Sri Lanka
07.11.03
Urgent Interventions
Sri Lanka: family of child torture victim forced to flee due to police threats
Case LKA 180903.2 CC.
Child concern/Torture/Threats
Follow up to case LKA 180903.CC, LKA 180903.1 CC
The International Secretariat of OMCT requests your URGENT
intervention in the following situation in Sri Lanka.
New information
The International Secretariat of OMCT has been informed by the Asian
Human Rights Commission HK, a member of the OMCT network, that the
father and mother of torture victim Dawundage Pushpakumara (14 years
old) have left their home due to threats from the police and a local
politician after they made a complaint to human rights organizations.
In end September, they had already received threats that their house
would be burnt down (LKA 180903.1 CC.).
Dawundage Pushpakumara, 14, was severely tortured by the Officer In
Charge (OIC) of the Saliyawewa police post, (Puttalm) and other
police officers from 1 September to 2 September 2003. When he was
released from the police station, the police impeded the victim's
obtaining medical treatment because they were afraid that the medical
record of the victim's injuries would be used against them in court.
With the help of the Child Rights Authority of Sri Lanka and human
rights organizations he was taken to Colombo for medical treatment.
Thereafter he has been living in hiding for fear of returning back
home due to threats from the police.
Meanwhile a fundamental rights violation case was filed on his behalf
in the supreme courts of Sri Lanka. Now the father and the mother of
Pushpakumara allegedly have been constantly pressured by the police
and others to withdraw the case filed against the police. In an
affidavit filed by the father of Pushpakumar, D.K. Kularatne, has set
out the details of harassment by the police and stated that his wife
has left the house in fear on 31 October 2003. Thereafter the
Saliyawewa police post asked him to report to the police station on 3
November 2003. For fear of being harassed and tortured he has also
fled his house and sought protection.
Complaints regarding such threats have been made earlier to the
National Police Commission and the National Human Rights Commission
and the Attorney General of Sri Lanka. However no effective action
has been taken to guarantee the security for this family which is
very poor and powerless. The officer in charge of the police station
who is alleged to be the main perpetrator in the torture of
Pushpakumara still continues to hold his post.
OMCT is gravely concerned about the continuing threats and efforts to
intimidate Pushpakumara's family and for their safety and strongly
condemns the continuing impunity of the police officers. The OMCT
calls upon the Sri Lankan authorities to take immediate action to
ensure the physical and psychological integrity of the victim and his
family, to order a thorough and impartial investigation against those
involved, and award appropriate reparation to the victim and his
family.
Brief reminder of the situation
On 1st September 2003, Dawundage Pushpakumara had been taken by
force from his home to the Saliyawewa Police Post in Putlam. There,
he had been assaulted and told to confess to having stolen a chain.
He was thrown into a cell, with his hands tied behind him and hung on
a beam. There the Officer in Charge (OIC) and several others
assaulted him. Then he was put in a room full of ants with his hands
still tied. His parents were prevented from seeing him and he
continued to be threatened and assaulted until the next morning (2nd
September), when the OIC finally allowed him to go home with the
mother. After Pushpakumara went back home, he complained of headaches
and fainted. The next morning the Genera L Hospital of Putlam
admitted him.
Action requested
Please write to the authorities in Sri Lanka urging them to:
i. take all measures necessary to guarantee the physical and
psychological integrity of Dawundage Pushpakumara and his parents;
ii. put an end immediately to the harassment and threats perpetrated against them;
iii. apply the penal, civil and/or administrative sanctions provided by law against the policemen involved;
Addresses
1. 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
2. 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
3. Mr. Shaveendra Fernando
Senior State Counsel
Torture Prosecution Unit
Attorney General's Department
Colombo 12
SRI LANKA
Fax: +94 11 2 327 765
4. 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
Fax HOME: +94 11 2 674148
5. Dr. Radhika Coomaraswamy
Director
National Human Rights Commission of Sri Lanka
No. 36, Kynsey Road, Colombo 8
SRI LANKA
Tel: +94 11 2 694 925 / 673 806
Fax: +94 11 2 694 924 / 696 470
E-mail: sechrc@sltnet.lk
6. 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 8
Please also write to the embassies of Sri Lanka in your respective
country.
