Sri Lanka
02.09.03
Urgent Interventions
Sri Lanka: a forced disappearance and two deaths in detention
Case LKA 020903
Forced disappearance / Risk of torture / Torture / Death in detention
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 forced disappearance of Saliya Padma Udaya Kumara and the deaths in detention of Garlin Kankanamge Sanjeewa and R. M. Loku Banda.
According to the information received, 26-year-old Saliya Padma Udaya Kumara was arrested by police officers from the Watthegama Police Station in the Kandy district, on August 26th, 2003, at approximately 4 pm. When his parents went to the police station the next afternoon to see him, they discovered that Kumara had already been seriously tortured during his detention. When his mother tried to visit him the next day, August 28th, she was told that he was no longer at the police station. The police officers refused to tell her where her son was. Kumara's mother prepared a detailed written statement that she submitted to the National Human Rights Commission, the National Police Commission, and other authorities. However, she has not received any response from the governmental authorities, giving rise to grave concerns for his physical and psychological integrity.
In other reports, Garlin Kankanamge Sanjeewa, a 25-year-old soldier, was arrested under suspicion of robbery while on his way home for holiday on August 27th in a suburb of Colombo. He was taken to the Kadawatta police station. The following day, August 28th, the police reportedly found Sanjeewa dead in his cell. The authorities claimed that Sanjeewa hanged himself with the belt of his trousers because he was so ashamed to be in detention. However, the victim's mother reports that her son's feet were on the floor of the cell when she saw his body, and that he had a wound on one arm and blood flowing from the lower part of his body. There are serious concerns that the victim was tortured to death and that the police fabricated the case to cover up his murder. OMCT insists that a prompt and impartial inquiry be held into this death in detention, as there are doubts as to the impartiality of the post-mortem conducted at the police station in question. Sanjeewa’s family has now buried the victim's body in a private garden because they fear that the police might attempt to steal it.
Additionally, on August 28th, the Maturata police intervened in a dispute between three villagers about the construction of a road. 60-year-old R.M. Loku Banda was placed under arrest and taken to the Maturata police station, where he was found dead in his cell later that same day. The reason for his death has not yet been revealed. The son of the victim, R. M. Jayasinghe, made a complaint to the authorities, but the investigation against the police officers responsible for his personal integrity has yet to begin.
The International Secretariat of OMCT is gravely concerned for the physical and psychological integrity of Saliya Padma Udaya Kumara, given that his whereabouts are not currently known and that there are serious concerns that he may be being subjected to torture and risks being killed by the Watthegama police. OMCT calls on the authorities to immediately locate his whereabouts and guarantee his personal integrity at all times, and release him in the absence of legal charges that are consistent with international law and standards. It is worth noting that OMCT has recently launched several urgent appeals concerning torture or risks of torture in Sri Lanka, where the practice is widespread and where impunity continues to accompany these acts. OMCT is also gravely concerned by the deaths in detention of both Garlin Kankanamge Sanjeewa and R.M. Loku Banda, particularly as they appear to have been the result of torture on the part of police officers at the respective Sri Lankan police stations. OMCT calls on the Sri Lankan government to order an immediate and thorough investigation into these events in order to identify the perpetrators, bring them to trial, apply the appropriate penal and administrative sanctions provided for by law, and award appropriate reparation to the victims’ families.
Action requested
Please write to the authorities in Sri Lanka urging them to:
i. immediately locate the whereabouts of Saliya Padma Udaya Kumara;
ii. take all necessary measures to guarantee his physical and psychological integrity;
iii. order his immediate release in the absence of legal charges that are consistent with international law and standards, or, if such charges exist, bring him before an impartial and competent tribunal and guarantee his procedural rights at all times;
iv. order a thorough and impartial investigation into the circumstances of the alleged torture and disappearance of Saliya Padma Udaya Kumara and the deaths of Garlin Kankanamge Sanjeewa and R.M. Loku Banda, in order to identify those responsible, bring them to trial and apply the penal and/or administrative sanctions as provided by law;
v. guarantee that adequate reparation is provided to Saliya Padma Udaya Kumara and the families of Mr. Sanjeewa and Mr. Banda;
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
· 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
· 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
Please also write to the embassies of Sri Lanka in your respective country.
