Sri Lanka
26.07.02
Urgent Interventions
Sri Lanka: the arbitrary arrest, torture and subsequent death of 33-year old Mr. Maldeni Kamkanamlage Piyaratne
Case LKA 270702
Arbitrary arrest and detention / Torture / Death
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, a member of the OMCT network, of the arbitrary arrest, torture and subsequent death of 33-year old Mr. Maldeni Kamkanamlage Piyaratne on July 3rd, 2002, in Peradeniya, Sri Lanka.
According to the information received, Mr. Piyaratne was a scientist specialised in zoology working on a research project conducted by the International Water Management Institute in collaboration with the University of Peradeniya. On June 29th 2002, Mr. Piyaratne fell ill and his wife, Mrs. Nilmina Herat, admitted him to JMO-Kandy Hospital.
According to the report, Mrs. Herat had visited her husband on July 3rd, 2002, and Mr. Piyaratne’s condition had apparently improved. At about 10.30 a.m. later the same day, one of Mr. Piyaratne colleagues, Mr. Ranasinghe, informed Mrs. Herat that he had seen her husband being beaten by the police near the Gatabe Temple. Mr. Ranasinghe had been passing by in a bus when he saw the incident. Mr. Ranasinghe reportedly intervened and informed the police of his and Mr. Piyaratne’s identity and pleaded them to stop beating him. Mr. Piyaratne was reportedly still wearing his hospital gown and medical equipment was still attached to his hand.
The policemen allegedly chased Mr. Ranasinghe away, and took Mr. Piyaratne to Peradeniya Police Station, where he was subjected to further physical abuse. Meanwhile, Mr. Ranasinghe contacted Professor Parakkrama Karunaratne at Peradeniya University in order to have him intervene in Mr. Piyaratne’s case. They arrived at the Police Station 30 minutes after Mr. Piyaratne had been taken there. When they arrived, the police station was reportedly being cleaned to remove the blood that Mr. Piyaratne had lost during the beatings. Mrs. Herat also arrived at the police station and witnessed this cleaning operation. They were then informed by the police that Mr. Piyaratne had been taken to the hospital.
According to the report, Mrs. Herat went to the hospital and found her husband covered in bruises and wounds, notably with visible cuts to his hands and face, and was bleeding from his wounds. The doctors had allegedly tried to give him oxygen, but had been unable to do so, due to the iron cuffs that still bound his hands and feet together. The police allegedly went to get the keys to unlock the iron cuffs, but by the time they came back, Mr. Piyaratne had died.
Mrs. Herat immediately filed a complaint, stating that the Peradeniya police were responsible for her husband’s death. According to the report, it is unknown how Mr. Piyaratne left the hospital soon after his wife’s visit, given his condition, but it is thought that he may have had an injection the effects of which caused mental disorientation, although this remains to be confirmed.
The International Secretariat of OMCT condemns the arbitrary arrest and physical assault Mr. Piyaratne was subjected to and his resulting death. OMCT is also gravely concerned about yet another report of the Sri Lankan Police’s use of arbitrary arrests, detentions and torture. OMCT fears that the perpetrators of these human rights violations will continue to enjoy impunity and that Mr. Piyaratne’s family will not be granted adequate reparation. Furthermore, OMCT recalls that torture is a crime under Act No. 22 of Sri Lanka law with a minimum sentence of 7 years and is a grave violation of human rights. OMCT decries the lack of a functioning system in Sri Lanka for the investigation and prosecution of perpetrators of such human rights violations and the lack of a working mechanism for compensating the victims of these acts.
Action requested
Please write to the authorities in Sri Lanka urging them to:
· order a thorough and impartial investigation, including a forensic investigation, into the circumstances of these events of Mr. Piyaratne’s death, in order to identify those responsible, bring them to trial and apply the penal, civil and/or administrative sanctions as provided by law;
· guarantee adequate reparation to the family of Mr. Piyaratne:
· 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 No 00 94 1 333703, E-mails: for_min@sri.lanka.net
· Prime Minister Honourable Ranil Wickremasinghe, 58 Sir Earnest de Silva Mawatha, Colombo 7. Sri Lanka. Fax No 00 94 1575 454, 0094 16820 905, 0094 1542 919
· Honourable Minister for Justice and Constitutional Affairs, 37, Kirula Place, Colombo 5. Sri Lanka. Fax No 00 94 1 437680
· Honourable Minister of Interior John Amaratunga, Colombo, Fax: 0094 1387 526, 0094 1698 282
· Honourable K.C. Kanalasabesan, Attorney General, Colombo 12, Fax: 0094 1436 421
· Hon. Ambassador, Permanent Mission and Consulate General of Sri Lanka, 56, Rue De Moillebeau, 5th Floor, 1 209, Geneva 19, Switzerland, Fax: (41-22) 734 9084, E-mail: mission.srilanka@itu.ch
· Hon. High-Commissioner, The High Commission of the Democratic Socialist Republic of Sri Lanka 13 Hyde Park Gardens London W2 2LU United Kingdom Fax: 0044 207 262-7970
Please also write to the embassies of Sri Lanka in your respective country.
