Sri Lanka
29.09.04
Urgent Interventions
Sri Lanka:arbitrary arrest and torture of Mr. Heeralu Mohottalalage Punchi Banda
Case LKA 290904
Arbitrary Arrest / Alleged Torture
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 arbitrary arrest and torture of Mr. Heeralu Mohottalalage Punchi Banda (39) on 26 August 2004.
According to the information received, on 26 August 2004 at 4:30 p.m. the victim was dragged out of his house by Sub Inspector Dhammica Bandara and Police Sergeant Mahinda of Samanalaweva Police Post. He was hit violently on the head and kicked all over his body by the Sub Inspector who was accusing him of having caused fatal injuries to a villager using a local trap gun. While being ill-treated, the Sub Inspector questioned him about the place of the gun. Since the victim stated that he is unaware where the location of the gun is, the Sub-Inspector struck his head many times with a wooden pole, then wound a nylon rope around his neck and pulled on the rope until his neck bled. Then the Sub Inspector tied the victim’s hands and took him to the jungle to search for the gun. After a one kilometer walk in the jungle and with the gun not being found, the victim was taken to the Samanalaweva Police Post at 8:30 p.m.
According to the information provided, at the police post the victim was kept handcuffed to a table leg until 6:30 a.m. of the next day (August 27) without being provided medical care. Later in the day, Sub Inspector Dhammica Bandara took him to Oluganthota Government Hospital, instructing him beforehand that he should tell the doctor that the injury on his neck was caused accidentally by a tree branch. In the hospital, the Sub Inspector himself recounted such a story to the doctor, not allowing the victim to speak. The doctor filled in a form and gave it to the Sub Inspector without examining or questioning the victim.
The Samanalaweva Police Post reportedly charged the victim with causing fatal injuries to a villager by a trap gun. Mr. Punchi Banda denied the offence with which he was charged. On the same day he was brought before Balangoda Magistrate Court and was remanded in custody. In Balangoda Prison the victim’s statement about the police assault was recorded by the prison authorities. On 28 August 2004, after having received 100 Rs. from the victim’s sister the prison authorities allowed first aid to be given to him. He was then taken to Kuruwita Prison where a doctor examined him. Following this examination he was sent to the prison hospital where he was under treatment until 8 September 2004.
On 10 September 2004 Mr. Punchi Banda was taken to the Balangoda Magistrate Court for the second time. The Court released him on bail. After his release the victim was still suffering from severe pain in his head, neck and chest. Due to his suffereing, he was hospitalized in Ratnapura General Hospital, from where he was discharged on 15 September 2004.
The International Secretariat of OMCT is gravely concerned by this case of arbitrary arrest and torture. OMCT calls on the authorities to launch a prompt, thorough and impartial investigation into these events, in order to identify those responsible and bring them to justice and award adequate reparation to Mr. Punchi Banda.
Actions requested:
Please write to the authorities in Sri Lanka urging them to:
i. take all necessary measures to ensure the physical and psychological integrity of Mr. Heeralu Mohottalalage Punchi Banda;
ii. order his immediate release in the absence of legal charges that are consistent with international law and standards, or, if such charges exist, bring him before an impartial and competent tribunal and guarantee their procedural rights at all times;
iii. order a thorough and impartial investigation into the circumstances of this arrest and any allegations of torture and/or ill treatment, in order to identify all those responsible, bring them to trial and apply the penal and/or administrative sanctions as provided by the Convention against Torture Act of Sri Lanka (Act No. 22 of 1994)
iv. guarantee that Mr. Heeralu Mohottalalage Punchi Banda be provided with adequate reparation;
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:
Please also write to the embassies of Sri Lanka in your respective country.
Geneva, 29 September 2004
Kindly inform us of any action undertaken quoting the code of this appeal in your reply.
Arbitrary Arrest / Alleged Torture
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 arbitrary arrest and torture of Mr. Heeralu Mohottalalage Punchi Banda (39) on 26 August 2004.
According to the information received, on 26 August 2004 at 4:30 p.m. the victim was dragged out of his house by Sub Inspector Dhammica Bandara and Police Sergeant Mahinda of Samanalaweva Police Post. He was hit violently on the head and kicked all over his body by the Sub Inspector who was accusing him of having caused fatal injuries to a villager using a local trap gun. While being ill-treated, the Sub Inspector questioned him about the place of the gun. Since the victim stated that he is unaware where the location of the gun is, the Sub-Inspector struck his head many times with a wooden pole, then wound a nylon rope around his neck and pulled on the rope until his neck bled. Then the Sub Inspector tied the victim’s hands and took him to the jungle to search for the gun. After a one kilometer walk in the jungle and with the gun not being found, the victim was taken to the Samanalaweva Police Post at 8:30 p.m.
