Sri Lanka
25.02.05
Urgent Interventions
Sri Lanka: Acquittal of torture victim Lalith Rajapakse
Case LKA 130502.5
Follow-up of Case LKA 130502
Harassment / Death threats / Torture / Impunity
Geneva, 25 February 2005
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 (AHRC), a member of the OMCT network, that torture victim Lalith Rajapakse was acquitted by the Magistrate of Wattala regarding charges of obstruction of police duty, on February 21st 2005. Previously, he had been acquitted of other two charges of robbery on 29th September 2003 for lack of evidence. All three charges had been filed by the Kandana police.
Brief reminder of the situation
According to the information received, 19-year-old Lalith Rajapakse was arrested by two police officers, Sub-Inspector Peiris and Police Constable Wijeratne from the Kandana Police Station, in April 2002. He was severely assaulted and slipped into a coma while at the Kandana Police Station. After his family intervened he was taken to Ragama Hospital from where he was transferred to the Central Hospital in Colombo. He was in a coma for over two weeks. Meanwhile, the Kandana police, on the instructions of the Officer-in-Charge of the Station at the time, Nalin Atthanayaka, filed three cases against him. Two cases were of robbery and the other was of obstruction of duty of two police officers while they made an attempt to arrest him. The police produced a large knife in court, and stated that Lalith had this knife in his hand while trying to assault the officers.
The police tried to drag out these cases. However, due to the constant intervention by lawyers who appeared for Lalith and supported by the AHRC, the two cases of robbery were taken up and in both cases the complainants of the crime categorically stated they had made no complaint against Lalith at any time and did not suspect him of this or any other crime. The magistrate thereby acquitted Lalith of both charges of robbery on 29th September 2003 as there was no evidence to support the charges.
However, in the case of the alleged attempt to obstruct the police officers, the case dragged on until 21st February 2005, as the police made various requests for postponements. In September 2004, after several earlier warnings to the prosecution, the magistrate told them to be ready for the case in February 2005. Yet even on February 21 the prosecution was not ready and the lawyer appearing for Lalith moved for his discharge. In his submission he stated that the prosecution was merely trying to drag this case out in order to harass the accused (Lalith) and that there was no possibility of a conviction in this case as the provisions of the criminal procedure code had not been observed: no statement regarding the charge was recorded from the accused and the case had not been filed in good faith in that it was fabricated to justify the behaviour of the police. Finally, the Magistrate of Wattala, after recording its reasons, discharged Lalith on February 21.
Action requested:
Please write to the authorities in Sri Lanka urging them to:
i. ensure the physical and psychological integrity of Lalith Rajapakse;
ii. order an exhaustive and impartial investigation into these events and notably the fabrication of charges, and bring those responsible to trial and apply the penal and/or administrative sanctions as provided by law;
iii. guarantee that adequate reparation is provided to the Lalith Rajapakse;
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, 25 February 2005
Follow-up of Case LKA 130502
Harassment / Death threats / Torture / Impunity
Geneva, 25 February 2005
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 (AHRC), a member of the OMCT network, that torture victim Lalith Rajapakse was acquitted by the Magistrate of Wattala regarding charges of obstruction of police duty, on February 21st 2005. Previously, he had been acquitted of other two charges of robbery on 29th September 2003 for lack of evidence. All three charges had been filed by the Kandana police.
Brief reminder of the situation
According to the information received, 19-year-old Lalith Rajapakse was arrested by two police officers, Sub-Inspector Peiris and Police Constable Wijeratne from the Kandana Police Station, in April 2002. He was severely assaulted and slipped into a coma while at the Kandana Police Station. After his family intervened he was taken to Ragama Hospital from where he was transferred to the Central Hospital in Colombo. He was in a coma for over two weeks. Meanwhile, the Kandana police, on the instructions of the Officer-in-Charge of the Station at the time, Nalin Atthanayaka, filed three cases against him. Two cases were of robbery and the other was of obstruction of duty of two police officers while they made an attempt to arrest him. The police produced a large knife in court, and stated that Lalith had this knife in his hand while trying to assault the officers.
The police tried to drag out these cases. However, due to the constant intervention by lawyers who appeared for Lalith and supported by the AHRC, the two cases of robbery were taken up and in both cases the complainants of the crime categorically stated they had made no complaint against Lalith at any time and did not suspect him of this or any other crime. The magistrate thereby acquitted Lalith of both charges of robbery on 29th September 2003 as there was no evidence to support the charges.
However, in the case of the alleged attempt to obstruct the police officers, the case dragged on until 21st February 2005, as the police made various requests for postponements. In September 2004, after several earlier warnings to the prosecution, the magistrate told them to be ready for the case in February 2005. Yet even on February 21 the prosecution was not ready and the lawyer appearing for Lalith moved for his discharge. In his submission he stated that the prosecution was merely trying to drag this case out in order to harass the accused (Lalith) and that there was no possibility of a conviction in this case as the provisions of the criminal procedure code had not been observed: no statement regarding the charge was recorded from the accused and the case had not been filed in good faith in that it was fabricated to justify the behaviour of the police. Finally, the Magistrate of Wattala, after recording its reasons, discharged Lalith on February 21.
Action requested:
Please write to the authorities in Sri Lanka urging them to:
i. ensure the physical and psychological integrity of Lalith Rajapakse;
ii. order an exhaustive and impartial investigation into these events and notably the fabrication of charges, and bring those responsible to trial and apply the penal and/or administrative sanctions as provided by law;
iii. guarantee that adequate reparation is provided to the Lalith Rajapakse;
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:
- Prime Minister, Mr. Mahinda Rajapakse, Temple Trees, Galle Road, Colombo 3, Sri Lanka, Fax: +94 11 2 543938, E-mail: pm_sec@slt.lk
- Attorney General, Hon. K.C. Kamalasabesan, Attorney General's Department, Colombo 12, Sri Lanka, Fax: +94 11 2 436 421
- Inspector General of Police (IGP), Mr. Chandra Fernando, New Secretariat, Colombo 1, Sri Lanka, Fax: +94 11 2 440 440
- Minister of Interior, Honourable John Amaratunga, Colombo, Sri Lanka, Fax: +94 12 387 526/698 282
- Mr. Ranjith Abeysuriya PC, Chairman National Police Commission, 69-1 Ward Place, Colombo 7, Sri Lanka, Fax: +94 11 2 691 926
- Chairperson, Human Rights Commission of Sri Lanka, Dr. Radhika Commaraswamy No. 36, Kynsey Road, Colombo 8, Sri Lanka, Fax: +94 11 2 694 924
Please also write to the embassies of Sri Lanka in your respective country.
Geneva, 25 February 2005