Geneva, July 26th, 2002
Kindly inform us of any action undertaken quoting the code of this appeal in your reply.
Arbitrary arrest and detention / Torture / Death
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, a member of the OMCT network, of the arbitrary arrest, torture and subsequent death of 33-year old Mr. Maldeni Kamkanamlage Piyaratne on July 3rd, 2002, in Peradeniya, Sri Lanka.
According to the information received, Mr. Piyaratne was a scientist specialised in zoology working on a research project conducted by the International Water Management Institute in collaboration with the University of Peradeniya. On June 29th 2002, Mr. Piyaratne fell ill and his wife, Mrs. Nilmina Herat, admitted him to JMO-Kandy Hospital.
According to the report, Mrs. Herat had visited her husband on July 3rd, 2002, and Mr. Piyaratne’s condition had apparently improved. At about 10.30 a.m. later the same day, one of Mr. Piyaratne colleagues, Mr. Ranasinghe, informed Mrs. Herat that he had seen her husband being beaten by the police near the Gatabe Temple. Mr. Ranasinghe had been passing by in a bus when he saw the incident. Mr. Ranasinghe reportedly intervened and informed the police of his and Mr. Piyaratne’s identity and pleaded them to stop beating him. Mr. Piyaratne was reportedly still wearing his hospital gown and medical equipment was still attached to his hand.
The policemen allegedly chased Mr. Ranasinghe away, and took Mr. Piyaratne to Peradeniya Police Station, where he was subjected to further physical abuse. Meanwhile, Mr. Ranasinghe contacted Professor Parakkrama Karunaratne at Peradeniya University in order to have him intervene in Mr. Piyaratne’s case. They arrived at the Police Station 30 minutes after Mr. Piyaratne had been taken there. When they arrived, the police station was reportedly being cleaned to remove the blood that Mr. Piyaratne had lost during the beatings. Mrs. Herat also arrived at the police station and witnessed this cleaning operation. They were then informed by the police that Mr. Piyaratne had been taken to the hospital.
According to the report, Mrs. Herat went to the hospital and found her husband covered in bruises and wounds, notably with visible cuts to his hands and face, and was bleeding from his wounds. The doctors had allegedly tried to give him oxygen, but had been unable to do so, due to the iron cuffs that still bound his hands and feet together. The police allegedly went to get the keys to unlock the iron cuffs, but by the time they came back, Mr. Piyaratne had died.
Mrs. Herat immediately filed a complaint, stating that the Peradeniya police were responsible for her husband’s death. According to the report, it is unknown how Mr. Piyaratne left the hospital soon after his wife’s visit, given his condition, but it is thought that he may have had an injection the effects of which caused mental disorientation, although this remains to be confirmed.
The International Secretariat of OMCT condemns the arbitrary arrest and physical assault Mr. Piyaratne was subjected to and his resulting death. OMCT is also gravely concerned about yet another report of the Sri Lankan Police’s use of arbitrary arrests, detentions and torture. OMCT fears that the perpetrators of these human rights violations will continue to enjoy impunity and that Mr. Piyaratne’s family will not be granted adequate reparation. Furthermore, OMCT recalls that torture is a crime under Act No. 22 of Sri Lanka law with a minimum sentence of 7 years and is a grave violation of human rights. OMCT decries the lack of a functioning system in Sri Lanka for the investigation and prosecution of perpetrators of such human rights violations and the lack of a working mechanism for compensating the victims of these acts.
Action requested
Please write to the authorities in Sri Lanka urging them to:
· order a thorough and impartial investigation, including a forensic investigation, into the circumstances of these events of Mr. Piyaratne’s death, in order to identify those responsible, bring them to trial and apply the penal, civil and/or administrative sanctions as provided by law;
· guarantee adequate reparation to the family of Mr. Piyaratne:
· 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 No 00 94 1 333703, E-mails: for_min@sri.lanka.net
· Prime Minister Honourable Ranil Wickremasinghe, 58 Sir Earnest de Silva Mawatha, Colombo 7. Sri Lanka. Fax No 00 94 1575 454, 0094 16820 905, 0094 1542 919
· Honourable Minister for Justice and Constitutional Affairs, 37, Kirula Place, Colombo 5. Sri Lanka. Fax No 00 94 1 437680
· Honourable Minister of Interior John Amaratunga, Colombo, Fax: 0094 1387 526, 0094 1698 282
· Honourable K.C. Kanalasabesan, Attorney General, Colombo 12, Fax: 0094 1436 421
· Hon. Ambassador, Permanent Mission and Consulate General of Sri Lanka, 56, Rue De Moillebeau, 5th Floor, 1 209, Geneva 19, Switzerland, Fax: (41-22) 734 9084, E-mail: mission.srilanka@itu.ch
· Hon. High-Commissioner, The High Commission of the Democratic Socialist Republic of Sri Lanka 13 Hyde Park Gardens London W2 2LU United Kingdom Fax: 0044 207 262-7970
Please also write to the embassies of Sri Lanka in your respective country.
Geneva, July 26th, 2002
Kindly inform us of any action undertaken quoting the code of this appeal in your reply.