Sri Lanka
30.08.02
Urgent Interventions
Sri Lanka: 27-year old Mr. Wijewardane has been subjected to torture by the CID
Case LKA 300802
Torture / Medical assistance
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, that 27-year old Mr. Brahmanage Aruna Sheron Suranga Wijewardane from 444B Batagama South, Kandana, has been subjected to torture in the Criminal Investigations Department (CID) Headquarters in Colombo, Sri Lanka.
According to the information received, at 9:45 a.m. on August 26th 2002, Mr. Wijewardane was handed over by his uncle Mr. Lenard Nonis for questioning, in order to assist the CID with an investigation. When Mr. Wijewardene was being handed over to the CID, the Superintedent of Police (SP) Nimal Kulathunga assured Mr. Nonis that Mr. Wijewardane would not be physically ill-treated.
According to the report, however, Mr. Wijewardane was hung from the ceiling and severely beaten by police officers. The policemen used a high power hose and aimed it at Mr. Wijewardane’s genitals, inflicting excruciating pain and causing his genitals to swell.
On August 27th 2002, at about 7:00 pm, Mr. Wijewardane was reportedly brought before the Gampaha Magistrate, who ordered that Mr. Wijewardane be brought before the Gampaha Magistrate Courts on 28 August 2002. At the Court on August 28th, Mr. Wijewardane’s lawyer - Mr. Janaka Bandara - informed the magistrate about the torture that was inflicted on his client. The magistrate ordered that Mr. Wijewardane be admitted to a Judicial Medical Officer (JMO) for immediate medical examination and treatment. However, at 2:00 pm on August 29th 2002, Mr. Wijewardane had still not been admitted to a JMO. Mr. Wijewardane’s family fears for his health and are therefore anxious for him to receive a medical examination and treatment as quickly as possible. It is feared that the alleged perpetrators of these acts will however not take Mr. Wijewardane to a JMO until his wounds have healed and the visible marks of torture have disappeared.
The International Secretariat of OMCT is deeply concerned by the Criminal Investigations Department treatment of Mr. Wijewardane, notably the use of torture upon him while he was being detained for questioning and that he is not been given the medical assistance, as ordered by the Gampaha Magistrate. OMCT fears that the perpetrators of these human rights violations will continue to enjoy impunity and that Mr. Wijewardane will not be granted adequate reparation for the injuries inflicted upon him. OMCT condemns the Sri Lankan authorities’ use of arbitrary arrests and torture as a means of investigating cases and obtaining information, in addition to the fact that all too frequently these acts are based on information given by unreliable sources and mere suspicions. Furthermore, OMCT recalls that torture is a crime under Act No. 22 of Sri Lanka law with a minimum sentence of 7 years and is a grave violation of human rights.
Action requested
Please write to the authorities in Sri Lanka urging them to:
· order the immediate release of Mr. Wijewardane in the absence of valid legal charges or, if such charges exist, bring him before an impartial and competent tribunal and guarantee his procedural rights at all times;
· order a thorough and impartial investigation into the circumstances of these events in order to identify those responsible - notably of the alleged acts of torture - bring them to trial and apply the penal, civil and/or administrative sanctions as provided by law;
· guarantee adequate reparation to Mr. Wijewardane, including appropriate medical assistance, as a matter of urgency;
· guarantee the respect of human rights and the fundamental freedoms throughout the country in accordance with national laws and international human rights standards with national laws and international human rights standards.
Addresses
· Her Excellency President Chandrika Bandaranaike Kumaratunga, President's House, Colombo 3, Sri Lanka. Fax No 00 94 1 333703, E-mails: for_min@sri.lanka.net
· Prime Minister Honourable Ranil Wickremasinghe, 58 Sir Earnest de Silva Mawatha, Colombo 7. Sri Lanka. Fax No 00 94 1575 454, 0094 16820 905, 0094 1542 919
· Honourable Minister for Justice and Constitutional Affairs, 37, Kirula Place, Colombo 5. Sri Lanka. Fax No 00 94 1 437680
· Honourable Minister of Interior John Amaratunga, Colombo, Fax: 0094 1387 526, 0094 1698 282
· Honourable K.C. Kanalasabesan, Attorney General, Colombo 12, Fax: 0094 1436 421
· Hon. Ambassador, Permanent Mission and Consulate General of Sri Lanka, 56, Rue De Moillebeau, 5th Floor, 1 209, Geneva 19, Switzerland, Fax: (41-22) 734 9084, E-mail: mission.srilanka@itu.ch
· Hon. High-Commissioner, The High Commission of the Democratic Socialist Republic of Sri Lanka 13 Hyde Park Gardens London W2 2LU United Kingdom Fax: 0044 207 262-7970
Please also write to the embassies of Sri Lanka in your respective country.
