Sri Lanka
15.01.04
Urgent Interventions
Sri Lanka: severe beatings of two persons by the police
Case LKA 130104
Ill-treatment / Violation of personal integrity / Impunity
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 beating of two persons in separate incidents by members of the police in Sri Lanka.
According to the information received, in the first case, Mr. Tennakoon Mudiyanselage Gunesekera (a 39 year-old waiter) was reportedly severely beaten near the Chandrasena Hotel, close to the bus stand in Mahiyanganaya, by six policemen from the Mahiyanganaya Police Station on December 31st, 2003. Four of the perpetrators have been named as Nihal, Sumana Bandara, Herath and Kapila, with the other two person's names remaining unknown.
At around 10:30 p.m., six drunk policemen attached to the Mahiyanganaya Police Station came to look for a policemen's bicycle parked near the hotel. When they could not find the bicycle, they woke up Mr. Tennakoon Mudiyanselage Gunesekera and questioned him about it. When he could not answer, they reportedly surrounded the victim and severely assaulted him with wooden bats. When he fell to the ground, the policemen trampled the victim. As a result, he has developed difficulties in breathing.
The following evening (January 1st, 2004), the victim's wife, Ms. Indra Dasanayake, found her husband on the ground of the market premises. Ms. Indra Dasanayake went to the Mahiyanganaya Police Station and tried to lodge a complaint about the incident. The police tried to bribe her into keeping queit about the incident, offering her Rs 500 (around 6.5 US $) and refused to receive her complaint. In Sri Lanka, victims of police abuse have to make complaints to the police station where the perpetrators are working. In such situations, the victims cannot expect fair investigations. Often they are even threatened by the perpetrators at the police station.
Mr. Tennakoon Mudiyanselage Gunesekera was hospitalised in a hospital at Mahiyagama and his statement about the incident was recorded by policemen at the request of the District Medical Officer (DMO). He still finds it difficult to breathe and has sustained damage to the ribs.
In the second case, Mr. D.G. Premathilaka was reportedly severely beaten by the police on January 8th, 2004, allegedly because he gave up his illegal liquor business. In the past the AHRC has reported several cases in which former illicit liquor sellers, who have given up their businesses, have been punished by police officers. Such illicit liquor businesses are often beneficial to the police officers as they receive bribes from those running the operations.
According to the information received, at round 8:30 p.m. on January 8th, 2004, D.G. Premathilaka and his wife, Mrs. Ranjani, went to the village shops. On the way, someone reportedly shouted to D.G. Premathilaka, "it's you who we are searching for!" and some people started to assault him. The person hit the victim's head and face severely then pulled him into a white van and drove away.
The next morning, on January 9th, 2004, the Katugastota police called the victim's wife saying that her husband had been taken to the Katugastota Police Station. She sent her brother to the police station, and, upon arrival, he saw that D.G. Premathilaka was lying on the floor and was unable to stand in his cell. After signing a paper, he took the victim back to his home. According to D.G. Premathilaka’s statement, policemen from the Katugastota Police Station severely assaulted him on the street and then took him to the police station where he was further assaulted by members of the police.
On the same afternoon, the family took the victim to the Kandy Public Hospital, where he was hospitalised. However, at around 1:30 p.m. the next day, the Kandy Public Hospital forcibly discharged the victim, saying that he had no serious injuries, even though he complained of having a severe headache and was unable to move his neck. There were also some wounds on his legs and arms. After being discharged, he was admitted to the Peradeniya Hospital.
The victim stated that, while he had previously been involved in illegal liquor sales, he was no longer involved and that this was most likely the cause of his being subjected to the afore-mentioned beatings. The police reportedly fabricated charges against him after he gave up the illegal liquor business. The victim said that he had been produced before the Kandy Magistrate Court and the police were angry with him because he pleaded innocent to the fabricated charges.
The International Secretariat of OMCT is gravely concerned by these two separate reports of violent beatings and the apparent impunity for the perpetrators of these acts. OMCT remains concerned for the physical and psychological integrity of Mr. Tennakoon Mudiyanselage Gunesekera and D.G. Premathilaka, given that they have not received appropriate medical attention for the injuries sustained during the beatings. OMCT calls on the Sri Lankan authorities to guarantee their personal integrity at all times including the provision of adequate medical assistance; to launch immediate and impartial investigations in order to identify the perpetrators to justice; and to award adequate reparation to the victims of these abuses.
Action requested
Please write to the authorities in Sri Lanka urging them to:
i. take all measures necessary to guarantee the physical and psychological integrity of Mr. Tennakoon Mudiyanselage Gunesekera and Mr. D.G. Premathilaka;
ii. intervene with the proper authorities to ensure that they are provided with adequate medical assistance as a matter of urgency;
iii. order a thorough and impartial investigation into the circumstances of these events, notably the allegations of severe beatings, in order to identify those responsible, bring them to trial and apply the penal and/or administrative sanctions as provided by law;
iv. guarantee that adequate reparation is provided to the victims of these abuses;
v. guarantee the respect of human rights and the fundamental freedoms throughout the country in accordance with national laws and international human rights standards.
Addresses
· The Hon Ranil Wickremasinghe, Prime Minister, Prime Minister's Office, 58 Flower Road, Colombo 7, Sri Lanka, Fax: +94 11 2 682905 / 575454, E-mail: secpm@sltnet.lk or bradmanw@slt.lk
· Attorney General, Hon. K.C. Kamalasabesan, Attorney General's Department, Colombo 12, Sri Lanka, Fax: +94 1 436 421, E-mail: 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, +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, January 13th, 2004
Kindly inform us of any action undertaken quoting the code of this appeal in your reply.
