Sri Lanka
26.04.04
Urgent Interventions
Sri Lanka: severe beating of Mr. Perera and Mr. Peiris
Case LKA 260404
Severe ill treament
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 (AHRC), a member of the OMCT network, of the severe ill treatment of Halnetthige Nelsan Perera and Halnetthige Lenith Nuwan Peiris by members of the police outside of the Pinwatta Cemetery in Sri Lanka.
According to the information received, Halnetthige Nelsan Perera (Perera) and Halnetthige Lenith Nuwan Peiris (Peiris) were initially assaulted by Mr. Wijeratne and Mr. Ajith, both members of the traffic branch of the Panadura Police, on March 13th, 2004 sometime after 8:30 pm. Perera was returning to the Pinwatte Cemetery to light candles for his wife, whose funeral had been held at 5 pm that day. While on their way to the cemetary, they pulled off the road in order to avoid a large vehicle, at which point they were reportedly accosted by police officers in uniform, Officers Wijeratne and Ajith, who were allegedly intoxicated. One of the officers forcibly took the key from the ignition of their vehicle and then Officer Ajith pulled Peiris out of the vehicle by the collar of his shirt and hit him on the ear.
Perera showed the officers the graveyard where his wife had been buried only hours before and said that they had come to pay their respects by lighting some candles, pleading with the officers to let them go. Instead of releasing him, the officers started beating and kicking Peiris. Perera then got out of the vehicle and pleaded with the officers not to beat his friend, at which point they also started beating him. They were reportedly beaten on their faces, chests and hands.
A police vehicle then approached with seven or eight police officers inside, including Officer In Charge (OIC) of the Pinwatta Police Post Kumarajeewa and Police Constable Mr. Rathnayaka of the Pinwatte Police Post. The officers got out of the vehicle and started assaulting both Perera and Peiris with an iron bar, which was 2-2 ½ feet in length and 2 inches in diameter. The OIC then ordered the other officers to beat the victims further. Perera has stated that two of the officers had poles with them and the other five had guns in their possession, all of which were used to assault Perera and Peiris. Perera then started to severely bleed from his head and collapsed to the floor. Peiris was also injured as a result of these beatings, notably his left leg.
Several witnesses told the officers during the assaults that Perera's wife had just died, and they pleaded with them not to assault the victims. Not only did the officers ignore their pleas, but they even attempted to assault the witnesses in return. The officers then threw both men into the police vehicle and drove off. Perera states that when he regained consciousness, he heard Peiris wailing in severe pain. The officers continued their assault in the vehicle although Perera pleaded with them to stop beating them and to take them to a hospital. Peiris and Perera were then brought to the Panadura Police station, but they could barely get out of the vehicle and collapsed in the Police station compound. They were admitted to the Panadura Base Hospital by the same officers at around 9:30 pm. They were examined, given emergency treatment and admitted to ward No. 1. Perera was later transferred to ward No. 24 and Peiris to No. 26.
Perera was discharged on March 15, 2004, with visible marks of injuries on his chest, back, head, face, hands, legs and other body parts to date. According to him, Peiris was admitted to the National Hospital of Sri Lanka (NHSL) for special treatment, ward Nos. 17 and 54, and underwent surgery due to the various fractures he suffered from the assault. Peiris was discharged from the hospital on March 31, 2004 and was issued a Diagnosis Ticket, indicating that there is a compound fracture of left lower limb bone (left Tibial shaft) as a result of the assault.
At no time before or after the assault were the victims charged with any offense, no warrant was produced, and no complaint was filed. Perera has filed a petition with the Sri Lankan Supreme Court which is currently pending. Complaints have also been lodged with the National Human Rights Commission (NHRC), National Police Commission (NPC), Inspector General of Police, Deputy Inspector General of Police (Colombo South), Senior Superintendent of Police (Panadura), Mr. Kithsiri Dayananda and the Assistant Superintendent of Police (Panadura), Mr. Dharmasena. Perera received a letter from the NHRC that an Inquiry had been started in regard to violations of his rights under case No. HRC/1486/04 on March 23rd, 2004. ASP Dharmasena and IP Wijekoon recorded statements from Perera and Peiris on March 14th. OIC Kumarajeewa was transferred with immediate effect from the Pinwatte Police Post.
