Sri Lanka
04.07.02
Urgent Interventions
Sri Lanka: Mr. Eric Antunia Kramer has been arbitrarily arrested and subsequently subjected to torture
Case LKA 040702
Arbitrary arrests and detention / Torture / Death threats / Release
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, that on May 28th, 2002, 43-year old Mr. Eric Antunia Kramer was arbitrarily arrested and subsequently subjected to torture while in detention at the Mutuwal Police Station, in Sri Lanka.
According to the information received, Mr. Kramer, who lives at 489/1 St. Sebastian Mawatha, Katunayake and is the father of three children, has been employed at Ceylon Grain Elevators Ltd in Colombo since 1995, working as a welding mechanic.
According to the report, the Singaporean-owned company declared that there had been an attempt to break into the company safe by an unknown burglar, leading to the company security officer, Mr. Piyadasa, asking Mr. Kramer to identify two oxygen cylinders that are used for welding, at approximately 4:30pm on May 28th 2002. Mr. Kramer identified the oxygen cylinders, which had been found on the fourth floor, the same floor that houses the company safe. A police sub-inspector from Mutuwal police station and two other employees, Nr. Neil Jayaweere and Mr. Stanley Christopher, reportedly questioned Mr. Kramer in the company’s security division office concerning how the oxygen cylinders could have been used in the attempted burglary. Mr. Kramer responded that he did not know and was subsequently taken to Mutuwal police station at 6.00 pm.
According to the information received, Mr. Kramer was subjected to torture by four policemen, in an attempt to make him confess to a crime he did not commit. The sub-inspector who arrested Mr. Kramer reportedly whipped Mr. Kramer’s body (excluding his head) with a leather belt, and the Officer in Charge (OIC) of Crimes slapped him and kicked him twice. Mr. Kramer was then held by his hair and taken to the window where Mr. Christopher could see that he was being beaten by four police officers. The sub-inspector and two other policemen reportedly transferred Mr. Kramer to another room and told him to lie down. He was then beaten on the soles of his feet and all over his body with a leather belt and wooden poles for two hours. At 2 am on May 29th 2002, the OIC, who was reportedly drunk at the time, threatened Mr. Kramer by tightening a leather belt around his neck and said “Tell the truth, or you will be killed”.
According to the information received, at about 9:45 on May 30th 2002, Mr. Kramer was released by the police, without any charge having been filed against him. One June 3rd 2002, Mr. Kramer reportedly went to Weralabadda Police Station to file a complaint. The statement was taken by Police Officer Perera. Mr. Kramer was held at the station overnight, and on June 4th at 10.00 am he was questioned by the police station’s OIC. At 5.00 pm, the OIC declared that Mr. Kramer was no longer suspected of burglary, following which he was released.
According to the information received, Mr. Kramer is still suffering from the effects of torture he was subjected to: he cannot walk properly due to the beatings on the soles of his feet and he suffers from chest pains. Mr. Kramer has gone to a private hospital where he is currently undergoing medical treatment. Mr. Kramer has reportedly filed complaints to the Chief of Justice and other authorities.
The International Secretariat of OMCT is deeply concerned by the Sri Lankan authorities arbitrary arrest of Mr. Eric Antunia Kramer and subsequent use of torture upon him while he was in detention. OMCT fears that the perpetrators of these human rights violations will continue to enjoy impunity and that Mr. Kramer will not be granted adequate reparation for the injuries inflicted upon him. OMCT condemns the Sri Lankan authorities’ use of arbitrary arrests and torture as a means of investigating cases and obtaining information, in addition to the fact that all too frequently these acts are based on information given by unreliable sources and mere suspicions. 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 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 Mr. Eric Antunia Kramer, including appropriate medical assistance;
· 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 4th, 2002
Kindly inform us of any action undertaken quoting the code of this appeal in your reply.
Arbitrary arrests and detention / Torture / Death threats / Release
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, that on May 28th, 2002, 43-year old Mr. Eric Antunia Kramer was arbitrarily arrested and subsequently subjected to torture while in detention at the Mutuwal Police Station, in Sri Lanka.
According to the information received, Mr. Kramer, who lives at 489/1 St. Sebastian Mawatha, Katunayake and is the father of three children, has been employed at Ceylon Grain Elevators Ltd in Colombo since 1995, working as a welding mechanic.
According to the report, the Singaporean-owned company declared that there had been an attempt to break into the company safe by an unknown burglar, leading to the company security officer, Mr. Piyadasa, asking Mr. Kramer to identify two oxygen cylinders that are used for welding, at approximately 4:30pm on May 28th 2002. Mr. Kramer identified the oxygen cylinders, which had been found on the fourth floor, the same floor that houses the company safe. A police sub-inspector from Mutuwal police station and two other employees, Nr. Neil Jayaweere and Mr. Stanley Christopher, reportedly questioned Mr. Kramer in the company’s security division office concerning how the oxygen cylinders could have been used in the attempted burglary. Mr. Kramer responded that he did not know and was subsequently taken to Mutuwal police station at 6.00 pm.
According to the information received, Mr. Kramer was subjected to torture by four policemen, in an attempt to make him confess to a crime he did not commit. The sub-inspector who arrested Mr. Kramer reportedly whipped Mr. Kramer’s body (excluding his head) with a leather belt, and the Officer in Charge (OIC) of Crimes slapped him and kicked him twice. Mr. Kramer was then held by his hair and taken to the window where Mr. Christopher could see that he was being beaten by four police officers. The sub-inspector and two other policemen reportedly transferred Mr. Kramer to another room and told him to lie down. He was then beaten on the soles of his feet and all over his body with a leather belt and wooden poles for two hours. At 2 am on May 29th 2002, the OIC, who was reportedly drunk at the time, threatened Mr. Kramer by tightening a leather belt around his neck and said “Tell the truth, or you will be killed”.
According to the information received, at about 9:45 on May 30th 2002, Mr. Kramer was released by the police, without any charge having been filed against him. One June 3rd 2002, Mr. Kramer reportedly went to Weralabadda Police Station to file a complaint. The statement was taken by Police Officer Perera. Mr. Kramer was held at the station overnight, and on June 4th at 10.00 am he was questioned by the police station’s OIC. At 5.00 pm, the OIC declared that Mr. Kramer was no longer suspected of burglary, following which he was released.
According to the information received, Mr. Kramer is still suffering from the effects of torture he was subjected to: he cannot walk properly due to the beatings on the soles of his feet and he suffers from chest pains. Mr. Kramer has gone to a private hospital where he is currently undergoing medical treatment. Mr. Kramer has reportedly filed complaints to the Chief of Justice and other authorities.
The International Secretariat of OMCT is deeply concerned by the Sri Lankan authorities arbitrary arrest of Mr. Eric Antunia Kramer and subsequent use of torture upon him while he was in detention. OMCT fears that the perpetrators of these human rights violations will continue to enjoy impunity and that Mr. Kramer will not be granted adequate reparation for the injuries inflicted upon him. OMCT condemns the Sri Lankan authorities’ use of arbitrary arrests and torture as a means of investigating cases and obtaining information, in addition to the fact that all too frequently these acts are based on information given by unreliable sources and mere suspicions. 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 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 Mr. Eric Antunia Kramer, including appropriate medical assistance;
· 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 4th, 2002
Kindly inform us of any action undertaken quoting the code of this appeal in your reply.