Sri Lanka
12.07.02
Urgent Interventions
Sri Lanka: death in detention of 19-year old Mr. Uduwa Vidanelage Susil Jayalath
Case LKA 120702
Arbitrary arrest and detention / Torture / Death in detention
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 death in detention of 19-year old Mr. Uduwa Vidanelage Susil Jayalath from Sapugaskanda on June 29th 2002, after he was arbitrarily arrested and subsequently subjected to torture while in the custody of members of the Sapugaskanda Police, in Sri Lanka.
According to the information received, Mr. Jayalath was having a drink when he was arrested in an area that is subjected to police raids in search of drug users. According to his family, however, Mr. Jayalath never took drugs or even smoked.
According to the medical report that was produced after Mr. Jayalath’s death, it states that Mr. Jalayath bears visible signs of torture. The report indicates that Mr. Jayalath was beaten with a blunt instrument, potentially a wooden pole, especially on his back. There were also visible signs that Mr. Jayalath had been kicked while in detention.
According to the report, the torture Mr. Jayalath was subjected to was not the cause of his death. A medical report states that Mr. Jayalath’s head was severely injured following a backwards fall out of the police van in which he was being held, onto a rough hard surface (such as a tarred road), which has been isolated as the cause of his immediate death. According to Mr. Jayalath’s family, Mr. Jayalath was thrown out of the police van, causing the head injury, but the police claim that Mr. Jayalath jumped out of the police van without being thrown. A forensic study needs to be carried out to determine what actually happened, notably concerning whether the fatal head injury was sustained as the result of Mr. Jayalath either having jumped or been thrown from the van.
According to Sri Lankan law, once a person is in police custody, his or her protection is the duty of the police, and the State is accountable for the failure to protect the suspect. A case has been filed to the Magistrate dealing with this case (Case No. 1585/02 Gampaha M.C.) holding the Government responsible for Mr. Jayalath’s death. The case states that 1) Mr. Jayalath received a blow to his head, which caused his immediate death while he was in police custody 2) Mr. Jayalath was tortured while in police custody. The case has not yet undergone a criminal investigation or a judicial inquiry, as required by law. The Magistrate has reportedly stated that it may be impossible to deal with these events as a murder case against the policemen in question, as the death came as a result of the injuries to Mr. Jayalath’s head and not the torture to which he was subjected. In making this statement, the Magistrate has endorsed the view that these injuries were the result of Mr. Jayalath having thrown himself out of the van, even though there is no forensic proof of this being the case. The Magistrate has, however, ordered an inquiry into the allegations of the use of torture on Mr. Jayalath, which is a crime under Sri Lanka law, but OMCT is gravely concerned that the issue of Mr. Jayalath’s death - and the responsibility thereof - is currently not being addressed, even though this is of paramount importance given that reports indicate that the torture, while a grave human rights violation in its own right, was not the established cause of his death.
According to the information received, the death of Mr. Jayalath has resulted in the largest demonstration witnessed in the Sapugaskanda region in recent times, which has resulted in fires to property and the reported serious wounding of one senior police officer. The Police were reportedly forced to withdraw from the area and as a result, the Sri Lankan military were brought in to break-up the demonstration. It is thought that the Magistrate’s statement concerning the issue of alleged murder may have been made in order bolster the Government and the Police, given this volatile situation. The results of a thorough and impartial forensic investigation need to be taken into account before the decision can be taken concerning whether Mr. Jayalath’s death can be attributed to the actions of the Police or as the result of him having thrown himself out of the van. It must be noted that, even if he did throw himself out of the van, he was most likely doing so in order to escape the alleged beatings that were being administered by the policemen.
While the International Secretariat of OMCT welcomes the investigation being led into the allegations of torture of Mr. Uduwa Vidanelage Susil Jayalath while in detention, it remains gravely concerned about the fact that his subsequent death is not being addressed by such an investigation, leading to fears that it may go unpunished. 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. Jayalath’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, notably Mr. Jayalath’s death, 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 the family of Mr. Jayalath:
· 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 12th, 2002
Kindly inform us of any action undertaken quoting the code of this appeal in your reply.
