Sri Lanka
18.02.03
Urgent Interventions
Sri Lanka: the unfair trial and subsequent torture of Michael Anthony Fernando
LKA 180203
Unfair trial / Arbitrary detention / Torture
The International Secretariat of the OMCT requests your URGENT intervention in the following situation in Sri Lanka.
Brief description of the situation
The International Secretariat of the OMCT has been informed by the Asian Human Rights Commission, a member of the OMCT network, of the unfair trial and subsequent torture of Michael Anthony Fernando in Sri Lanka.
According to information received, Michael Anthony Fernando was brutally assaulted while being held in prison, on February 17th, 2003. Mr. Fernando reportedly sustained severe injuries, including a fractured spinal cord, as a result of this attack. There are fears that Mr. Fernando may die as a result of these very serious injuries. It is reported that he also suffers from chronic heart problems and epileptic fits. He was taken to National Hospital in Colombo following the attack, where he is reportedly in a serious condition. According to the information received, the police officers that are guarding him, as well as a prison guard identified as Alwis, have denied visitation rights to his wife and two Catholic chaplains who came to comfort him.
According to the information received, Mr. Fernando petitioned the Supreme Court of Sri Lanka concerning a fundamental human rights application. On February 6th, 2003, the Supreme Court reportedly held him in contempt of court and sentenced him to one year of imprisonment, in what OMCT’s sources affirm was an unfair trial. The verdict of the Supreme Court has raised concern and protest as Chief Justice Sarath N. Silva, against whom the application was made, was the presiding judge who handed down this decision. Such cases are reportedly usually heard by a different judge from the one against whom the claim has been directed. Further to this, the standard procedure of allowing the accused time to get legal advice and representation was not followed, and Mr. Fernando had no right of appeal.
The International Secretariat of the OMCT is gravely concerned for Mr. Fernando’s physical and psychological integrity and urges the Sri Lankan authorities to immediately grant him the medical assistance necessary to guarantee his health. OMCT condemns in the strongest possible terms the attack to which Mr. Fernando was subjected while he was in detention, which has resulted in the afore-mentioned life-threatening injuries. Further to this, OMCT is also concerned that Mr. Fernando has not been granted access to family visits or to the chaplains that have attempted to visit him. Finally, OMCT wishes to denounce the apparent lack of independence of the judiciary and fears that, as a result of this, the perpetrators of these violations will continue to enjoy impunity.
Action requested
Please write to the authorities in Sri Lanka urging them to
i. take all necessary measures to guarantee Mr. Fernando’s physical and psychological integrity and provide him with appropriate medical treatment as a matter of urgency;
ii. ensure that his family and members of the religious community are granted immediate and full access to Mr. Fernando;
iii. 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;
iv. order a thorough and impartial investigation into the circumstances of these events, notably the alleged violations of Mr. Fernando’s procedural rights by the Supreme Court and the physical attack to which he was subjected in detention, in order to identify those responsible, bring them to trial and apply the penal and/or administrative sanctions as provided by law;
v. guarantee adequate reparation to Mr. Fernando;
vi. guarantee the respect of human rights and the fundamental freedoms throughout the country in accordance with international human rights law and 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, February 18th, 2003
Kindly inform us of any action undertaken quoting the code of this appeal in your reply.
Unfair trial / Arbitrary detention / Torture
The International Secretariat of the OMCT requests your URGENT intervention in the following situation in Sri Lanka.
Brief description of the situation
The International Secretariat of the OMCT has been informed by the Asian Human Rights Commission, a member of the OMCT network, of the unfair trial and subsequent torture of Michael Anthony Fernando in Sri Lanka.
According to information received, Michael Anthony Fernando was brutally assaulted while being held in prison, on February 17th, 2003. Mr. Fernando reportedly sustained severe injuries, including a fractured spinal cord, as a result of this attack. There are fears that Mr. Fernando may die as a result of these very serious injuries. It is reported that he also suffers from chronic heart problems and epileptic fits. He was taken to National Hospital in Colombo following the attack, where he is reportedly in a serious condition. According to the information received, the police officers that are guarding him, as well as a prison guard identified as Alwis, have denied visitation rights to his wife and two Catholic chaplains who came to comfort him.
According to the information received, Mr. Fernando petitioned the Supreme Court of Sri Lanka concerning a fundamental human rights application. On February 6th, 2003, the Supreme Court reportedly held him in contempt of court and sentenced him to one year of imprisonment, in what OMCT’s sources affirm was an unfair trial. The verdict of the Supreme Court has raised concern and protest as Chief Justice Sarath N. Silva, against whom the application was made, was the presiding judge who handed down this decision. Such cases are reportedly usually heard by a different judge from the one against whom the claim has been directed. Further to this, the standard procedure of allowing the accused time to get legal advice and representation was not followed, and Mr. Fernando had no right of appeal.
The International Secretariat of the OMCT is gravely concerned for Mr. Fernando’s physical and psychological integrity and urges the Sri Lankan authorities to immediately grant him the medical assistance necessary to guarantee his health. OMCT condemns in the strongest possible terms the attack to which Mr. Fernando was subjected while he was in detention, which has resulted in the afore-mentioned life-threatening injuries. Further to this, OMCT is also concerned that Mr. Fernando has not been granted access to family visits or to the chaplains that have attempted to visit him. Finally, OMCT wishes to denounce the apparent lack of independence of the judiciary and fears that, as a result of this, the perpetrators of these violations will continue to enjoy impunity.
Action requested
Please write to the authorities in Sri Lanka urging them to
i. take all necessary measures to guarantee Mr. Fernando’s physical and psychological integrity and provide him with appropriate medical treatment as a matter of urgency;
ii. ensure that his family and members of the religious community are granted immediate and full access to Mr. Fernando;
iii. 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;
iv. order a thorough and impartial investigation into the circumstances of these events, notably the alleged violations of Mr. Fernando’s procedural rights by the Supreme Court and the physical attack to which he was subjected in detention, in order to identify those responsible, bring them to trial and apply the penal and/or administrative sanctions as provided by law;
v. guarantee adequate reparation to Mr. Fernando;
vi. guarantee the respect of human rights and the fundamental freedoms throughout the country in accordance with international human rights law and 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, February 18th, 2003
Kindly inform us of any action undertaken quoting the code of this appeal in your reply.