Sri Lanka
17.06.02
Urgent Interventions

Sri Lanka: Mr. Perera, who was subjected to torture at Wattala Police Station, is now on life support

Case LKA 170602
Arbitrary arrests and detention / Torture

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 that on June 3rd, 2002, 39-year old Waragodamudalige Gerald Mervin Perera was arbitrarily arrested and subjected to torture while in detention at Wattala Police Station, in Sri Lanka.

According to the information received, Mr. Perera, a father of two, was arrested at 12:45pm on June 3rd, 2002, in the presence of his wife W.P. Padma Wickramaratne, by ten plainclothes police officers from Wattala police station. Mr. Perera was then taken to Wattala Police Station where he was reportedly severely tortured under the supervision of Officer in Charge Sena Suraweera, Sub Inspector Kosala Navaratne, Officer in Charge of Crimes, Sub-Inspector Suresh Gunaratne, Sub-Inspector Weerasinghe, Sub-Inspector Renuka, Police Constable Nalin Jayasinghe, Police Constable Perera and another un-named police officer.

According to the report, the police officers tied Mr. Perera’s hands behind his back, blindfolded him and hung him from a beam, before brutally torturing him for about an hour and a half. During this time, Mr. Perera was reportedly interrogated concerning a murder case he knew nothing about.

According to the information received, Mr. Perera was released on June 4th, 2002. His brother Ranjit Perera, and the Chairman and Vice Chairman of the Pradhesiya Sabha (Provincial Council) visited the police station and spoke to the Officer in Charge. They were told that Mr. Perera had been taken into custody due to false information.

According to the report, Mr. Perera was suffering from pain and was taken to Yakkala Wickramarachchi Ayurvedic Hospital. The doctor who examined him referred Mr. Perera to Navaloka Hospital due to his being in a serious medical condition. While in the Navaloka Hospital, Mr. Perera reportedly gave a statement to an officer from the Grandpass Police Station in Colombo, concerning the torture to which he had been subjected.

According to the information received, Mr. Perera’s condition worsened on June 15th, 2002, and he is now on a life support system, with his family having been informed that he may not survive. It is reportedly feared that the Sri Lankan authorities may halt Mr. Perera’s use of the life support system, as the running costs are very high. The crime committed by the policemen falls under the Act. No. 22 of 1994, which prescribes mandatory 7-year imprisonment for torture by any state officer and if the victim does not survive the crime will be one of murder.

The International Secretariat of OMCT is deeply concerned by the Sri Lankan authorities arbitrary arrests and subsequent use of torture on Waragodamudalige Gerald Mervin Perera while he was in detention, as a result of which he is now in a critical condition. OMCT fears that even though the perpetrators of this attack are known, and that this has been acknowledged as a case of mistaken identity, that they will continue to enjoy impunity. OMCT is also gravely concerned that Mr. Perera will not be granted adequate reparation, as well as appropriate medical assistance, notably the continuing use of the life support system.

Action requested

Please write to the authorities in Sri Lanka urging them to:

· ensure that Mr. Perera be granted appropriate and continuing 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 Mr. Perera, or his family, in the event of his death;
· 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, June 17th, 2002

Kindly inform us of any action undertaken quoting the code of this appeal in your reply.