Sri Lanka
08.04.03
Urgent Interventions
Sri Lanka: arbitrary and incommunicado detention and torture of Mr. K. T. Kumarasinghe
Case LKA 080403
Incommunicado detention / Torture
The International Secretariat of the OMCT requests your URGENT intervention in the following situation in Sri Lanka.
Brief description of the situation
The International Secretariat of OMCT has received information from the Asian Human Rights Commission, a member of the OMCT network, about the arbitrary and incommunicado detention and torture to which Mr. K. T. Kumarasinghe has been subjected in Sri Lanka.
According to the information received, K.T.Kumarasinghe, 33, was arrested on April 1st, 2003, at 10:40 p.m. on charges of theft. Mr. Kumarasinghe, who is a member of the Sri Lankan army, was then brought to the Galagedara police station, where he was reportedly assaulted with belts and iron bars, and beaten severely on his feet, buttocks, and other parts of his body. Mr. Kumarasinghe was also hung from a beam and beaten, which, according to our sources, is a common method of torture used in Sri Lanka.
According to the information received, on April 4th, 2003, a lawyer visited the Galagedara police station to inquire about the victim. The officer in charge of the police station reportedly told the lawyer that Mr. Kumarasinghe had been transferred from the police station. According to our sources, the officer admitted to having used torture on Mr. Kumarasinghe, and he claimed that torture was the only way to investigate the theft charges.
The International Secretariat of the OMCT is gravely concerned for the physical and psychological integrity of Mr. Kumarasinghe, given that he has been subjected to torture and therefore likely requires medical attention as a matter of urgency. Of particular concern is the fact that he has been transferred from Galagedara police station to an unknown location, which gives rise to fears that he may again be subjected to ill-treatment and/or torture. OMCT is also gravely preoccupied by the officer in charge of Galagedara police station’s admission that the use of torture is the best means to investigate crimes. OMCT recalls that torture is absolutely prohibited in international law, but is also prohibited in Sri Lankan law, but despite this, remains commonplace and is nearly always accompanied by impunity for the perpetrators.
Action requested
Please write to the authorities in Sri Lanka asking them to:
i. take all necessary measures to locate the whereabouts of Mr. K. T. Kumarasinghe and to guarantee his physical and psychological integrity;
ii. order his immediate release 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;
iii. guarantee an immediate investigation into the circumstances of these events, identify those responsible, bring them before a civil competent and impartial tribunal and apply the penal and/or administrative sanctions provided by law;
iv. provide adequate reparation to Mr. K. T. Kumarasinghe;
v. guarantee the respect of human rights and the fundamental freedoms throughout the country in accordance with international human rights standards.
Addresses
· Her Excellency President Chandrika Bandaranaike Kumaratunga, President's House, Colombo 3, Sri Lanka. Fax: + 94 1 333703, E-mail: for_min@sri.lanka.net
· Hon. Prime Minister Ranil Wickremasinghe, Cambridge Place, Colombo 7, Sri Lanka. Fax: + 94 1575 454/1 682905. E-mail: secpm@sltnet.lk, bradmanw@slt.lk
· Hon. Mr. K. C. Kamalasabesan, Attorney General, Attorney General's Department, Colombo 12, Sri Lanka. Fax: + 94 1 436-421, E-mail: attorney@sri.lanka.net or counsel@sri.lanka.net
· Honourable Minister for Justice and Constitutional Affairs, 37, Kirula Place, Colombo 5. Sri Lanka. Fax: + 94 1 437680
· Honourable Minister of Interior John Amaratunga, Colombo, Fax: + 94 1387 526, + 94 1698 282
· Inspector General of Police, Mr. T. E. Anandarajah, New Secretariat, Colombo 1, Sri Lanka, Fax: 0094 1 446174
· Mr. Ranjith Abeysuriya PC, Chairman, National Police Commission, 10 A, Flower Road, Colombo 7, Sri Lanka
Please also write to the embassies of Sri Lanka in your respective country.