Geneva, August 30th, 2002
Kindly inform us of any action undertaken quoting the code of this appeal in your reply.
Torture / Medical assistance
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, that 27-year old Mr. Brahmanage Aruna Sheron Suranga Wijewardane from 444B Batagama South, Kandana, has been subjected to torture in the Criminal Investigations Department (CID) Headquarters in Colombo, Sri Lanka.
According to the information received, at 9:45 a.m. on August 26th 2002, Mr. Wijewardane was handed over by his uncle Mr. Lenard Nonis for questioning, in order to assist the CID with an investigation. When Mr. Wijewardene was being handed over to the CID, the Superintedent of Police (SP) Nimal Kulathunga assured Mr. Nonis that Mr. Wijewardane would not be physically ill-treated.
According to the report, however, Mr. Wijewardane was hung from the ceiling and severely beaten by police officers. The policemen used a high power hose and aimed it at Mr. Wijewardane’s genitals, inflicting excruciating pain and causing his genitals to swell.
On August 27th 2002, at about 7:00 pm, Mr. Wijewardane was reportedly brought before the Gampaha Magistrate, who ordered that Mr. Wijewardane be brought before the Gampaha Magistrate Courts on 28 August 2002. At the Court on August 28th, Mr. Wijewardane’s lawyer - Mr. Janaka Bandara - informed the magistrate about the torture that was inflicted on his client. The magistrate ordered that Mr. Wijewardane be admitted to a Judicial Medical Officer (JMO) for immediate medical examination and treatment. However, at 2:00 pm on August 29th 2002, Mr. Wijewardane had still not been admitted to a JMO. Mr. Wijewardane’s family fears for his health and are therefore anxious for him to receive a medical examination and treatment as quickly as possible. It is feared that the alleged perpetrators of these acts will however not take Mr. Wijewardane to a JMO until his wounds have healed and the visible marks of torture have disappeared.
The International Secretariat of OMCT is deeply concerned by the Criminal Investigations Department treatment of Mr. Wijewardane, notably the use of torture upon him while he was being detained for questioning and that he is not been given the medical assistance, as ordered by the Gampaha Magistrate. OMCT fears that the perpetrators of these human rights violations will continue to enjoy impunity and that Mr. Wijewardane will not be granted adequate reparation for the injuries inflicted upon him. OMCT condemns the Sri Lankan authorities’ use of arbitrary arrests and torture as a means of investigating cases and obtaining information, in addition to the fact that all too frequently these acts are based on information given by unreliable sources and mere suspicions. Furthermore, OMCT recalls that torture is a crime under Act No. 22 of Sri Lanka law with a minimum sentence of 7 years and is a grave violation of human rights.
Action requested
Please write to the authorities in Sri Lanka urging them to:
· order the immediate release of Mr. Wijewardane in the absence of valid legal charges or, if such charges exist, bring him before an impartial and competent tribunal and guarantee his procedural rights at all times;
· order a thorough and impartial investigation into the circumstances of these events in order to identify those responsible - notably of the alleged acts of torture - bring them to trial and apply the penal, civil and/or administrative sanctions as provided by law;
· guarantee adequate reparation to Mr. Wijewardane, including appropriate medical assistance, as a matter of urgency;
· guarantee the respect of human rights and the fundamental freedoms throughout the country in accordance with national laws and international human rights standards with national laws and international human rights standards.
Addresses
· Her Excellency President Chandrika Bandaranaike Kumaratunga, President's House, Colombo 3, Sri Lanka. Fax No 00 94 1 333703, E-mails: for_min@sri.lanka.net
· Prime Minister Honourable Ranil Wickremasinghe, 58 Sir Earnest de Silva Mawatha, Colombo 7. Sri Lanka. Fax No 00 94 1575 454, 0094 16820 905, 0094 1542 919
· Honourable Minister for Justice and Constitutional Affairs, 37, Kirula Place, Colombo 5. Sri Lanka. Fax No 00 94 1 437680
· Honourable Minister of Interior John Amaratunga, Colombo, Fax: 0094 1387 526, 0094 1698 282
· Honourable K.C. Kanalasabesan, Attorney General, Colombo 12, Fax: 0094 1436 421
· Hon. Ambassador, Permanent Mission and Consulate General of Sri Lanka, 56, Rue De Moillebeau, 5th Floor, 1 209, Geneva 19, Switzerland, Fax: (41-22) 734 9084, E-mail: mission.srilanka@itu.ch
· Hon. High-Commissioner, The High Commission of the Democratic Socialist Republic of Sri Lanka 13 Hyde Park Gardens London W2 2LU United Kingdom Fax: 0044 207 262-7970
Please also write to the embassies of Sri Lanka in your respective country.
Geneva, August 30th, 2002
Kindly inform us of any action undertaken quoting the code of this appeal in your reply.