Sri Lanka
19.02.04
Urgent Interventions
Sri Lanka: arbitrary arrest and torture of Mr. Koraleliyanage Palitha Tissa Kumara
Case LKA 190204
Arbitrary arrest / Torture / Risk to personal integrity / Impunity
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 (AHRC), a member of the OMCT network, of the arbitrary arrest and torture of Mr. Koraleliyanage Palitha Tissa Kumara by Sub-inspector (S.I.) Silva of the Wellipenna Police Station at Kathutrara district. The is reportedly currently being held at the Kaluthara Remand Prison.
According to the information received, Mr. Tissa Kumara, a well-known artist, was arrested on the morning of 3 February 2004 for giving food to a person who is currently accused of serious crimes. S.I. Silva allegedly severely tortured Mr. Tissa Kumara with a cricket post (wicket) on the neck, back, ears, head, hands, buttocks, ankles and knees, causing over forty injuries, most of which are serious and clearly visible. His right hand was handcuffed to the iron rails of the police cell and S.I. Silva pulled him up and down with it many times, injuring the victim's wrist severely. S.I. Silva also hit the victim's chin several times with a pistol. S.I. Silva also forced a tuberculosis patient, who was under police custody at the time, to spit into Mr. Tissa Kumara’s mouth, saying to him that he would die within two months of the disease. While he was under police custody for three days, Mr. Tissa Kumara vomited often, and he cannot stand and has serious injuries on the left side of the head, affecting his ability to sleep.
Mr. Tissa Kumara was produced before a Magistrate only after a lawyer, Mr. Tissa Almeida, came to the police station on his behalf. Before being taken to the Magistrate, Mr. Tissa Kumara was forced to place his thumbprint on a grenade given to him by S. I. Silva. According to the victim, the grenade looked new and the police unpacked it and forced him to place his fingerprint on it.
After being produced before the Magistrate on a special request made by his defence lawyer, Mr. Tissa Kumara was produced before the Colombo Judicial Medical Officer (J.M.O.) on 12 February 2004. According to Mr. Tissa Kumara, six doctors examined him and took X-rays and photographs of his injuries. He was then taken back to the Remand Prison, where he is reportedly not being provided with adequate medical assistance.
The International Secretariat of OMCT is gravely concerned by the arbitrary arrest, detention and torture to which Mr. Tissa Kumara has been subjected, and remains concerned for his personal integrity due to the lack of medical assistance that he is receiving for the injuries that he has sustained. OMCT calls on the Government of Sri Lanka to guarantee his personal integrity at all times, and to order a thorough and impartial investigation into the circumstances of these events, notably the use of torture, in order to identify those responsible and bring them to justice. OMCT also urges the authorities to ensure that Mr. Tissa Kumara receives adequate reparation and medical treatment for his injuries.
Action requested
Please write to the authorities in Sri Lanka urging them to:
1. take all measures necessary to guarantee Mr. Tissa Kumara physical and psychological integrity;
2. ensure that he is provided with adequate medical assistance;
3. 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;
4. order a thorough and impartial investigation into the circumstances of these events, notably the allegations of the use of torture, in order to identify those responsible, bring them to trial and apply the penal and/or administrative sanctions as provided by law;
5. guarantee that he is provided with adequate reparation;
6. guarantee the respect of human rights and the fundamental freedoms throughout the country in accordance with national laws and international human rights standards.
Addresses
· Hon. Mr. Ranil Wickremasinghe, Prime Minister, Cambridge Place, Colombo 7, SRI LANKA, Fax: +94 11 2 682905 / 575454, E-mail: secpm@sltnet.lk or bradmanw@slt.lk
· Hon. Mr. K. C. Kamalasabesan, Attorney General, Attorney General's Department, Colombo 12, SRI LANKA, Fax: +94 11 2 436 421, Email: attorney@sri.lanka.net or counsel@sri.lanka.net
· Mr. Ranjith Abeysuriya PC, Chairman National Police Commission, 69-1 Ward Place, Colombo 7, Sri Lanka, Fax: +94 11 2 669 128 (need to ask to change to fax mode) / 691 926
· Dr. Radhika Coomaraswamy, Director, National Human Rights Commission of Sri Lanka,
No. 36, Kynsey Road, Colombo 8, SRI LANKA, Fax: +94 11 2 694 924 / 696 470, E-mail: sechrc@sltnet.lk
· Ambassador Prasad Kariyawasam, 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, February 19th, 2004
Kindly inform us of any action undertaken quoting the code of this appeal in your reply.
