Sri Lanka
25.02.03
Urgent Interventions
Sri Lanka: further information concerning the case of Mr. Michael Anthony Fernando
Case LKA 180203.1
Follow-up of Case 180203
Unfair trial / Arbitrary detention / Torture
Geneva, February 25th, 2003
The International Secretariat of the OMCT requests your URGENT intervention in the following situation in Sri Lanka.
New Information
The International Secretariat of the OMCT has received further information from the Asian Human Rights Commission, a member of the OMCT network, concerning the case of Mr. Michael Anthony Fernando in Sri Lanka.
According to the information received, Mr. Fernando received a one-year prison sentence for contempt of court on February 6th, 2003, after an unfair trial before the Supreme Court. During these proceedings he never obtained a charge sheet clearly stating the offence, the possible punishment faced, a summary of the evidence against him, legal advice prior to conviction, sufficient time to prepare his case, the factual and legal basis on which the judgment was issued and the right to appeal the court's decision. Following this, he was reportedly assaulted and tortured by members of the police, resulting in severe injuries to his back. The police have reportedly claimed that the injuries result from Mr. Fernando having fallen down. Mr. Fernando is presently hospitalized in the Intensive Care Unit of the General Hospital and is reportedly still being detained in custody, including chains.
According to the information received, Mr. Fernando was initially being detained in the Prison Hospital due to an asthma attack. On February 10th, 2003 he reportedly fell out of bed due to the pain he was in and injured his back, making it difficult for him to walk. The prison guards reportedly did not believe that he had injured himself and discharged him from the hospital in order to take him back to the prison. He was reportedly carried from the hospital to a police vehicle by prison guards and was assaulted by a plainclothes officer in front of his father, outside of the hospital. According to the information received, Mr. Fernando was kicked and slapped several times. He was reportedly forced into the police van and kicked several times in the back by an officer wearing boots.
According to the information received, Mr. Fernando was then brought back to the prison, and was further assaulted to the point where he could no longer stand on his own. He was then reportedly told to get up, and when he was unable to do so, the prison guards brought him into the prison on a stretcher. Mr. Fernando was reportedly placed next to a foul smelling toilet and told that if he could not get up that he would have to remain there. Mr. Fernando was forced to remain next to the toilet for two days.
Mr. Fernando was reportedly unable to get up to urinate, and when he asked for help, it was refused, as the prison authorities continued to claim that he was lying about the severity of his injuries. Without any assistance, Mr. Fernando had no option but to soil himself while lying on the ground. Later on, a prison officer reportedly removed all of Mr. Fernando’s clothes and told him that he would need to get up in order to get them back. Mr. Fernando spent another 24 hours lying next to the toilet without any clothes on. According to the information received, it was only when Mr. Fernando began passing blood in his urine that the prison authorities began to take his injuries seriously, at which point they brought him back to the intensive care unit at the hospital on February 17, 2003. Mr. Fernando has not been granted adequate access to members of this family or the religious institutions since this time.
The International Secretariat of the OMCT is gravely concerned for Mr. Fernando’s physical and psychological integrity and urges the Sri Lankan authorities to immediately grant him the medical assistance necessary to guarantee his integrity. OMCT condemns in the strongest possible terms the torture to which Mr. Fernando was subjected while he was in detention, which has resulted in the afore-mentioned grave injuries. OMCT calls on the authorities to ensure that Mr. Fernando is granted access to his family and legal representation. OMCT also urges the Sri Lankan Government to immediately launch an impartial investigation into Mr. Fernando’s complaint of torture, which he reportedly submitted on February 16th, 2003, and bring the perpetrators of these acts to justice. Finally, OMCT wishes to denounce the violations of Mr. Fernando’s procedural rights during his trial.
Background Information
According to the information received, Mr. Fernando petitioned the Supreme Court of Sri Lanka concerning a fundamental human rights application. On February 6th, 2003, the Supreme Court reportedly held him in contempt of court and sentenced him to one year of imprisonment, in what OMCT’s sources affirm was an unfair trial. The verdict of the Supreme Court has raised concern and protest as Chief Justice Sarath N. Silva, against whom the application was made, was the presiding judge who handed down this decision. Such cases are reportedly usually heard by a different judge from the one against whom the claim has been directed. Further to this, the standard procedure of allowing the accused time to get legal advice and representation was not followed, and Mr. Fernando had no right of appeal. Following his arrest, he was reportedly assaulted by prison officials, resulting in serious injuries to his spinal chord. Mr. Fernando’s family and members of the religious community have been denied adequate access to him in the hospital.