Geneva, November 7, 2003
Kindly inform us of any action undertaken quoting the code of this
appeal in your reply.
Child concern/Torture/Threats
Follow up to case LKA 180903.CC, LKA 180903.1 CC
The International Secretariat of OMCT requests your URGENT
intervention in the following situation in Sri Lanka.
New information
The International Secretariat of OMCT has been informed by the Asian
Human Rights Commission HK, a member of the OMCT network, that the
father and mother of torture victim Dawundage Pushpakumara (14 years
old) have left their home due to threats from the police and a local
politician after they made a complaint to human rights organizations.
In end September, they had already received threats that their house
would be burnt down (LKA 180903.1 CC.).
Dawundage Pushpakumara, 14, was severely tortured by the Officer In
Charge (OIC) of the Saliyawewa police post, (Puttalm) and other
police officers from 1 September to 2 September 2003. When he was
released from the police station, the police impeded the victim's
obtaining medical treatment because they were afraid that the medical
record of the victim's injuries would be used against them in court.
With the help of the Child Rights Authority of Sri Lanka and human
rights organizations he was taken to Colombo for medical treatment.
Thereafter he has been living in hiding for fear of returning back
home due to threats from the police.
Meanwhile a fundamental rights violation case was filed on his behalf
in the supreme courts of Sri Lanka. Now the father and the mother of
Pushpakumara allegedly have been constantly pressured by the police
and others to withdraw the case filed against the police. In an
affidavit filed by the father of Pushpakumar, D.K. Kularatne, has set
out the details of harassment by the police and stated that his wife
has left the house in fear on 31 October 2003. Thereafter the
Saliyawewa police post asked him to report to the police station on 3
November 2003. For fear of being harassed and tortured he has also
fled his house and sought protection.
Complaints regarding such threats have been made earlier to the
National Police Commission and the National Human Rights Commission
and the Attorney General of Sri Lanka. However no effective action
has been taken to guarantee the security for this family which is
very poor and powerless. The officer in charge of the police station
who is alleged to be the main perpetrator in the torture of
Pushpakumara still continues to hold his post.
OMCT is gravely concerned about the continuing threats and efforts to
intimidate Pushpakumara's family and for their safety and strongly
condemns the continuing impunity of the police officers. The OMCT
calls upon the Sri Lankan authorities to take immediate action to
ensure the physical and psychological integrity of the victim and his
family, to order a thorough and impartial investigation against those
involved, and award appropriate reparation to the victim and his
family.
Brief reminder of the situation
On 1st September 2003, Dawundage Pushpakumara had been taken by
force from his home to the Saliyawewa Police Post in Putlam. There,
he had been assaulted and told to confess to having stolen a chain.
He was thrown into a cell, with his hands tied behind him and hung on
a beam. There the Officer in Charge (OIC) and several others
assaulted him. Then he was put in a room full of ants with his hands
still tied. His parents were prevented from seeing him and he
continued to be threatened and assaulted until the next morning (2nd
September), when the OIC finally allowed him to go home with the
mother. After Pushpakumara went back home, he complained of headaches
and fainted. The next morning the Genera L Hospital of Putlam
admitted him.
Action requested
Please write to the authorities in Sri Lanka urging them to:
i. take all measures necessary to guarantee the physical and
psychological integrity of Dawundage Pushpakumara and his parents;
ii. put an end immediately to the harassment and threats perpetrated against them;
iii. apply the penal, civil and/or administrative sanctions provided by law against the policemen involved;
Addresses
1. 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
2. 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
3. Mr. Shaveendra Fernando
Senior State Counsel
Torture Prosecution Unit
Attorney General's Department
Colombo 12
SRI LANKA
Fax: +94 11 2 327 765
4. 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
Fax HOME: +94 11 2 674148
5. Dr. Radhika Coomaraswamy
Director
National Human Rights Commission of Sri Lanka
No. 36, Kynsey Road, Colombo 8
SRI LANKA
Tel: +94 11 2 694 925 / 673 806
Fax: +94 11 2 694 924 / 696 470
E-mail: sechrc@sltnet.lk
6. 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 8
Please also write to the embassies of Sri Lanka in your respective
country.
Geneva, November 7, 2003
Kindly inform us of any action undertaken quoting the code of this
appeal in your reply.