Arbitrary arrest / Torture / Risk to personal integrity / Impunity
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 (AHRC), a member of the OMCT network, of the arbitrary arrest and torture of Mr. Koraleliyanage Palitha Tissa Kumara by Sub-inspector (S.I.) Silva of the Wellipenna Police Station at Kathutrara district. The is reportedly currently being held at the Kaluthara Remand Prison.
According to the information received, Mr. Tissa Kumara, a well-known artist, was arrested on the morning of 3 February 2004 for giving food to a person who is currently accused of serious crimes. S.I. Silva allegedly severely tortured Mr. Tissa Kumara with a cricket post (wicket) on the neck, back, ears, head, hands, buttocks, ankles and knees, causing over forty injuries, most of which are serious and clearly visible. His right hand was handcuffed to the iron rails of the police cell and S.I. Silva pulled him up and down with it many times, injuring the victim's wrist severely. S.I. Silva also hit the victim's chin several times with a pistol. S.I. Silva also forced a tuberculosis patient, who was under police custody at the time, to spit into Mr. Tissa Kumara’s mouth, saying to him that he would die within two months of the disease. While he was under police custody for three days, Mr. Tissa Kumara vomited often, and he cannot stand and has serious injuries on the left side of the head, affecting his ability to sleep.
Mr. Tissa Kumara was produced before a Magistrate only after a lawyer, Mr. Tissa Almeida, came to the police station on his behalf. Before being taken to the Magistrate, Mr. Tissa Kumara was forced to place his thumbprint on a grenade given to him by S. I. Silva. According to the victim, the grenade looked new and the police unpacked it and forced him to place his fingerprint on it.
After being produced before the Magistrate on a special request made by his defence lawyer, Mr. Tissa Kumara was produced before the Colombo Judicial Medical Officer (J.M.O.) on 12 February 2004. According to Mr. Tissa Kumara, six doctors examined him and took X-rays and photographs of his injuries. He was then taken back to the Remand Prison, where he is reportedly not being provided with adequate medical assistance.
The International Secretariat of OMCT is gravely concerned by the arbitrary arrest, detention and torture to which Mr. Tissa Kumara has been subjected, and remains concerned for his personal integrity due to the lack of medical assistance that he is receiving for the injuries that he has sustained. OMCT calls on the Government of Sri Lanka to guarantee his personal integrity at all times, and to order a thorough and impartial investigation into the circumstances of these events, notably the use of torture, in order to identify those responsible and bring them to justice. OMCT also urges the authorities to ensure that Mr. Tissa Kumara receives adequate reparation and medical treatment for his injuries.
Action requested
Please write to the authorities in Sri Lanka urging them to:
1. take all measures necessary to guarantee Mr. Tissa Kumara physical and psychological integrity;
2. ensure that he is provided with adequate medical assistance;
3. 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;
4. order a thorough and impartial investigation into the circumstances of these events, notably the allegations of the use of torture, in order to identify those responsible, bring them to trial and apply the penal and/or administrative sanctions as provided by law;
5. guarantee that he is provided with adequate reparation;
6. guarantee the respect of human rights and the fundamental freedoms throughout the country in accordance with national laws and international human rights standards.
Addresses
· Hon. Mr. Ranil Wickremasinghe, Prime Minister, Cambridge Place, Colombo 7, SRI LANKA, Fax: +94 11 2 682905 / 575454, E-mail: secpm@sltnet.lk or bradmanw@slt.lk
· Hon. Mr. K. C. Kamalasabesan, Attorney General, Attorney General's Department, Colombo 12, SRI LANKA, Fax: +94 11 2 436 421, Email: attorney@sri.lanka.net or counsel@sri.lanka.net
· Mr. Ranjith Abeysuriya PC, Chairman National Police Commission, 69-1 Ward Place, Colombo 7, Sri Lanka, Fax: +94 11 2 669 128 (need to ask to change to fax mode) / 691 926
· Dr. Radhika Coomaraswamy, Director, National Human Rights Commission of Sri Lanka,
No. 36, Kynsey Road, Colombo 8, SRI LANKA, Fax: +94 11 2 694 924 / 696 470, E-mail: sechrc@sltnet.lk
· Ambassador Prasad Kariyawasam, 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, February 19th, 2004
Kindly inform us of any action undertaken quoting the code of this appeal in your reply.