The International Secretariat of OMCT is gravely concerned by the severr ill treatment to which Mr. Halnetthige Nelsan Perera (Perera) and Mr. Halnetthige Lenith Nuwan Peiris (Peiris) were subjected, and urges the Sri Lankan Government to take the requisite steps to bring the perpetrators to trial and apply the penal and/or administrative sanctions as provided by law, and to provide adequate reparation to the victims of these abuses.
Action requested
Please write to the authorities in Sri Lanka urging them to:
i. ensure that the investigation into the circumstances of these events is thorough and impartial, in order to identify those responsible, bring them to trial and apply the penal and/or administrative sanctions as provided by law;
ii. guarantee that adequate reparation is provided to Halnetthige Nelsan Perera (Perera) and Halnetthige Lenith Nuwan Peiris (Peiris);
iii. guarantee the respect of human rights and the fundamental freedoms throughout the country in accordance with national laws and international human rights standards.
Addresses
· Hon. Mr. Ranil Wickremasinghe, Prime Minister, Cambridge Place, Colombo 7, SRI LANKA, Fax: +94 11 2 682905 / 575454, E-mail: secpm@sltnet.lk
· Hon. Mr. K. C. Kamalasabesan, Attorney General, Attorney General's Department, Colombo 12, SRI LANKA, Fax: +94 11 2 436 421, Email: attorney@sri.lanka.net or counsel@sri.lanka.net
· Mr. Ranjith Abeysuriya PC, Chairman National Police Commission, 69-1 Ward Place, Colombo 7, Sri Lanka, Fax: +94 11 2 669 128 (need to ask to change to fax mode) / 691 926
· Dr. Radhika Coomaraswamy, Director, National Human Rights Commission of Sri Lanka,
· No. 36, Kynsey Road, Colombo 8, SRI LANKA, Fax: +94 11 2 694 924 / 696 470, E-mail: sechrc@sltnet.lk
· Ambassador Prasad Kariyawasam, Rue de Moillebeau 56 (5ème) - CP 436, CH-1211, Genève 19, Suisse, E-mail: mission.srilanka@ties.itu.int, Fax: +4122 734 90 84
Please also write to the embassies of Sri Lanka in your respective country.
Geneva, April 26th, 2004
Kindly inform us of any action undertaken quoting the code of this appeal in your reply.
Severe ill treament
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 (AHRC), a member of the OMCT network, of the severe ill treatment of Halnetthige Nelsan Perera and Halnetthige Lenith Nuwan Peiris by members of the police outside of the Pinwatta Cemetery in Sri Lanka.
According to the information received, Halnetthige Nelsan Perera (Perera) and Halnetthige Lenith Nuwan Peiris (Peiris) were initially assaulted by Mr. Wijeratne and Mr. Ajith, both members of the traffic branch of the Panadura Police, on March 13th, 2004 sometime after 8:30 pm. Perera was returning to the Pinwatte Cemetery to light candles for his wife, whose funeral had been held at 5 pm that day. While on their way to the cemetary, they pulled off the road in order to avoid a large vehicle, at which point they were reportedly accosted by police officers in uniform, Officers Wijeratne and Ajith, who were allegedly intoxicated. One of the officers forcibly took the key from the ignition of their vehicle and then Officer Ajith pulled Peiris out of the vehicle by the collar of his shirt and hit him on the ear.
Perera showed the officers the graveyard where his wife had been buried only hours before and said that they had come to pay their respects by lighting some candles, pleading with the officers to let them go. Instead of releasing him, the officers started beating and kicking Peiris. Perera then got out of the vehicle and pleaded with the officers not to beat his friend, at which point they also started beating him. They were reportedly beaten on their faces, chests and hands.
A police vehicle then approached with seven or eight police officers inside, including Officer In Charge (OIC) of the Pinwatta Police Post Kumarajeewa and Police Constable Mr. Rathnayaka of the Pinwatte Police Post. The officers got out of the vehicle and started assaulting both Perera and Peiris with an iron bar, which was 2-2 ½ feet in length and 2 inches in diameter. The OIC then ordered the other officers to beat the victims further. Perera has stated that two of the officers had poles with them and the other five had guns in their possession, all of which were used to assault Perera and Peiris. Perera then started to severely bleed from his head and collapsed to the floor. Peiris was also injured as a result of these beatings, notably his left leg.
