Sri Lanka
26.07.02
Urgent Interventions

'Sri Lanka: arbitrary arrest and torture of 60-year old Mr. Arthur Vithanage and threats directed towards his 20-year old daughter

Case LKA 260702 / Case LKA 260702.VAW
Arbitrary arrest and detention / Torture / Death

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 arbitrary arrest and torture of 60-year old Mr. Arthur Vithanage and threats directed towards his 20-year old daughter Ms. Anusha Vithana on June 30th 2002, in Sri Lanka.

According to the information received, at about 1p.m. on June 30th 2002, a police jeep no. GB-8466 arrived at Mr. Vathanage’s house demanding to be informed of the whereabouts of his son Jayantha. Mr. Vathanage was then reportedly beaten with a club and dragged behind the house. While Mr. Vathanage was being dragged, he fell over repeatedly and was beaten every time he fell. While Mr. Vathanage was being beaten, his daughter Ms. Vithana rushed to his aid. Sergeant Vithana allegedly beat her with a baton, insulted her using sexually explicit language and ordered her to leave the scene.

According to the report, Mr. Vathanage was severely beaten and threatened by both Sub Inspector Thennekone and Sergeant Ajith Vithana behind the house, and the police officers threatened to break Mr. Vathanage’s leg in order to draw his son, Jayanatha, out of hiding. Mr. Vathanage was then taken inside the police jeep where his head was pushed against an iron bar while he continued to be beaten. Ms. Vithana begged the police to leave her father alone, but the police officers subsequently threatened to rape and kill her.

Mr. Vathanage was reportedly taken to the police station where he was subjected to further torture before being put into a cell. At 12.30 pm on July 1st 2002, Mr. Vathanage was taken out of his cell at which time the police threatened him by saying that his son’s hands and legs would be broken. Mr. Vathanage was made to sign a document and was then put back in his cell.

According to the report, Mr. Vathanage was presented before the Magistrate on the same day at 2p.m., and he was charged with helping a suspect escape and subsequently released on bail.

Mr. Vathanage reportedly went to the hospital later on the same day and was hospitalised until July 3rd 2002. The medical report proves that Mr. Vathanage was subjected to severe torture, including being hit with a blunt weapon. His injuries reportedly included a bruise covering the back of his right leg and the middle finger of his right hand was fractured and dislocated. Ms. Vithana is also undergoing treatment for her injuries. While in hospital, Mr. Vathanage filed a complaint with the hospital police. Shortly afterwards, he also filed complaints with the Superintendent of Police in Kalutara, the Inspector General of Police and the Human Rights Commission of Sri Lanka, but as of yet, no action has reportedly been taken as a result.

The International Secretariat of OMCT condemns the arbitrary arrest and physical assault that Mr. Piyaratne was subjected to. OMCT is gravely concerned by the beatings and threats of torture including rape to which Ms. Anusha Vithana was subjected by the Sri Lankan authorities. OMCT is also gravely concerned about yet another report of the Sri Lankan Police’s use of arbitrary arrests, detentions and torture. OMCT fears that the perpetrators of these human rights violations will continue to enjoy impunity and that Mr. Piyaratne’s family will not be granted adequate reparation. 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. OMCT decries the lack of a functioning system in Sri Lanka for the investigation and prosecution of perpetrators of such human rights violations and the lack of a working mechanism for compensating the victims of these acts.


Action requested

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

· order a thorough and impartial investigation, including a forensic investigation, into the circumstances of these events in order to identify those responsible, bring them to trial and apply the penal, civil and/or administrative sanctions as provided by law;
· guarantee adequate reparation to Mr. Arthur Vithanage and Ms. Anusha Vithana:
· adopt immediate measures to put an end to these acts of violence;
· guarantee the respect of human rights and the fundamental freedoms throughout the country in accordance 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, July 26th, 2002

Kindly inform us of any action undertaken quoting the code of this appeal in your reply.