Sri Lanka
09.01.03
Urgent Interventions

Sri Lanka: the arrest and subsequent disappearance of 23-year old Mr. Koralagamage

Case LKA 090103
Incommunicado detention / Disappearance / Risk of torture / Threats and harassment / 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 a Asian Human Rights Commission (AHRC), a member of the OMCT network, of the arrest and subsequent disappearance of 23-year old Mr. Koralagamage in Sri Lanka.

According to the information received, 23-year old Sujith Dharmasiri KORALAGAMAGE, who is unmarried and deserted the army on grounds of serious health problems, was arrested on January 1st, 2003 by Police Inspector Pragathi Lakmina ABEYSINGHE and several other police officers attached to the crime section of the Kaluthara South Police Station, while he was attending a funeral. He was kept illegally in police custody for a week until January 8th, 2003.

A number of people reportedly submitted a petition to the D.I.G. of Kaluthara south on January 7th, protesting about the illegal arrest and detention, but no action has yet been taken. Mr. Koralagamage's mother, who went to the police station daily from January 2nd, was only allowed to see him only on January 7th. At every visit, his mother was also verbally abused by the police officers and was chased away.

A complaint was made to the National Human Rights Commission (NHRC). However, so far no effective intervention has been made. Mr. Koralagamage's mother was reportedly threatened by a police officer on the January 8th, saying that "try if you can, to get him out by complaining to the NHRC. We will see that he will not get the bail."

According to the information received, Mr. Koralagamage was found to be missing from the police station when his family again attempted to see him on January 9th, 2003. His family is now trying to establish his whereabouts and are deeply worried by his disappearance.

The International Secretariat of OMCT is gravely concerned for Mr. Koralagamage's personal integrity, given that his whereabouts are not currently known and that there are serious concerns that he may be being subjected to torture and risks being killed by the Kaluthara south police. It is worth noting that OMCT has recently launched several urgent appeals concerning torture or risks of torture in Sri Lanka, where the practice is widespread and where impunity continues to accompany these acts, despite the recent establishment of the Sri Lankan National Police Commission. The Commission was established by constitutional amendment, in order to fill the institutional gap that has so far frustrated public grievances against the police. OMCT therefore calls on the authorities to guarantee Mr. Koralagamage's physical and psychological integrity, immediately locate his whereabouts and release him in the absence of valid legal charges. Furthermore, OMCT requests that the authorities launch a prompt and impartial investigation into these events and take legal and disciplinary action against the perpetrators, in line with Sri Lanka's obligations under international law.

Action requested

Please write to the authorities in Sri Lanka urging them to:

i. take all necessary measures to guarantee Mr. Koralagamage's physical and psychological integrity;
ii. immediately locate his whereabouts;
iii. intervene with the appropriate authorities in order to secure that he be allowed to meet with he relatives and a lawyer;
iv. order his immediate release in the absence of valid legal charges or, if such charges exist, bring him before an impartial and competent tribunal and guarantee his procedural rights at all times;
v. guarantee an immediate investigation into the circumstances of these events, identify those responsible, bring them before a civil competent and impartial tribunal and apply the penal, civil and/or administrative sanctions provided by law;
vi. guarantee the respect of human rights and the fundamental freedoms throughout the country in accordance with 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, January 9, 2003
Kindly inform us of any action undertaken quoting the code of this appeal in your reply.