Geneva, September 2nd, 2003
Kindly inform us of any action undertaken quoting the code of this appeal in your reply.
Forced disappearance / Risk of torture / Torture / Death in detention
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 forced disappearance of Saliya Padma Udaya Kumara and the deaths in detention of Garlin Kankanamge Sanjeewa and R. M. Loku Banda.
According to the information received, 26-year-old Saliya Padma Udaya Kumara was arrested by police officers from the Watthegama Police Station in the Kandy district, on August 26th, 2003, at approximately 4 pm. When his parents went to the police station the next afternoon to see him, they discovered that Kumara had already been seriously tortured during his detention. When his mother tried to visit him the next day, August 28th, she was told that he was no longer at the police station. The police officers refused to tell her where her son was. Kumara's mother prepared a detailed written statement that she submitted to the National Human Rights Commission, the National Police Commission, and other authorities. However, she has not received any response from the governmental authorities, giving rise to grave concerns for his physical and psychological integrity.
In other reports, Garlin Kankanamge Sanjeewa, a 25-year-old soldier, was arrested under suspicion of robbery while on his way home for holiday on August 27th in a suburb of Colombo. He was taken to the Kadawatta police station. The following day, August 28th, the police reportedly found Sanjeewa dead in his cell. The authorities claimed that Sanjeewa hanged himself with the belt of his trousers because he was so ashamed to be in detention. However, the victim's mother reports that her son's feet were on the floor of the cell when she saw his body, and that he had a wound on one arm and blood flowing from the lower part of his body. There are serious concerns that the victim was tortured to death and that the police fabricated the case to cover up his murder. OMCT insists that a prompt and impartial inquiry be held into this death in detention, as there are doubts as to the impartiality of the post-mortem conducted at the police station in question. Sanjeewa’s family has now buried the victim's body in a private garden because they fear that the police might attempt to steal it.
Additionally, on August 28th, the Maturata police intervened in a dispute between three villagers about the construction of a road. 60-year-old R.M. Loku Banda was placed under arrest and taken to the Maturata police station, where he was found dead in his cell later that same day. The reason for his death has not yet been revealed. The son of the victim, R. M. Jayasinghe, made a complaint to the authorities, but the investigation against the police officers responsible for his personal integrity has yet to begin.
The International Secretariat of OMCT is gravely concerned for the physical and psychological integrity of Saliya Padma Udaya Kumara, given that his whereabouts are not currently known and that there are serious concerns that he may be being subjected to torture and risks being killed by the Watthegama police. OMCT calls on the authorities to immediately locate his whereabouts and guarantee his personal integrity at all times, and release him in the absence of legal charges that are consistent with international law and standards. It is worth noting that OMCT has recently launched several urgent appeals concerning torture or risks of torture in Sri Lanka, where the practice is widespread and where impunity continues to accompany these acts. OMCT is also gravely concerned by the deaths in detention of both Garlin Kankanamge Sanjeewa and R.M. Loku Banda, particularly as they appear to have been the result of torture on the part of police officers at the respective Sri Lankan police stations. OMCT calls on the Sri Lankan government to order an immediate and thorough investigation into these events in order to identify the perpetrators, bring them to trial, apply the appropriate penal and administrative sanctions provided for by law, and award appropriate reparation to the victims’ families.
Action requested
Please write to the authorities in Sri Lanka urging them to:
i. immediately locate the whereabouts of Saliya Padma Udaya Kumara;
ii. take all necessary measures to guarantee his physical and psychological integrity;
iii. order his immediate release in the absence of legal charges that are consistent with international law and standards, or, if such charges exist, bring him before an impartial and competent tribunal and guarantee his procedural rights at all times;
iv. order a thorough and impartial investigation into the circumstances of the alleged torture and disappearance of Saliya Padma Udaya Kumara and the deaths of Garlin Kankanamge Sanjeewa and R.M. Loku Banda, in order to identify those responsible, bring them to trial and apply the penal and/or administrative sanctions as provided by law;
v. guarantee that adequate reparation is provided to Saliya Padma Udaya Kumara and the families of Mr. Sanjeewa and Mr. Banda;
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
· 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
· 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
Please also write to the embassies of Sri Lanka in your respective country.
Geneva, September 2nd, 2003
Kindly inform us of any action undertaken quoting the code of this appeal in your reply.