Sri Lanka
29.10.01
Urgent Interventions
Sri Lanka: arbitrary arrest, detention and torture of Mr. Fernando
Case LKA 291001
Torture / 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 a reliable source of the arbitrary arrest, detention and torture of Mr. Namal Fernando in Pitipana Duwa, Negombo, Sri Lanka.
According to the information received, 37 year-old Mr. Namal Fernando was arbitrarily arrested by Mr. Mathew of the Mundalama police in a case of mistaken identity. Mr. Fernando is a full-time social worker and the father of three.
According to the information received, three police officers along with several other persons wearing uniforms came to the house of Mr. Fernando in a white van at around 8pm on October 6th, 2001. Inside the van was Sunanda Appuhamy, who identified Mr. Fernando as being the man the police were looking for. The policemen then arrested Mr. Fernando, without giving him or his family any reasons to justify his arrest. Mr. Fernando's wife Fatima Rajan Fernando and brother Gerard also got into the van. They were then all driven to the house of Mr. Fernando’s friend Herman Sarath Fernando, in Wennupuwa. While waiting for Sarath Fernando to return home, Attorney-at-Law Chaminda Silva, arrived and took down the all police officers’ numbers. Shortly after, Mr. Fernando was placed into another police van and taken to Puttlam.
According to the information received, the van stopped around 12:45 at Madampe, and the officers began drinking liquor inside the van. At his point a man in civilian clothes proceeded to hit Mr. Fernando on the face three times with his fist. Subsequently, the van continued to the Mundalama police station, 70 km away from Negombo, where one police officer beat and kicked Mr. Fernando before locking him in a police cell.
A Catholic priest, Gerard Jayawardene, accompanied by some other persons then arrived at the police station to inquire about the reason for Mr. Fernando's arrest. They were told by the officer who assaulted Mr. Fernando that he had threatened the officer by putting a pistol to his head. Shortly thereafter, Mr. Fernando was placed in a jeep along with the Officer in Charge and four other policemen and driven to Wennupuwa. Stopping near Sarath Fernando's house, Mr. Fernando was taken out of the jeep and assaulted, before being pressed to the ground by two police officers, who then put their feet on both sides of Mr. Fernando's shoulders while another officer pointed a gun at him. The policeman with the gun then threatened to kill Mr. Fernando, and claimed that they would say that they had to shoot him as he had tried to escape.
According to the information received, Mr. Fernando was then driven to the Green Villa Guest House at Haldaduwana, where he was hit in the chest and knees with the butt of a T-56 firearm. On October 7th, Mr. Fernando was joined by Sarath Fernando at the Mundalama police station. There, the Officer in Charge forced them both to sign a statement without having informed them about its content. At 2:30pm Mr. Fernando was taken to Mundalama Hospital. At 3:30pm a police officer took statements from both men and informed them that they had been taken into custody regarding a robbery that had taken place at Marrinawatte. This was the first time that Mr. Fernando had been informed of the charges against him.
According to the report, at 8:30pm, Mr. Fernando was produced before the Magistrate and remanded. He was released the next day without having been charged, as it appears that he was arrested due to an error of mistaken identity. Mr. Fernando then entered Ragama Hospital for treatment.
OMCT is gravely concerned about the Sri Lankan police’s use of torture on Mr. Fernando, as well as their use arbitrary arrests and detention. Furthermore, while OMCT welcomes Mr. Fernando’s release, it calls upon the Sri Lankan authorities to ensure that he is afforded reparation and that an investigation is launched to bring those responsible of torturing him to justice.
Action requested
Please write to the authorities in Sri Lanka urging them to:
i. order a thorough and impartial 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;
ii. guarantee adequate reparation to all Mr. Fernando;
iii. 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 B. Kumaratunga, Presidential Residence, Colombo 3, Sri Lanka Fax: 94 - 1 - 333 - 703
· Inspector General of Police, Police Headquarters, New Secretariat, Colombo 1, Sri Lanka
· 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: (0171) 262-7970, E-mail: lancom@easynet.co.uk
Please also write to the embassies of Sri Lanka in your respective country.