Action Requested
Please write to the authorities in Sri Lanka urging them to:
i. take all necessary measures to guarantee Mr. Fernando’s physical and psychological integrity and provide him with appropriate medical treatment as a matter of urgency;
ii. ensure that his family, his legal representation and members of the religious community are granted immediate and full access to Mr. Fernando;
iii. order his immediate release in the absence of valid legal charges or, if such charges exist, bring him before an impartial and competent tribunal and guarantee his procedural rights at all times;
iv. order a thorough and impartial investigation into the circumstances these events, notably the alleged violations of Mr. Fernando’s procedural rights by the Supreme Court and the physical attack to which he was subjected in detention, in order to identify those responsible, bring them to trial and apply the penal and/or administrative sanctions as provided by law;
v. guarantee adequate reparation to Mr. Fernando;
vi. guarantee the respect of human rights and the fundamental freedoms throughout the country in accordance with international human rights law and standards.
Addresses
· Her Excellency President Chandrika Bandaranaike Kumaratunga, President's House, Colombo 3, Sri Lanka. Fax: + 94 1 333703, E-mail: for_min@sri.lanka.net
· Hon. Prime Minister Ranil Wickremasinghe, Cambridge Place, Colombo 7, Sri Lanka. Fax: + 94 1575 454/1 682905. E-mail: secpm@sltnet.lk, bradmanw@slt.lk
· Hon. Mr. K. C. Kamalasabesan, Attorney General, Attorney General's Department, Colombo 12, Sri Lanka. Fax: + 94 1 436-421, E-mail: attorney@sri.lanka.net or counsel@sri.lanka.net
· Honourable Minister for Justice and Constitutional Affairs, 37, Kirula Place, Colombo 5. Sri Lanka. Fax: + 94 1 437680
· Honourable Minister of Interior John Amaratunga, Colombo, Fax: + 94 1387 526, + 94 1698 282· Inspector General of Police, Mr. T. E. Anandarajah, New Secretariat, Colombo 1, Sri Lanka, Fax: 0094 1 446174· Mr. Ranjith Abeysuriya PC, Chairman, National Police Commission, 10 A, Flower Road, Colombo 7, Sri Lanka
Please also write to the embassies of Sri Lanka in your respective country.
Geneva, February 25th, 2003
Kindly inform us of any action undertaken quoting the code of this appeal in your reply.
Follow-up of Case 180203
Unfair trial / Arbitrary detention / Torture
Geneva, February 25th, 2003
The International Secretariat of the OMCT requests your URGENT intervention in the following situation in Sri Lanka.
New Information
The International Secretariat of the OMCT has received further information from the Asian Human Rights Commission, a member of the OMCT network, concerning the case of Mr. Michael Anthony Fernando in Sri Lanka.
According to the information received, Mr. Fernando received a one-year prison sentence for contempt of court on February 6th, 2003, after an unfair trial before the Supreme Court. During these proceedings he never obtained a charge sheet clearly stating the offence, the possible punishment faced, a summary of the evidence against him, legal advice prior to conviction, sufficient time to prepare his case, the factual and legal basis on which the judgment was issued and the right to appeal the court's decision. Following this, he was reportedly assaulted and tortured by members of the police, resulting in severe injuries to his back. The police have reportedly claimed that the injuries result from Mr. Fernando having fallen down. Mr. Fernando is presently hospitalized in the Intensive Care Unit of the General Hospital and is reportedly still being detained in custody, including chains.
According to the information received, Mr. Fernando was initially being detained in the Prison Hospital due to an asthma attack. On February 10th, 2003 he reportedly fell out of bed due to the pain he was in and injured his back, making it difficult for him to walk. The prison guards reportedly did not believe that he had injured himself and discharged him from the hospital in order to take him back to the prison. He was reportedly carried from the hospital to a police vehicle by prison guards and was assaulted by a plainclothes officer in front of his father, outside of the hospital. According to the information received, Mr. Fernando was kicked and slapped several times. He was reportedly forced into the police van and kicked several times in the back by an officer wearing boots.
According to the information received, Mr. Fernando was then brought back to the prison, and was further assaulted to the point where he could no longer stand on his own. He was then reportedly told to get up, and when he was unable to do so, the prison guards brought him into the prison on a stretcher. Mr. Fernando was reportedly placed next to a foul smelling toilet and told that if he could not get up that he would have to remain there. Mr. Fernando was forced to remain next to the toilet for two days.