Ill-treatment / Violation of personal integrity / Impunity
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 beating of two persons in separate incidents by members of the police in Sri Lanka.
According to the information received, in the first case, Mr. Tennakoon Mudiyanselage Gunesekera (a 39 year-old waiter) was reportedly severely beaten near the Chandrasena Hotel, close to the bus stand in Mahiyanganaya, by six policemen from the Mahiyanganaya Police Station on December 31st, 2003. Four of the perpetrators have been named as Nihal, Sumana Bandara, Herath and Kapila, with the other two person's names remaining unknown.
At around 10:30 p.m., six drunk policemen attached to the Mahiyanganaya Police Station came to look for a policemen's bicycle parked near the hotel. When they could not find the bicycle, they woke up Mr. Tennakoon Mudiyanselage Gunesekera and questioned him about it. When he could not answer, they reportedly surrounded the victim and severely assaulted him with wooden bats. When he fell to the ground, the policemen trampled the victim. As a result, he has developed difficulties in breathing.
The following evening (January 1st, 2004), the victim's wife, Ms. Indra Dasanayake, found her husband on the ground of the market premises. Ms. Indra Dasanayake went to the Mahiyanganaya Police Station and tried to lodge a complaint about the incident. The police tried to bribe her into keeping queit about the incident, offering her Rs 500 (around 6.5 US $) and refused to receive her complaint. In Sri Lanka, victims of police abuse have to make complaints to the police station where the perpetrators are working. In such situations, the victims cannot expect fair investigations. Often they are even threatened by the perpetrators at the police station.
Mr. Tennakoon Mudiyanselage Gunesekera was hospitalised in a hospital at Mahiyagama and his statement about the incident was recorded by policemen at the request of the District Medical Officer (DMO). He still finds it difficult to breathe and has sustained damage to the ribs.
In the second case, Mr. D.G. Premathilaka was reportedly severely beaten by the police on January 8th, 2004, allegedly because he gave up his illegal liquor business. In the past the AHRC has reported several cases in which former illicit liquor sellers, who have given up their businesses, have been punished by police officers. Such illicit liquor businesses are often beneficial to the police officers as they receive bribes from those running the operations.
According to the information received, at round 8:30 p.m. on January 8th, 2004, D.G. Premathilaka and his wife, Mrs. Ranjani, went to the village shops. On the way, someone reportedly shouted to D.G. Premathilaka, "it's you who we are searching for!" and some people started to assault him. The person hit the victim's head and face severely then pulled him into a white van and drove away.
The next morning, on January 9th, 2004, the Katugastota police called the victim's wife saying that her husband had been taken to the Katugastota Police Station. She sent her brother to the police station, and, upon arrival, he saw that D.G. Premathilaka was lying on the floor and was unable to stand in his cell. After signing a paper, he took the victim back to his home. According to D.G. Premathilaka’s statement, policemen from the Katugastota Police Station severely assaulted him on the street and then took him to the police station where he was further assaulted by members of the police.
On the same afternoon, the family took the victim to the Kandy Public Hospital, where he was hospitalised. However, at around 1:30 p.m. the next day, the Kandy Public Hospital forcibly discharged the victim, saying that he had no serious injuries, even though he complained of having a severe headache and was unable to move his neck. There were also some wounds on his legs and arms. After being discharged, he was admitted to the Peradeniya Hospital.
The victim stated that, while he had previously been involved in illegal liquor sales, he was no longer involved and that this was most likely the cause of his being subjected to the afore-mentioned beatings. The police reportedly fabricated charges against him after he gave up the illegal liquor business. The victim said that he had been produced before the Kandy Magistrate Court and the police were angry with him because he pleaded innocent to the fabricated charges.
The International Secretariat of OMCT is gravely concerned by these two separate reports of violent beatings and the apparent impunity for the perpetrators of these acts. OMCT remains concerned for the physical and psychological integrity of Mr. Tennakoon Mudiyanselage Gunesekera and D.G. Premathilaka, given that they have not received appropriate medical attention for the injuries sustained during the beatings. OMCT calls on the Sri Lankan authorities to guarantee their personal integrity at all times including the provision of adequate medical assistance; to launch immediate and impartial investigations in order to identify the perpetrators to justice; and to award adequate reparation to the victims of these abuses.
Action requested
Please write to the authorities in Sri Lanka urging them to:
i. take all measures necessary to guarantee the physical and psychological integrity of Mr. Tennakoon Mudiyanselage Gunesekera and Mr. D.G. Premathilaka;
ii. intervene with the proper authorities to ensure that they are provided with adequate medical assistance as a matter of urgency;
iii. order a thorough and impartial investigation into the circumstances of these events, notably the allegations of severe beatings, in order to identify those responsible, bring them to trial and apply the penal and/or administrative sanctions as provided by law;
iv. guarantee that adequate reparation is provided to the victims of these abuses;
v. guarantee the respect of human rights and the fundamental freedoms throughout the country in accordance with national laws and international human rights standards.
Addresses
· The Hon Ranil Wickremasinghe, Prime Minister, Prime Minister's Office, 58 Flower Road, Colombo 7, Sri Lanka, Fax: +94 11 2 682905 / 575454, E-mail: secpm@sltnet.lk or bradmanw@slt.lk
· Attorney General, Hon. K.C. Kamalasabesan, Attorney General's Department, Colombo 12, Sri Lanka, Fax: +94 1 436 421, E-mail: 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, +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, January 13th, 2004
Kindly inform us of any action undertaken quoting the code of this appeal in your reply.