Several witnesses told the officers during the assaults that Perera's wife had just died, and they pleaded with them not to assault the victims. Not only did the officers ignore their pleas, but they even attempted to assault the witnesses in return. The officers then threw both men into the police vehicle and drove off. Perera states that when he regained consciousness, he heard Peiris wailing in severe pain. The officers continued their assault in the vehicle although Perera pleaded with them to stop beating them and to take them to a hospital. Peiris and Perera were then brought to the Panadura Police station, but they could barely get out of the vehicle and collapsed in the Police station compound. They were admitted to the Panadura Base Hospital by the same officers at around 9:30 pm. They were examined, given emergency treatment and admitted to ward No. 1. Perera was later transferred to ward No. 24 and Peiris to No. 26.
Perera was discharged on March 15, 2004, with visible marks of injuries on his chest, back, head, face, hands, legs and other body parts to date. According to him, Peiris was admitted to the National Hospital of Sri Lanka (NHSL) for special treatment, ward Nos. 17 and 54, and underwent surgery due to the various fractures he suffered from the assault. Peiris was discharged from the hospital on March 31, 2004 and was issued a Diagnosis Ticket, indicating that there is a compound fracture of left lower limb bone (left Tibial shaft) as a result of the assault.
At no time before or after the assault were the victims charged with any offense, no warrant was produced, and no complaint was filed. Perera has filed a petition with the Sri Lankan Supreme Court which is currently pending. Complaints have also been lodged with the National Human Rights Commission (NHRC), National Police Commission (NPC), Inspector General of Police, Deputy Inspector General of Police (Colombo South), Senior Superintendent of Police (Panadura), Mr. Kithsiri Dayananda and the Assistant Superintendent of Police (Panadura), Mr. Dharmasena. Perera received a letter from the NHRC that an Inquiry had been started in regard to violations of his rights under case No. HRC/1486/04 on March 23rd, 2004. ASP Dharmasena and IP Wijekoon recorded statements from Perera and Peiris on March 14th. OIC Kumarajeewa was transferred with immediate effect from the Pinwatte Police Post.
The International Secretariat of OMCT is gravely concerned by the severr ill treatment to which Mr. Halnetthige Nelsan Perera (Perera) and Mr. Halnetthige Lenith Nuwan Peiris (Peiris) were subjected, and urges the Sri Lankan Government to take the requisite steps to bring the perpetrators to trial and apply the penal and/or administrative sanctions as provided by law, and to provide adequate reparation to the victims of these abuses.
Action requested
Please write to the authorities in Sri Lanka urging them to:
i. ensure that the investigation into the circumstances of these events is thorough and impartial, in order to identify those responsible, bring them to trial and apply the penal and/or administrative sanctions as provided by law;
ii. guarantee that adequate reparation is provided to Halnetthige Nelsan Perera (Perera) and Halnetthige Lenith Nuwan Peiris (Peiris);
iii. guarantee the respect of human rights and the fundamental freedoms throughout the country in accordance with national laws and international human rights standards.
Addresses
· Hon. Mr. Ranil Wickremasinghe, Prime Minister, Cambridge Place, Colombo 7, SRI LANKA, Fax: +94 11 2 682905 / 575454, E-mail: secpm@sltnet.lk
· Hon. Mr. K. C. Kamalasabesan, Attorney General, Attorney General's Department, Colombo 12, SRI LANKA, Fax: +94 11 2 436 421, Email: attorney@sri.lanka.net or counsel@sri.lanka.net
· Mr. Ranjith Abeysuriya PC, Chairman National Police Commission, 69-1 Ward Place, Colombo 7, Sri Lanka, Fax: +94 11 2 669 128 (need to ask to change to fax mode) / 691 926
· Dr. Radhika Coomaraswamy, Director, National Human Rights Commission of Sri Lanka,
· No. 36, Kynsey Road, Colombo 8, SRI LANKA, Fax: +94 11 2 694 924 / 696 470, E-mail: sechrc@sltnet.lk
· Ambassador Prasad Kariyawasam, Rue de Moillebeau 56 (5ème) - CP 436, CH-1211, Genève 19, Suisse, E-mail: mission.srilanka@ties.itu.int, Fax: +4122 734 90 84
Please also write to the embassies of Sri Lanka in your respective country.
Geneva, April 26th, 2004
Kindly inform us of any action undertaken quoting the code of this appeal in your reply.