Sri Lanka
16.02.05
Urgent Interventions
Sri Lanka: Family of victim threatened with torture
Case LKA 180903.3 /Case LKA 180903.3 CC
URGENT APPEAL / CHILD CONCERN
Follow up to cases LKA 180903.CC, LKA 180903.1 CC, LKA 180903.2 CC
Torture / Threats
Geneva, 16th February 2005,
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 (AHRC), a member of the OMCT network, that the family of a torture victim Dawundage Pushpakumara, 14 years old at the moment of the incident, has recently received severe threats several times by the accused police officers who forced them to withdraw the complaints related to the torture against them. The threats by the alleged perpetrators become serious as the victim's case is to be heard for the first time on 9 February 2005 at the Chilaw High Court.
According to the information received, the family stated that on 25 January 2005 a large group of police officers came to the family house of the victim and again threatened the family that they will be killed if they do not "withdraw the case". Then, on 29 January 2005 a leading local politician, D.M. Dasnayaka, arrived at the house of the victim and told the victim's mother to withdraw complaints against police officers stating that "these officers are my men." The politician suggested that Rs. 250,000 will be paid if the case is "withdrawn".
On February 7 a group of six police officers came to the house of the victim and stayed there for a long time expecting that the victim's mother would return home. These officers wanted to take the victim's mother and his sister, who is a witness to the technical centre where the victim is boarded and under protection. The officers wanted the mother and the sister to convince the boy to give evidence in court stating that the former OIC of Saliyawewa Police Post did not in fact assault him. These officers promised that the victim will be paid all the expenses of his medical care and the police will also help him to have a house built for himself. This scheme to take the family did not materialize as the mother remained in hiding due to her fear of the police and therefore they could not take her to the place where the boy was staying. However, for hours these police officers waited in the house, keeping a van ready to take them to where the boy. On several occasions the step father of the victim Mr. Kularatna and the victim's sister, Indrani, who is a witness in the torture case were also threatened and they complained of attempts to involve them in fabricated cases as a punishment for pursuing their complaint of torture against D. Pushpakumara.
D. Pushpakumara has been staying in a technical training centre where he was given protection after there were threats to his life from the alleged perpetrators. A few days ago the former Officer-in-Charge of the Saliyawewa Police Post requested the priest who is charge of the centre to get the boy to "withdraw" the complaint.
Brief reminder of the situation
Dawundage Pushpakumara was arrested by six police officers from the Saliyawewa Police Post in Putlam on suspicion of theft on 1 September 2003. However, the police did not have any evidence that proved his involvement of theft. After he was taken to the Saliyawewa Police Post, the then Officer-in-Charge and other police officers severely tortured him until the next day. He was released on 2 September 2003 and the police officers told his family that D. Pushpakumara was not a thief and that the real culprit had been arrested on 5 September 2005.
Since filing the complaints and after the investigations started the police officers constantly threatened the family and even tried to prevent the boy from getting medical treatment. Thereafter the Child Protection Authority intervened and took the boy to Colombo for medical treatment. Due to the fear of the family and the boy that his life was under threat he never returned to home after that and was given protection at a technical centre where he has stayed ever since.
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 yet been taken to guarantee the security for this family which is very poor and powerless.
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 family;
ii. put an end immediately to the harassment and threats perpetrated against them and order a thorough and impartial investigation into the circumstances of these events, in order to bring those responsible to trial and apply the penal and/or administrative sanctions as provided by law;
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
Please also write to the embassies of Sri Lanka in your respective country.
Geneva, 16th February 2005
Kindly inform us of any action undertaken quoting the code of this appeal in your reply.
URGENT APPEAL / CHILD CONCERN
Follow up to cases LKA 180903.CC, LKA 180903.1 CC, LKA 180903.2 CC
Torture / Threats
Geneva, 16th February 2005,
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 (AHRC), a member of the OMCT network, that the family of a torture victim Dawundage Pushpakumara, 14 years old at the moment of the incident, has recently received severe threats several times by the accused police officers who forced them to withdraw the complaints related to the torture against them. The threats by the alleged perpetrators become serious as the victim's case is to be heard for the first time on 9 February 2005 at the Chilaw High Court.
According to the information received, the family stated that on 25 January 2005 a large group of police officers came to the family house of the victim and again threatened the family that they will be killed if they do not "withdraw the case". Then, on 29 January 2005 a leading local politician, D.M. Dasnayaka, arrived at the house of the victim and told the victim's mother to withdraw complaints against police officers stating that "these officers are my men." The politician suggested that Rs. 250,000 will be paid if the case is "withdrawn".
On February 7 a group of six police officers came to the house of the victim and stayed there for a long time expecting that the victim's mother would return home. These officers wanted to take the victim's mother and his sister, who is a witness to the technical centre where the victim is boarded and under protection. The officers wanted the mother and the sister to convince the boy to give evidence in court stating that the former OIC of Saliyawewa Police Post did not in fact assault him. These officers promised that the victim will be paid all the expenses of his medical care and the police will also help him to have a house built for himself. This scheme to take the family did not materialize as the mother remained in hiding due to her fear of the police and therefore they could not take her to the place where the boy was staying. However, for hours these police officers waited in the house, keeping a van ready to take them to where the boy. On several occasions the step father of the victim Mr. Kularatna and the victim's sister, Indrani, who is a witness in the torture case were also threatened and they complained of attempts to involve them in fabricated cases as a punishment for pursuing their complaint of torture against D. Pushpakumara.
D. Pushpakumara has been staying in a technical training centre where he was given protection after there were threats to his life from the alleged perpetrators. A few days ago the former Officer-in-Charge of the Saliyawewa Police Post requested the priest who is charge of the centre to get the boy to "withdraw" the complaint.
Brief reminder of the situation
Dawundage Pushpakumara was arrested by six police officers from the Saliyawewa Police Post in Putlam on suspicion of theft on 1 September 2003. However, the police did not have any evidence that proved his involvement of theft. After he was taken to the Saliyawewa Police Post, the then Officer-in-Charge and other police officers severely tortured him until the next day. He was released on 2 September 2003 and the police officers told his family that D. Pushpakumara was not a thief and that the real culprit had been arrested on 5 September 2005.
Since filing the complaints and after the investigations started the police officers constantly threatened the family and even tried to prevent the boy from getting medical treatment. Thereafter the Child Protection Authority intervened and took the boy to Colombo for medical treatment. Due to the fear of the family and the boy that his life was under threat he never returned to home after that and was given protection at a technical centre where he has stayed ever since.
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 yet been taken to guarantee the security for this family which is very poor and powerless.
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 family;
ii. put an end immediately to the harassment and threats perpetrated against them and order a thorough and impartial investigation into the circumstances of these events, in order to bring those responsible to trial and apply the penal and/or administrative sanctions as provided by law;
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
- 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. Chandra Fernando, Inspector General of Police (IGP), New Secretariat, Colombo 1, SRI LANKA, Fax: +94 11 2 440440/327877
- Mr. Ranjith Abeysuriya PC, Chairperson, National Police Commission, 69-1 Ward Place, Colombo 7, SRI LANKA, Fax: +94 11 2 669 528, Email: polcom@sltnet.lk
- Dr. Radhika Coomaraswamy, Chairperson, 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
- Mr. W.G. Wekadapola, Assistant Superintendent of Police, Puttalam District, Chilaw Division, SRI LANKA, Fax: +94 32 2265222
Please also write to the embassies of Sri Lanka in your respective country.
Geneva, 16th February 2005
Kindly inform us of any action undertaken quoting the code of this appeal in your reply.