According to the information provided, at the police post the victim was kept handcuffed to a table leg until 6:30 a.m. of the next day (August 27) without being provided medical care. Later in the day, Sub Inspector Dhammica Bandara took him to Oluganthota Government Hospital, instructing him beforehand that he should tell the doctor that the injury on his neck was caused accidentally by a tree branch. In the hospital, the Sub Inspector himself recounted such a story to the doctor, not allowing the victim to speak. The doctor filled in a form and gave it to the Sub Inspector without examining or questioning the victim.
The Samanalaweva Police Post reportedly charged the victim with causing fatal injuries to a villager by a trap gun. Mr. Punchi Banda denied the offence with which he was charged. On the same day he was brought before Balangoda Magistrate Court and was remanded in custody. In Balangoda Prison the victim’s statement about the police assault was recorded by the prison authorities. On 28 August 2004, after having received 100 Rs. from the victim’s sister the prison authorities allowed first aid to be given to him. He was then taken to Kuruwita Prison where a doctor examined him. Following this examination he was sent to the prison hospital where he was under treatment until 8 September 2004.
On 10 September 2004 Mr. Punchi Banda was taken to the Balangoda Magistrate Court for the second time. The Court released him on bail. After his release the victim was still suffering from severe pain in his head, neck and chest. Due to his suffereing, he was hospitalized in Ratnapura General Hospital, from where he was discharged on 15 September 2004.
The International Secretariat of OMCT is gravely concerned by this case of arbitrary arrest and torture. OMCT calls on the authorities to launch a prompt, thorough and impartial investigation into these events, in order to identify those responsible and bring them to justice and award adequate reparation to Mr. Punchi Banda.
Actions requested:
Please write to the authorities in Sri Lanka urging them to:
i. take all necessary measures to ensure the physical and psychological integrity of Mr. Heeralu Mohottalalage Punchi Banda;
ii. order his immediate release in the absence of legal charges that are consistent with international law and standards, or, if such charges exist, bring him before an impartial and competent tribunal and guarantee their procedural rights at all times;
iii. order a thorough and impartial investigation into the circumstances of this arrest and any allegations of torture and/or ill treatment, in order to identify all those responsible, bring them to trial and apply the penal and/or administrative sanctions as provided by the Convention against Torture Act of Sri Lanka (Act No. 22 of 1994)
iv. guarantee that Mr. Heeralu Mohottalalage Punchi Banda be provided with adequate reparation;
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:
- Hon. Mr. Mahindra Rajapakse, Prime Minister, Cambridge Place, Colombo 7, SRI LANKA, Fax: +94 11 2 682905 / 575454, E-mail: secpm@sltnet.lk or bradmanw@slt.lk
- Hon. Mr. K. C. Kamalasabesan, Attorney General, Attorney General's Department, Colombo 12, SRI LANKA, Fax: +94 11 2 436 421, Email: 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, Fax: +94 11 2 669 128 / 691 926, Fax HOME: +94 11 2 674148, E-mail: polcom@sltnet.lk
- Mr. T. I. de Silva, Inspector General of Police (IGP), New Secretariat, Colombo 1, SRI LANKA, Fax: +94 11 2 440440/426711/327877
- Dr. Radhika Coomaraswamy, Chairperson, National Human Rights Commission of Sri Lanka, No. 36, Kynsey Road, Colombo 8, SRI LANKA, Tel: +94 11 2 694 925 / 673 806, Fax: +94 11 2 694 924 / 696 470, E-mail: sechrc@sltnet.lk
- Ambassador Prasad Kariyawasam, Permanent Mission of the Democratic Socialist Republic of Sri Lanka to the United Nations in Geneva, Rue de Moillebeau 56, Case postale 436, 1211 Genève 19, Tel. : +41 22 / 919 12 50, Fax : +41 22 / 734 90 84, E-mail : mission.srilanka@ties.itu.int
Please also write to the embassies of Sri Lanka in your respective country.
Geneva, 29 September 2004
Kindly inform us of any action undertaken quoting the code of this appeal in your reply.