Sri Lanka
08.04.03
Urgent Interventions
Sri Lanka: Supreme Court awards highest recorded compensation to torture victim
Case LKA 170602.1
Follow-up of Case LKA 170602
Arbitrary arrests and detention / Torture / Reparation / Impunity
Geneva, April 8th, 2003
The International Secretariat of OMCT has received new information concerning the following situation in Sri Lanka.
New information
The International Secretariat of the OMCT has been informed by the Asian Human Rights Commission, a member of the OMCT network, of the Sri Lankan Supreme Court’s decision to award torture victim Mr. Gerald Perera the highest recorded compensation.
According to the information received, on April 4th, 2003, Mr. Gerald Perera was awarded a settlement of 800,000 Rupees as well as full medical costs as a result of the torture to which he had been subjected by police officers from the Wattala police station on June 3rd, 2002. According to our sources, Mr. Perera’s medical costs exceeded 800,000 Rupees, meaning that the coverage of his medical costs plus the 800,000 Rupees award is a significant compensatory sum. It is reported that in his decision Justice Mark Fernando found that the police officers that tortured Mr. Perera had breached Articles 18.1 and 18.2 and Article 11 of the Sri Lankan Constitution, which outlaw illegal arrest and detention and torture respectively. According to the information received, the Officer in Charge of the Wattala Police Station, Sena Suraweera, was found guilty even though he had no direct part in the torture, because the torture occurred with his knowledge and acquiescence.
The International Secretariat of OMCT welcomes the Supreme Court’s decision to award this level of reparation to Mr. Perera for the torture to which he was subjected and feels that this represents a landmark in the fight against torture in Sri Lanka. OMCT wishes to take this opportunity to thank all persons and institutions that intervened on behalf of Mr. Perera. OMCT urges the Sri Lankan National Police Commission to ensure that the officers that are found to be responsible for these acts of torture are immediately dismissed from active duty. OMCT also calls upon the Sri Lankan Attorney General to prosecute these officers under Article No. 22 of 1994, in order for justice to be fully served.
Background information
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 was then placed on a life support system, with his family having been informed that he may not survive. It was reportedly feared that the Sri Lankan authorities may halt Mr. Perera’s use of the life support system, as the running costs were very high.
Action requested
Please write to the authorities in Sri Lanka in order to:
· welcome the decision to award Mr. Perera compensation for the injuries that he sustained as a result of the torture to which he was subjected by police officers at the Wattala police station on June 3rd, 2002;
and urging them to:
· ensure that Mr. Perera be granted appropriate and continuing medical assistance for his injuries;
· ensure that those found responsible for the acts of torture against Mr. Perera are immediately dismissed from active duty, brought to trial and are handed the appropriate sanctions as provided for by law;
· 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: + 94 1 333703, E-mail: for_min@sri.lanka.net
· Hon. Prime Minister Ranil Wickremasinghe, Cambridge Place, Colombo 7, Sri Lanka. Fax: + 94 1575 454/1 682905. E-mail: secpm@sltnet.lk, bradmanw@slt.lk
· Hon. Mr. K. C. Kamalasabesan, Attorney General, Attorney General's Department, Colombo 12, Sri Lanka. Fax: + 94 1 436-421, E-mail: attorney@sri.lanka.net or counsel@sri.lanka.net
· Honourable Minister for Justice and Constitutional Affairs, 37, Kirula Place, Colombo 5. Sri Lanka. Fax: + 94 1 437680
· Honourable Minister of Interior John Amaratunga, Colombo, Fax: + 94 1387 526, + 94 1698 282
· Inspector General of Police, Mr. T. E. Anandarajah, New Secretariat, Colombo 1, Sri Lanka, Fax: 0094 1 446174
· Mr. Ranjith Abeysuriya PC, Chairman, National Police Commission, 10 A, Flower Road, Colombo 7, Sri Lanka
Please also write to the embassies of Sri Lanka in your respective country.