Geneva, April 8th, 2003
Kindly inform us of any action undertaken quoting the code of this appeal in your reply.
Incommunicado detention / Torture
The International Secretariat of the OMCT requests your URGENT intervention in the following situation in Sri Lanka.
Brief description of the situation
The International Secretariat of OMCT has received information from the Asian Human Rights Commission, a member of the OMCT network, about the arbitrary and incommunicado detention and torture to which Mr. K. T. Kumarasinghe has been subjected in Sri Lanka.
According to the information received, K.T.Kumarasinghe, 33, was arrested on April 1st, 2003, at 10:40 p.m. on charges of theft. Mr. Kumarasinghe, who is a member of the Sri Lankan army, was then brought to the Galagedara police station, where he was reportedly assaulted with belts and iron bars, and beaten severely on his feet, buttocks, and other parts of his body. Mr. Kumarasinghe was also hung from a beam and beaten, which, according to our sources, is a common method of torture used in Sri Lanka.
According to the information received, on April 4th, 2003, a lawyer visited the Galagedara police station to inquire about the victim. The officer in charge of the police station reportedly told the lawyer that Mr. Kumarasinghe had been transferred from the police station. According to our sources, the officer admitted to having used torture on Mr. Kumarasinghe, and he claimed that torture was the only way to investigate the theft charges.
The International Secretariat of the OMCT is gravely concerned for the physical and psychological integrity of Mr. Kumarasinghe, given that he has been subjected to torture and therefore likely requires medical attention as a matter of urgency. Of particular concern is the fact that he has been transferred from Galagedara police station to an unknown location, which gives rise to fears that he may again be subjected to ill-treatment and/or torture. OMCT is also gravely preoccupied by the officer in charge of Galagedara police station’s admission that the use of torture is the best means to investigate crimes. OMCT recalls that torture is absolutely prohibited in international law, but is also prohibited in Sri Lankan law, but despite this, remains commonplace and is nearly always accompanied by impunity for the perpetrators.
Action requested
Please write to the authorities in Sri Lanka asking them to:
i. take all necessary measures to locate the whereabouts of Mr. K. T. Kumarasinghe and to guarantee his physical and psychological integrity;
ii. order his immediate release 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;
iii. guarantee an immediate investigation into the circumstances of these events, identify those responsible, bring them before a civil competent and impartial tribunal and apply the penal and/or administrative sanctions provided by law;
iv. provide adequate reparation to Mr. K. T. Kumarasinghe;
v. guarantee the respect of human rights and the fundamental freedoms throughout the country in accordance with international human rights standards.
Addresses
· Her Excellency President Chandrika Bandaranaike Kumaratunga, President's House, Colombo 3, Sri Lanka. Fax: + 94 1 333703, E-mail: for_min@sri.lanka.net
· Hon. Prime Minister Ranil Wickremasinghe, Cambridge Place, Colombo 7, Sri Lanka. Fax: + 94 1575 454/1 682905. E-mail: secpm@sltnet.lk, bradmanw@slt.lk
· Hon. Mr. K. C. Kamalasabesan, Attorney General, Attorney General's Department, Colombo 12, Sri Lanka. Fax: + 94 1 436-421, E-mail: attorney@sri.lanka.net or counsel@sri.lanka.net
· Honourable Minister for Justice and Constitutional Affairs, 37, Kirula Place, Colombo 5. Sri Lanka. Fax: + 94 1 437680
· Honourable Minister of Interior John Amaratunga, Colombo, Fax: + 94 1387 526, + 94 1698 282
· Inspector General of Police, Mr. T. E. Anandarajah, New Secretariat, Colombo 1, Sri Lanka, Fax: 0094 1 446174
· Mr. Ranjith Abeysuriya PC, Chairman, National Police Commission, 10 A, Flower Road, Colombo 7, Sri Lanka
Please also write to the embassies of Sri Lanka in your respective country.
Geneva, April 8th, 2003
Kindly inform us of any action undertaken quoting the code of this appeal in your reply.