Geneva, October 29th, 2001
Kindly inform us of any action undertaken quoting the code of this appeal in your reply.
Torture / 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 a reliable source of the arbitrary arrest, detention and torture of Mr. Namal Fernando in Pitipana Duwa, Negombo, Sri Lanka.
According to the information received, 37 year-old Mr. Namal Fernando was arbitrarily arrested by Mr. Mathew of the Mundalama police in a case of mistaken identity. Mr. Fernando is a full-time social worker and the father of three.
According to the information received, three police officers along with several other persons wearing uniforms came to the house of Mr. Fernando in a white van at around 8pm on October 6th, 2001. Inside the van was Sunanda Appuhamy, who identified Mr. Fernando as being the man the police were looking for. The policemen then arrested Mr. Fernando, without giving him or his family any reasons to justify his arrest. Mr. Fernando's wife Fatima Rajan Fernando and brother Gerard also got into the van. They were then all driven to the house of Mr. Fernando’s friend Herman Sarath Fernando, in Wennupuwa. While waiting for Sarath Fernando to return home, Attorney-at-Law Chaminda Silva, arrived and took down the all police officers’ numbers. Shortly after, Mr. Fernando was placed into another police van and taken to Puttlam.
According to the information received, the van stopped around 12:45 at Madampe, and the officers began drinking liquor inside the van. At his point a man in civilian clothes proceeded to hit Mr. Fernando on the face three times with his fist. Subsequently, the van continued to the Mundalama police station, 70 km away from Negombo, where one police officer beat and kicked Mr. Fernando before locking him in a police cell.
A Catholic priest, Gerard Jayawardene, accompanied by some other persons then arrived at the police station to inquire about the reason for Mr. Fernando's arrest. They were told by the officer who assaulted Mr. Fernando that he had threatened the officer by putting a pistol to his head. Shortly thereafter, Mr. Fernando was placed in a jeep along with the Officer in Charge and four other policemen and driven to Wennupuwa. Stopping near Sarath Fernando's house, Mr. Fernando was taken out of the jeep and assaulted, before being pressed to the ground by two police officers, who then put their feet on both sides of Mr. Fernando's shoulders while another officer pointed a gun at him. The policeman with the gun then threatened to kill Mr. Fernando, and claimed that they would say that they had to shoot him as he had tried to escape.
According to the information received, Mr. Fernando was then driven to the Green Villa Guest House at Haldaduwana, where he was hit in the chest and knees with the butt of a T-56 firearm. On October 7th, Mr. Fernando was joined by Sarath Fernando at the Mundalama police station. There, the Officer in Charge forced them both to sign a statement without having informed them about its content. At 2:30pm Mr. Fernando was taken to Mundalama Hospital. At 3:30pm a police officer took statements from both men and informed them that they had been taken into custody regarding a robbery that had taken place at Marrinawatte. This was the first time that Mr. Fernando had been informed of the charges against him.
According to the report, at 8:30pm, Mr. Fernando was produced before the Magistrate and remanded. He was released the next day without having been charged, as it appears that he was arrested due to an error of mistaken identity. Mr. Fernando then entered Ragama Hospital for treatment.
OMCT is gravely concerned about the Sri Lankan police’s use of torture on Mr. Fernando, as well as their use arbitrary arrests and detention. Furthermore, while OMCT welcomes Mr. Fernando’s release, it calls upon the Sri Lankan authorities to ensure that he is afforded reparation and that an investigation is launched to bring those responsible of torturing him to justice.
Action requested
Please write to the authorities in Sri Lanka urging them to:
i. order a thorough and impartial 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;
ii. guarantee adequate reparation to all Mr. Fernando;
iii. 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 B. Kumaratunga, Presidential Residence, Colombo 3, Sri Lanka Fax: 94 - 1 - 333 - 703
· Inspector General of Police, Police Headquarters, New Secretariat, Colombo 1, Sri Lanka
· 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: (0171) 262-7970, E-mail: lancom@easynet.co.uk
Please also write to the embassies of Sri Lanka in your respective country.
Geneva, October 29th, 2001
Kindly inform us of any action undertaken quoting the code of this appeal in your reply.