Geneva, April 8th, 2003
Kindly inform us of any action undertaken quoting the code of this appeal in your reply.
Follow-up of Case LKA 170602
Arbitrary arrests and detention / Torture / Reparation / Impunity
Geneva, April 8th, 2003
The International Secretariat of OMCT has received new information concerning the following situation in Sri Lanka.
New information
The International Secretariat of the OMCT has been informed by the Asian Human Rights Commission, a member of the OMCT network, of the Sri Lankan Supreme Court’s decision to award torture victim Mr. Gerald Perera the highest recorded compensation.
According to the information received, on April 4th, 2003, Mr. Gerald Perera was awarded a settlement of 800,000 Rupees as well as full medical costs as a result of the torture to which he had been subjected by police officers from the Wattala police station on June 3rd, 2002. According to our sources, Mr. Perera’s medical costs exceeded 800,000 Rupees, meaning that the coverage of his medical costs plus the 800,000 Rupees award is a significant compensatory sum. It is reported that in his decision Justice Mark Fernando found that the police officers that tortured Mr. Perera had breached Articles 18.1 and 18.2 and Article 11 of the Sri Lankan Constitution, which outlaw illegal arrest and detention and torture respectively. According to the information received, the Officer in Charge of the Wattala Police Station, Sena Suraweera, was found guilty even though he had no direct part in the torture, because the torture occurred with his knowledge and acquiescence.
The International Secretariat of OMCT welcomes the Supreme Court’s decision to award this level of reparation to Mr. Perera for the torture to which he was subjected and feels that this represents a landmark in the fight against torture in Sri Lanka. OMCT wishes to take this opportunity to thank all persons and institutions that intervened on behalf of Mr. Perera. OMCT urges the Sri Lankan National Police Commission to ensure that the officers that are found to be responsible for these acts of torture are immediately dismissed from active duty. OMCT also calls upon the Sri Lankan Attorney General to prosecute these officers under Article No. 22 of 1994, in order for justice to be fully served.
Background information
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 was then placed on a life support system, with his family having been informed that he may not survive. It was reportedly feared that the Sri Lankan authorities may halt Mr. Perera’s use of the life support system, as the running costs were very high.
Action requested
Please write to the authorities in Sri Lanka in order to:
· welcome the decision to award Mr. Perera compensation for the injuries that he sustained as a result of the torture to which he was subjected by police officers at the Wattala police station on June 3rd, 2002;
and urging them to:
· ensure that Mr. Perera be granted appropriate and continuing medical assistance for his injuries;
· ensure that those found responsible for the acts of torture against Mr. Perera are immediately dismissed from active duty, brought to trial and are handed the appropriate sanctions as provided for by law;
· 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: + 94 1 333703, E-mail: for_min@sri.lanka.net
· Hon. Prime Minister Ranil Wickremasinghe, Cambridge Place, Colombo 7, Sri Lanka. Fax: + 94 1575 454/1 682905. E-mail: secpm@sltnet.lk, bradmanw@slt.lk
· Hon. Mr. K. C. Kamalasabesan, Attorney General, Attorney General's Department, Colombo 12, Sri Lanka. Fax: + 94 1 436-421, E-mail: attorney@sri.lanka.net or counsel@sri.lanka.net
· Honourable Minister for Justice and Constitutional Affairs, 37, Kirula Place, Colombo 5. Sri Lanka. Fax: + 94 1 437680
· Honourable Minister of Interior John Amaratunga, Colombo, Fax: + 94 1387 526, + 94 1698 282
· Inspector General of Police, Mr. T. E. Anandarajah, New Secretariat, Colombo 1, Sri Lanka, Fax: 0094 1 446174
· Mr. Ranjith Abeysuriya PC, Chairman, National Police Commission, 10 A, Flower Road, Colombo 7, Sri Lanka
Please also write to the embassies of Sri Lanka in your respective country.
Geneva, April 8th, 2003
Kindly inform us of any action undertaken quoting the code of this appeal in your reply.