Mr. Fernando was reportedly unable to get up to urinate, and when he asked for help, it was refused, as the prison authorities continued to claim that he was lying about the severity of his injuries. Without any assistance, Mr. Fernando had no option but to soil himself while lying on the ground. Later on, a prison officer reportedly removed all of Mr. Fernando’s clothes and told him that he would need to get up in order to get them back. Mr. Fernando spent another 24 hours lying next to the toilet without any clothes on. According to the information received, it was only when Mr. Fernando began passing blood in his urine that the prison authorities began to take his injuries seriously, at which point they brought him back to the intensive care unit at the hospital on February 17, 2003. Mr. Fernando has not been granted adequate access to members of this family or the religious institutions since this time.
The International Secretariat of the OMCT is gravely concerned for Mr. Fernando’s physical and psychological integrity and urges the Sri Lankan authorities to immediately grant him the medical assistance necessary to guarantee his integrity. OMCT condemns in the strongest possible terms the torture to which Mr. Fernando was subjected while he was in detention, which has resulted in the afore-mentioned grave injuries. OMCT calls on the authorities to ensure that Mr. Fernando is granted access to his family and legal representation. OMCT also urges the Sri Lankan Government to immediately launch an impartial investigation into Mr. Fernando’s complaint of torture, which he reportedly submitted on February 16th, 2003, and bring the perpetrators of these acts to justice. Finally, OMCT wishes to denounce the violations of Mr. Fernando’s procedural rights during his trial.
Background Information
According to the information received, Mr. Fernando petitioned the Supreme Court of Sri Lanka concerning a fundamental human rights application. On February 6th, 2003, the Supreme Court reportedly held him in contempt of court and sentenced him to one year of imprisonment, in what OMCT’s sources affirm was an unfair trial. The verdict of the Supreme Court has raised concern and protest as Chief Justice Sarath N. Silva, against whom the application was made, was the presiding judge who handed down this decision. Such cases are reportedly usually heard by a different judge from the one against whom the claim has been directed. Further to this, the standard procedure of allowing the accused time to get legal advice and representation was not followed, and Mr. Fernando had no right of appeal. Following his arrest, he was reportedly assaulted by prison officials, resulting in serious injuries to his spinal chord. Mr. Fernando’s family and members of the religious community have been denied adequate access to him in the hospital.
Action Requested
Please write to the authorities in Sri Lanka urging them to:
i. take all necessary measures to guarantee Mr. Fernando’s physical and psychological integrity and provide him with appropriate medical treatment as a matter of urgency;
ii. ensure that his family, his legal representation and members of the religious community are granted immediate and full access to Mr. Fernando;
iii. order his immediate release in the absence of valid legal charges or, if such charges exist, bring him before an impartial and competent tribunal and guarantee his procedural rights at all times;
iv. order a thorough and impartial investigation into the circumstances these events, notably the alleged violations of Mr. Fernando’s procedural rights by the Supreme Court and the physical attack to which he was subjected in detention, in order to identify those responsible, bring them to trial and apply the penal and/or administrative sanctions as provided by law;
v. guarantee adequate reparation to Mr. Fernando;
vi. guarantee the respect of human rights and the fundamental freedoms throughout the country in accordance with international human rights law and standards.
Addresses
· Her Excellency President Chandrika Bandaranaike Kumaratunga, President's House, Colombo 3, Sri Lanka. Fax: + 94 1 333703, E-mail: for_min@sri.lanka.net
· Hon. Prime Minister Ranil Wickremasinghe, Cambridge Place, Colombo 7, Sri Lanka. Fax: + 94 1575 454/1 682905. E-mail: secpm@sltnet.lk, bradmanw@slt.lk
· Hon. Mr. K. C. Kamalasabesan, Attorney General, Attorney General's Department, Colombo 12, Sri Lanka. Fax: + 94 1 436-421, E-mail: attorney@sri.lanka.net or counsel@sri.lanka.net
· Honourable Minister for Justice and Constitutional Affairs, 37, Kirula Place, Colombo 5. Sri Lanka. Fax: + 94 1 437680
· Honourable Minister of Interior John Amaratunga, Colombo, Fax: + 94 1387 526, + 94 1698 282· Inspector General of Police, Mr. T. E. Anandarajah, New Secretariat, Colombo 1, Sri Lanka, Fax: 0094 1 446174· Mr. Ranjith Abeysuriya PC, Chairman, National Police Commission, 10 A, Flower Road, Colombo 7, Sri Lanka
Please also write to the embassies of Sri Lanka in your respective country.
Geneva, February 25th, 2003
Kindly inform us of any action undertaken quoting the code of this appeal in your reply.