Sri Lanka
27.10.03
Urgent Interventions
Sri Lanka: release of torture victim Michael Anthony Fernando
Case LKA 180203.2
Arbitrary detention / Torture / Release
The International Secretariat of OMCT has received new information regarding the following situation in Sri Lanka.
New information
The International Secretariat of OMCT has been informed by the Asian Human Rights Commission (AHRC), a member of the OMCT network, of the release of trade unionist and torture victim Michael Anthony Fernando, in Sri Lanka.
According to the information received, on October 17th, 2003, Michael Anthony Fernando was released from prison. Mr. Fernando had received a one-year prison sentence for contempt of court on February 6th, 2003, after an unfair trial before the Supreme Court. He was subjected to severe torture and abuse while in detention.
Remarks
The International Secretariat of OMCT welcomes the release of Mr. Fernando and wishes to thank the individuals and institutions that intervened on his behalf and contributed to his release.
Brief reminder of the situation
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, Mr. Fernando 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. 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.
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.
Geneva, October 21st, 2003
Arbitrary detention / Torture / Release
The International Secretariat of OMCT has received new information regarding the following situation in Sri Lanka.
New information
The International Secretariat of OMCT has been informed by the Asian Human Rights Commission (AHRC), a member of the OMCT network, of the release of trade unionist and torture victim Michael Anthony Fernando, in Sri Lanka.
According to the information received, on October 17th, 2003, Michael Anthony Fernando was released from prison. Mr. Fernando had received a one-year prison sentence for contempt of court on February 6th, 2003, after an unfair trial before the Supreme Court. He was subjected to severe torture and abuse while in detention.
Remarks
The International Secretariat of OMCT welcomes the release of Mr. Fernando and wishes to thank the individuals and institutions that intervened on his behalf and contributed to his release.
Brief reminder of the situation
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, Mr. Fernando 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. 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.
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.
Geneva, October 21st, 2003