human Rights Commission of Sri Lanka, Mr. Viranjan Sumanasekera, has been transferred for six months for further training, after an inquiry showed that he had not conducted a fully impartial inquiry into the case of Chamila Bandara (see LKA 130804.CC, LKA 130804.1.CC, LKA 130804.2.CC).
According to the information received, following the announcement of Mr. Viranjan Sumanasekera’s transfer, a HRC Employees Union, formed by the Director of Education and Training-HRC, organized a strike on 1st November 2004 in order to subvert the action taken by the HCR towards Mr. Viranjan Sumanasekera.
Some months ago, Mr. Viranjan Sumanasekera had been appointed to conduct an investigation into Chamila Bandara’s case in order to determine whether the boy had been tortured by some officers from the Amkumbura police station. He found that this was not a case of torture. However, at the same time, another investigation was carried out by the Police and found that there was clear evidence of torture.
Dr. Irwin Jayasuriya was then appointed by the Chairperson and the Commissioners of the HRC to conduct an inquiry into the Chamila Bandara case and the role of the Kandy coordinator. This independent inquiry found that the Amkumbura Police, particularly the Officer in Charge, W.M. Uvindasiri, and three other officers, did illegally arrest, detain and torture 17-year-old Chamila Bandara during July 2003 in violation of the Sri Lankan Constitution. Dr. Irwin Jayasuriyan also found that the Kandy coordinator had been biased towards the Amkumbura Police and appeared to lack in training.
Brief reminder of the situation
The International Secretariat of OMCT had been informed by the Asian Human Rights Commission-HK, a member of the OMCT network, of the torture of Chamila Bandara by several police officers from Ankumbura Police Station, Sri Lanka following his arrest on 20th July 2003. According to the information received, during police custody, Chamila Bandara was brutally tortured in order to extract a confession to recent alleged thefts. Sergeant Pathnesiri reportedly struck the victim several blows to the face and the body. One policeman also threatened to kill the victim’s cousin if he did not confess and the Inspector of Police Senevirathna allegedly hit the victim and kicked him in the face. Chamila Bandara was then released but the next day (21st July) he was taken away again to a room where several officers, including the officer in charge, reportedly hit him on the soles of his feet with a cricket stump, cane and pole. When the victim refused to confess he was further hit and a polythene bag which had contained petrol was tied to his face. They reportedly threatened to burn and kill him. Then they put the victim's hands behind his back, tied his thumbs together and strung the victim up by his thumbs from a beam on the ceiling and continued beating him.
Because of the extreme pain Chamila Bandara finally informed who his friends were, confessed to the thefts and was made to state falsely whom he had given the stolen items. On 27th July, the victim was made to sign blank pages. Police officers obtained papers from a doctor at Ankumbura hospital, although the victim was not allowed to access to a doctor. On 30th July the victim was granted bail on ten thousand rupees surety. The next day, he received treatment in the Peredeniya Teaching Hospital at Kandy for six days. The doctors declared that the torture has rendered Mr Bandara's left arm permanently useless, and the other injured. According to medical reports, his spine was also seriously damaged.
In October 2003, the victim's family filed complaints against the alleged perpetrators to the Sri Lankan authorities, and the Supreme Court granted leave to proceed with the application relating to the violation of his fundamental rights. A complaint was also made to the UN Special Rapporteur on Question of Torture and the Human Rights Committee.
The alleged perpetrators, angry about these actions against them, reportedly coerced local criminals into intimidating the victim and his family. The victim's mother has been directly threatened many times by police officers and by people believed to be coerced by the alleged perpetrators. After being attacked by an unknown person, the mother left the village. A human rights NGO is protecting Chamila Bandara. The alleged perpetrators also reportedly attempted to fabricate the case by forcing some boys to testify that the victim's injury was caused by a fall. The boys did this out of fear, and several of them have already retracted their statements taken under duress. Meanwhile, the officer in charge, accused of being the chief perpetrator of the torture against the victim, is still working at the Angkumbura police station.
The International Secretariat of OMCT strongly condemns the Ankumbura police officers’ acts of torture perpetrated against Chamila Bandara as well as the constant harassment of his family and urges the authorities of Sri Lanka to protect them. The OMCT regrets the strike organized on 1st November 2004 by a HRC Employees Union and affirms its support to the Human Rights Commission to protect human rights in Sri Lanka.
Action requested
Please write to the authorities in Sri Lanka urging them to :
i. guarantee the physical and psychological integrity of Chamila Bandara and his family;
ii. ensure the impartiality of the investigation into these events in order to identify those responsible, bring them to trial and apply the criminal and/or administrative sanctions as provided by law;
iii. guarantee that adequate reparation is provided to the victim and his family;
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
Please also write to the embassies of Sri Lanka in your respective country.
Geneva, 8th November, 2004
Kindly inform us of any action undertaken quoting the code of this appeal in your reply.
Follow-up to case LKA 130803.CC
Child concern/Torture
The International Secretariat of OMCT has received new information regarding the following situation in Sri Lanka.
New information
The International Secretariat of OMCT has been informed by the Asian Human Rights Commission HK, a member of the OMCT network, that the Kandy coordinator of Human Rights Commission of Sri Lanka, Mr. Viranjan Sumanasekera, has been transferred for six months for further training, after an inquiry showed that he had not conducted a fully impartial inquiry into the case of Chamila Bandara (see LKA 130804.CC, LKA 130804.1.CC, LKA 130804.2.CC).
