Sri Lanka
22.11.02
Urgent Interventions

Sri Lanka: Ms. A.M. Kusumawathie tortured and ill treated by police

Case LKA 221102
Violence against Women
Torture and ill treatment

The International Secretariat of OMCT has received information on the following situation in Sri Lanka.

Brief description of the Situation

The International Secretariat of the World Organisation Against Torture (OMCT) is deeply concerned by the torture and ill treatment of Ms. A.M. Kusumawathie by police officers at the Aluthgama police station.

According to information received from the Asian Human Rights Commission, on 22 October 2002, police raided several gambling operations but the gamblers successfully fled the scene. Ms. Kusumawathie was visiting a house nearby the raid and was stopped by the police. They asked her to identify the gamblers and she denied knowledge of their identities, at which point the Sub-Inspector, Mr. Nishantha, severely beat her hand and her back with a club. The police then stole her handbag, which had 4,800 Rupees in it (about U.S.$500).

Ms. Kusumawathie and four other women were arrested and taken to the Beruwela police station. Ms. Kusumawathie was subsequently brought to the hospital to be treated for her injuries. There the doctor bandaged her hand and recommended that she be taken to the Base Hospital in Nagoda, but the police refused to bring her there. Furthermore, all five women were denied food and water throughout the night. On the following day, the police removed the bandage from Ms. Kusumawathie’s hand and took her and the four other woman to appear in court, on the charge of gambling. The court ordered that the women be released on bail.

Although Ms. Kusumawathie complained to the Assistant Superintendent’s office at Kalutara, no action has been taken thus far.

On 25 October, due to severe pain in her hand, Ms. Kusumawathie went to the base hospital in Nagoda, Kalutara. The doctors told her that the bones in her hand had been fractured and that she needed surgery. She was discharged from the hospital two days after the surgery but was readmitted on 14 November and continues to receive treatment for her injuries.

OMCT would like to recall that Sri Lanka is a State Party to international human rights instruments which prohibit and punish violence against women including the Convention Against Torture and the International Covenant on Civil and Political Rights. Sri Lanka is also party to the Convention on the Elimination of All Forms of Discrimination Against Women, which prohibits all forms of violence and discrimination against women.

OMCT is deeply concerned by the fact that other, similar cases of police violence have not been effectively investigated and that there is a prevailing climate of impunity for violence against women in the country.

Action requested

Please write to the Sri Lankan authorities urging them to:

i. guarantee the physical and psychological integrity of Ms. A.M. Kusumawathie and the other women arrested on 22 October 2002;

ii. conduct an independent inquiry into the events surrounding the arrest and apply the appropriate criminal, civil or administrative sanctions to any persons found to have engaged in acts of torture or ill-treatment;

iii. ensure that Ms. Kusumawathie receives adequate compensation for the injuries she has suffered;

iv. guarantee women their human rights, including their right to be free from discrimination and their right to be free from torture and inhuman and degrading treatment or punishment;

v. ensure in all circumstances the full respect for human rights and fundamental freedoms in accordance with national and international standards.


Addresses:

Honorable Prime Minister, Mr. Ranil Wickremasinghe, Cambridge Place, Colombo 7, Sri Lanka
Fax: +94 1 682905, Email: secpm@sltnet.lk or bradmanw@slt.lk

Hon. Mr. K.C. Kamalasabesan, Attorney General, Attorney - General's Department, Colombo 12
Sri Lanka, Fax: +94 1 436 421, Email: attorney@sri.lanka.net or counsel@sri.lanka.net

Mr. T. E. Anandrajah, Inspector General of Police (IGP), New Secretariat, Colombo 1, Sri Lanka, Fax: +94 1 446174


The Embassy of Sri Lanka in your respective countries.


Geneva, 22 November 2002

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