Arbitrary arrest and detention / Torture / Death in detention
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 death in detention of 19-year old Mr. Uduwa Vidanelage Susil Jayalath from Sapugaskanda on June 29th 2002, after he was arbitrarily arrested and subsequently subjected to torture while in the custody of members of the Sapugaskanda Police, in Sri Lanka.
According to the information received, Mr. Jayalath was having a drink when he was arrested in an area that is subjected to police raids in search of drug users. According to his family, however, Mr. Jayalath never took drugs or even smoked.
According to the medical report that was produced after Mr. Jayalath’s death, it states that Mr. Jalayath bears visible signs of torture. The report indicates that Mr. Jayalath was beaten with a blunt instrument, potentially a wooden pole, especially on his back. There were also visible signs that Mr. Jayalath had been kicked while in detention.
According to the report, the torture Mr. Jayalath was subjected to was not the cause of his death. A medical report states that Mr. Jayalath’s head was severely injured following a backwards fall out of the police van in which he was being held, onto a rough hard surface (such as a tarred road), which has been isolated as the cause of his immediate death. According to Mr. Jayalath’s family, Mr. Jayalath was thrown out of the police van, causing the head injury, but the police claim that Mr. Jayalath jumped out of the police van without being thrown. A forensic study needs to be carried out to determine what actually happened, notably concerning whether the fatal head injury was sustained as the result of Mr. Jayalath either having jumped or been thrown from the van.
According to Sri Lankan law, once a person is in police custody, his or her protection is the duty of the police, and the State is accountable for the failure to protect the suspect. A case has been filed to the Magistrate dealing with this case (Case No. 1585/02 Gampaha M.C.) holding the Government responsible for Mr. Jayalath’s death. The case states that 1) Mr. Jayalath received a blow to his head, which caused his immediate death while he was in police custody 2) Mr. Jayalath was tortured while in police custody. The case has not yet undergone a criminal investigation or a judicial inquiry, as required by law. The Magistrate has reportedly stated that it may be impossible to deal with these events as a murder case against the policemen in question, as the death came as a result of the injuries to Mr. Jayalath’s head and not the torture to which he was subjected. In making this statement, the Magistrate has endorsed the view that these injuries were the result of Mr. Jayalath having thrown himself out of the van, even though there is no forensic proof of this being the case. The Magistrate has, however, ordered an inquiry into the allegations of the use of torture on Mr. Jayalath, which is a crime under Sri Lanka law, but OMCT is gravely concerned that the issue of Mr. Jayalath’s death - and the responsibility thereof - is currently not being addressed, even though this is of paramount importance given that reports indicate that the torture, while a grave human rights violation in its own right, was not the established cause of his death.
According to the information received, the death of Mr. Jayalath has resulted in the largest demonstration witnessed in the Sapugaskanda region in recent times, which has resulted in fires to property and the reported serious wounding of one senior police officer. The Police were reportedly forced to withdraw from the area and as a result, the Sri Lankan military were brought in to break-up the demonstration. It is thought that the Magistrate’s statement concerning the issue of alleged murder may have been made in order bolster the Government and the Police, given this volatile situation. The results of a thorough and impartial forensic investigation need to be taken into account before the decision can be taken concerning whether Mr. Jayalath’s death can be attributed to the actions of the Police or as the result of him having thrown himself out of the van. It must be noted that, even if he did throw himself out of the van, he was most likely doing so in order to escape the alleged beatings that were being administered by the policemen.
While the International Secretariat of OMCT welcomes the investigation being led into the allegations of torture of Mr. Uduwa Vidanelage Susil Jayalath while in detention, it remains gravely concerned about the fact that his subsequent death is not being addressed by such an investigation, leading to fears that it may go unpunished. 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. Jayalath’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, notably Mr. Jayalath’s death, 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 the family of Mr. Jayalath:
· 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 12th, 2002
Kindly inform us of any action undertaken quoting the code of this appeal in your reply.