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Sri Lanka
16.02.12
Urgent Interventions

Abduction of Mr. Ramasamy Prabaharan who filed a case against the police for torture

Case LKA 160212

Abduction/ Fear for the safety and the physical andpsychological integrity

TheInternational Secretariat of the World Organisation Against Torture (OMCT)requests your URGENT intervention in the following situation in Sri Lanka.

Brief description of the situation

The International Secretariat ofOMCT has been informed by a reliable source about the abduction and disappearance since 11 February 2012 of Mr. Ramasamy Prabaharan, a 42-year-old Tamil businessman, whofiled a case against the police for torture, unlawful arrest and detention.OMCT fears for his safety.

According to the informationreceived, on 11 February 2012 at around 3.30 pm, Mr. Ramasamy Prabaharanwas abducted outside his home, in Colombo, by seven armed men in plain clothes,who had hidden in the compound of his residence. He was reportedly grabbed byhis neck and forced into a white van with the registration n° 254-2106. The vanthen took the direction of the suburban town of Dehiwela.

Accordingto the same information received, Mrs. Prabaharan went on the same day to theWallewathe Police station to file a complaint on the abduction of her husband(recorded under the number 224/222/GCIB). Later that day, she received a callfrom her husband’s mobile number. The caller, who was speaking in Tamil, reportedlyasked for money. Mrs. Prabaharan immediately informed the police. At the timeof issuing this urgent appeal, the whereabouts and fate of Mr. Ramasamy Prabaharan were unknown.

OMCThas been informed that, at the time of the abduction, Mr. Ramasamy Prabaharanhad filed a fundamental rights application with the Supreme Court of Sri Lankaagainst senior police officers, the Attorney General and eight others, allegingtorture, unlawful arrest and detention. Mr. Ramasamy Prabaharan had beendetained on suspicion of being a member of the Liberation Tigers of Tamil Ealam(LTTE) from May 2009 to September 2011, when he was released due to lack ofevidence. He had reportedly been extensively tortured during his detention.

TheSupreme Court had granted leave to proceed and the hearing was to begin on 13February 2012.Mr. Ramasamy Prabaharan was abducted two days before the fundamental rightspetition was to be supported in the courts.

TheInternational Secretariat of OMCT is gravely concerned about the safety of Mr. RamasamyPrabaharan, ashis whereabouts and fate remain unknown. OMCT fears that his adduction islinked to the fundamental rights petition he filed. OMCT urges the competentauthorities to immediately locate and disclose his whereabouts, as well as guaranteehis physical and psychological integrity at all times, in accordance withinternational human rights law, in particular the Convention against Torture and OtherCruel, Inhuman or Degrading Treatment or Punishment.

Actionrequested

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

i. Immediately locate and disclose thewhereabouts of Mr. Ramasamy Prabaharan;

ii. Guarantee, in all circumstances, the physical and psychologicalintegrity of Mr. Ramasamy Prabaharan as well as of his family;

iii. Carry out aprompt, effective, thorough, independent and impartial investigation into the abduction anddisappearance of Mr. Ramasamy Prabaharan, the results of which must be madepublic, in order to bring those responsible before a competent, independent andimpartial tribunal and apply penal, civil and/or administrative sanctions asprovided by law;

iv. Ensure that an effective remedy, includingthe right to full redress with compensation and rehabilitation be granted tothe victim concerned;

v. Ensure the respect of human rights and fundamentalfreedoms throughout the country in accordance with national laws andinternational human rights standards.

Addresses

Ø Mr. Mahinda Rajapakse, President, Socialist DemocraticRepublic of Sri Lanka, C/- Office of the President,Temple Trees 150, GalleRoad,Colombo 3, Sri Lanka, Fax: +94 11 472100 / +94 11 2446657, Email:secretary@presidentsoffice.lk

Ø Mr. N.K. Illangakoon, Inspector General of Police(IGP), New Secretariat, Colombo 1, Sri Lanka, Fax: +94 11 2 440440,E-mail: igp@police.lk

Ø ShanthiEva Wanasundara, Attorney General, Attorney General's Department, Colombo 12, Sri Lanka, Fax: +94 11 2 436421

Ø Secretary, National Police Commission, 3rd Floor RotundaTowers, 109 Galle Road, Colombo 03, Sri Lanka,Tel/Fax: +94 11 2395960, E-mail: polcom@sltnet.lk

Ø Secretary, Human RightsCommission of Sri Lanka, No 108 Barnes Place, Colombo 07
Sri Lanka,Tel: +94 11 2 694 925 / 673 806, Fax: +94 11 2 694 924/ 696 470, E-mail: sechrc@sltnet.lk

Ø PermanentMission of Sri Lanka to the United Nations in Geneva, Rue de Moillebeau 56,1211 Geneva, Switzerland, Fax: +41 22 734 90 84, Email: mission.srilanka@ties.itu.int

Please also write to thediplomatic representations of Sri Lanka in your respective countries.

***

Geneva, 16 February 2012

Kindly informOMCT of any action undertaken quoting the code number of this appeal in yourreply

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