According to the information received, following the announcement of Mr. Viranjan Sumanasekera’s transfer, a HRC Employees Union, formed by the Director of Education and Training-HRC, organized a strike on 1st November 2004 in order to subvert the action taken by the HCR towards Mr. Viranjan Sumanasekera.
Some months ago, Mr. Viranjan Sumanasekera had been appointed to conduct an investigation into Chamila Bandara’s case in order to determine whether the boy had been tortured by some officers from the Amkumbura police station. He found that this was not a case of torture. However, at the same time, another investigation was carried out by the Police and found that there was clear evidence of torture.
Dr. Irwin Jayasuriya was then appointed by the Chairperson and the Commissioners of the HRC to conduct an inquiry into the Chamila Bandara case and the role of the Kandy coordinator. This independent inquiry found that the Amkumbura Police, particularly the Officer in Charge, W.M. Uvindasiri, and three other officers, did illegally arrest, detain and torture 17-year-old Chamila Bandara during July 2003 in violation of the Sri Lankan Constitution. Dr. Irwin Jayasuriyan also found that the Kandy coordinator had been biased towards the Amkumbura Police and appeared to lack in training.
Brief reminder of the situation
The International Secretariat of OMCT had been informed by the Asian Human Rights Commission-HK, a member of the OMCT network, of the torture of Chamila Bandara by several police officers from Ankumbura Police Station, Sri Lanka following his arrest on 20th July 2003. According to the information received, during police custody, Chamila Bandara was brutally tortured in order to extract a confession to recent alleged thefts. Sergeant Pathnesiri reportedly struck the victim several blows to the face and the body. One policeman also threatened to kill the victim’s cousin if he did not confess and the Inspector of Police Senevirathna allegedly hit the victim and kicked him in the face. Chamila Bandara was then released but the next day (21st July) he was taken away again to a room where several officers, including the officer in charge, reportedly hit him on the soles of his feet with a cricket stump, cane and pole. When the victim refused to confess he was further hit and a polythene bag which had contained petrol was tied to his face. They reportedly threatened to burn and kill him. Then they put the victim's hands behind his back, tied his thumbs together and strung the victim up by his thumbs from a beam on the ceiling and continued beating him.
Because of the extreme pain Chamila Bandara finally informed who his friends were, confessed to the thefts and was made to state falsely whom he had given the stolen items. On 27th July, the victim was made to sign blank pages. Police officers obtained papers from a doctor at Ankumbura hospital, although the victim was not allowed to access to a doctor. On 30th July the victim was granted bail on ten thousand rupees surety. The next day, he received treatment in the Peredeniya Teaching Hospital at Kandy for six days. The doctors declared that the torture has rendered Mr Bandara's left arm permanently useless, and the other injured. According to medical reports, his spine was also seriously damaged.
In October 2003, the victim's family filed complaints against the alleged perpetrators to the Sri Lankan authorities, and the Supreme Court granted leave to proceed with the application relating to the violation of his fundamental rights. A complaint was also made to the UN Special Rapporteur on Question of Torture and the Human Rights Committee.
The alleged perpetrators, angry about these actions against them, reportedly coerced local criminals into intimidating the victim and his family. The victim's mother has been directly threatened many times by police officers and by people believed to be coerced by the alleged perpetrators. After being attacked by an unknown person, the mother left the village. A human rights NGO is protecting Chamila Bandara. The alleged perpetrators also reportedly attempted to fabricate the case by forcing some boys to testify that the victim's injury was caused by a fall. The boys did this out of fear, and several of them have already retracted their statements taken under duress. Meanwhile, the officer in charge, accused of being the chief perpetrator of the torture against the victim, is still working at the Angkumbura police station.
The International Secretariat of OMCT strongly condemns the Ankumbura police officers’ acts of torture perpetrated against Chamila Bandara as well as the constant harassment of his family and urges the authorities of Sri Lanka to protect them. The OMCT regrets the strike organized on 1st November 2004 by a HRC Employees Union and affirms its support to the Human Rights Commission to protect human rights in Sri Lanka.
Action requested
Please write to the authorities in Sri Lanka urging them to :
i. guarantee the physical and psychological integrity of Chamila Bandara and his family;
ii. ensure the impartiality of the investigation into these events in order to identify those responsible, bring them to trial and apply the criminal and/or administrative sanctions as provided by law;
iii. guarantee that adequate reparation is provided to the victim and his family;
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
- Mr. Mahindra Rajapakse, Prime Minister, Cambridge Place, Colombo 7, SRI LANKA, Fax: +94 11 2 682905 / 575454, E-mail: secpm@sltnet.lk or bradmanw@slt.lk
- Mr. K. C. Kamalasabesan, Attorney General, Attorney General's Department, Colombo 12, SRI LANKA, Fax: +94 11 2 436 421, Email: attorney@sri.lanka.net or counsel@sri.lanka.net
- Mr. Chandra Fernando, Inspector General of Police (IGP), New Secretariat, Colombo , SRI LANKA, Fax: +94 11 2 440440/426711/327877
- Mr. Ranjith Abeysuriya PC, Chairperson, National Police Commission, 69-1 Ward Place, Colombo 7, SRI LANKA, Fax: +94 11 2 669 528, Fax HOME: +94 11 2 674148, E-mail: polcom@sltnet.lk
Please also write to the embassies of Sri Lanka in your respective country.
Geneva, 8th November, 2004
Kindly inform us of any action undertaken quoting the code of this appeal in your reply.