Sri Lanka
17.05.02
Urgent Interventions
Sri Lanka: Lalith Rajapakse was released on bail on May 16th, 2002
Case LKA 130502.1
Follow-up to case LKA 130502
Release
Geneva, May 17th, 2002
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) that Lalith Rajapakse was released on bail on May 16th, 2002.
According to the information received, Mr. Rajapakse was released on bail after Attorneys-at-Law Mr. Basil Fernando and Mr. Sangeewa Wijewicrama made submissions to the Magistrate. The Magistrate declared that a procedural violation had been carried out when Mr. Rajapakse was detained without first producing him before the acting Magistrate. The Magistrate requested an explanation from the police station, but there were reportedly no officers present to answer his request.
Mr. Basil Fernando reportedly told the court on May 16th, 2002, that the two major police crimes perpetrated against Mr. Lalith Rajapakse are: attempted murder and violation of Act. No.40 of 1994 from the Elimination of Torture Act. The Magistrate reportedly ordered that Mr. Lalith Rajapakse be released on personal bail and ordered the Commissioner of Prisons to produce him in court on May 17th, 2002.
According to the report, Mr. Lalith Rajapakse was subjected to torture while in detention and was consequently unconscious for 15 days. During his arrest, on the night of April 18th, 2002, he was reportedly kicked in the head and hit with the wooden handle of an axe. On the morning of April 19th, 2002 he was allegedly still well, but that night he was severely beaten on the feet and books were placed on his head and were hit with wooden poles, after which he reportedly lost consciousness. He was left unconscious on the floor of the cell until the next day, when his grandfather, who had come to the police station in search of his grandson, sought help from a local politician, leading to Mr. Lalith Rajapakse being taken to hospital.
The International Secretariat of OMCT welcomes the release of Mr. Rajapakse but remains concerned about his condition and fears that the perpetrators of this attack will not be brought to justice and that Lalith Rajapakse will not be granted adequate reparation, including appropriate medical assistance, which he requires as a matter of urgency.
Brief reminder of the situation
According to the information received, 19-year old Lalith Rajapakse was arbitrarily arrested and subjected to torture while in detention at the Kabdana police station on April 19th, 2002, in Colombo, Sri Lanka. On April 18th, 2002, Mr. Rajapakse was sleeping at a friend’s house when police officer Wijeratne and two other officers took him to the Kabdana police station, having accused him of theft. His family was not informed and only learnt of his arrest on April 20th, 2002. Mr. Rajapakse’s grandfather found that his grandson was lying on the floor of the cell unconscious, reportedly as the result of torture. Mr. Rajapakse was taken to Colombo Central Hospital, where he remained unconscious until May 7th, 2002.
Action requested
Please write to the authorities in Sri Lanka urging them to:
· Ensure that Lalith Rajapakse be given appropriate medical assistance as a matter of urgency;
· 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;
· guarantee adequate reparation to Lalith Rajapakse;
· 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 Honorable Ranil Wickremasinghe, 58 Sir Earnest de Silva Mawatha, Colombo 7. Sri Lanka. Fax No 00 94 1575454
· Honorable Minister for Justice and Constitutional Affairs, 37, Kirula Place, Colombo 5. Sri Lanka. Fax No 00 94 1 437680
· 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, May 17th, 2002
Kindly inform us of any action undertaken quoting the code of this appeal in your reply.
Follow-up to case LKA 130502
Release
Geneva, May 17th, 2002
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) that Lalith Rajapakse was released on bail on May 16th, 2002.
According to the information received, Mr. Rajapakse was released on bail after Attorneys-at-Law Mr. Basil Fernando and Mr. Sangeewa Wijewicrama made submissions to the Magistrate. The Magistrate declared that a procedural violation had been carried out when Mr. Rajapakse was detained without first producing him before the acting Magistrate. The Magistrate requested an explanation from the police station, but there were reportedly no officers present to answer his request.
Mr. Basil Fernando reportedly told the court on May 16th, 2002, that the two major police crimes perpetrated against Mr. Lalith Rajapakse are: attempted murder and violation of Act. No.40 of 1994 from the Elimination of Torture Act. The Magistrate reportedly ordered that Mr. Lalith Rajapakse be released on personal bail and ordered the Commissioner of Prisons to produce him in court on May 17th, 2002.
According to the report, Mr. Lalith Rajapakse was subjected to torture while in detention and was consequently unconscious for 15 days. During his arrest, on the night of April 18th, 2002, he was reportedly kicked in the head and hit with the wooden handle of an axe. On the morning of April 19th, 2002 he was allegedly still well, but that night he was severely beaten on the feet and books were placed on his head and were hit with wooden poles, after which he reportedly lost consciousness. He was left unconscious on the floor of the cell until the next day, when his grandfather, who had come to the police station in search of his grandson, sought help from a local politician, leading to Mr. Lalith Rajapakse being taken to hospital.
The International Secretariat of OMCT welcomes the release of Mr. Rajapakse but remains concerned about his condition and fears that the perpetrators of this attack will not be brought to justice and that Lalith Rajapakse will not be granted adequate reparation, including appropriate medical assistance, which he requires as a matter of urgency.
Brief reminder of the situation
According to the information received, 19-year old Lalith Rajapakse was arbitrarily arrested and subjected to torture while in detention at the Kabdana police station on April 19th, 2002, in Colombo, Sri Lanka. On April 18th, 2002, Mr. Rajapakse was sleeping at a friend’s house when police officer Wijeratne and two other officers took him to the Kabdana police station, having accused him of theft. His family was not informed and only learnt of his arrest on April 20th, 2002. Mr. Rajapakse’s grandfather found that his grandson was lying on the floor of the cell unconscious, reportedly as the result of torture. Mr. Rajapakse was taken to Colombo Central Hospital, where he remained unconscious until May 7th, 2002.
Action requested
Please write to the authorities in Sri Lanka urging them to:
· Ensure that Lalith Rajapakse be given appropriate medical assistance as a matter of urgency;
· 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;
· guarantee adequate reparation to Lalith Rajapakse;
· 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 Honorable Ranil Wickremasinghe, 58 Sir Earnest de Silva Mawatha, Colombo 7. Sri Lanka. Fax No 00 94 1575454
· Honorable Minister for Justice and Constitutional Affairs, 37, Kirula Place, Colombo 5. Sri Lanka. Fax No 00 94 1 437680
· 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, May 17th, 2002
Kindly inform us of any action undertaken quoting the code of this appeal in your reply.