to the Attorney-General of Sri Lanka, calling for him to respond to the matter, but to the best of our knowledge there has been no response thus far. Hence, we need your letters to add to his appeal in order to make arrests that would deter police from using such extreme forms of torture in the future.


TRANSLATION FROM SINHALA.
Vijitha Dissanayake,
“Ape Kade”,
Ovitigala,
Mathugama.
07.04.2001

Hon. Attorney General,
Attorney General’s Department,
Colombo.

Sir,
SUBJECTED TO CRUEL TORTURE - REQUEST TO TAKE LEGAL ACTION.
I was arrested by Mathugama Police on 21.03.2001 and was subjected to torture and cruel, degrading treatments by Mr. Kodituwakku, Officer-in-Charge of said Mathugama police station.
I hereby request you to take legal action on this issue.
I will explain incident and the nature of torture I have subjected to. If you need more information and evidence I will submit it on your request.
1. I was arrested by Mathugama police around 13.30 hrs on 21.03.2001 and I was not informed any reason for my arrest.
2. On the following day, (22.03.2001) I was taken out from the cell and OIC Mr. Kodituwakku assaulted me with a stick until it was broken.
3. Then two police officers put me in the cell back.
4. Around 13.30 hrs, Mr. Kodituwakku has taken me out to the kitchen, assaulted me and burned my tiny finger with a cigarette butt and finally cut the finger completely out.
5. I was released on bail around 15.30 hrs.
6. I have then admitted to the Mathugama hospital and subsequently transferred to the teaching hospital, Nagoda, Kalutara.
7. I was warded in the hospital for 06 days for treatments.
8. There had been no legal action taken against the OIC Kodituwakku, so far.

Hope to receive early reply.
Yours truly,
sgd/-
Vijitha Dissanayake.


SUGGESTED ACTION

Please write to the Attorney General, urging him to prosecute the police officer responsible for this reprehensible criminal act. Following is the letter sent to same by AHRC. You may use this as an example for your own letter

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LETTER SENT BY AHRC (for example only - please do not copy and paste this letter!)

Hon. Mr. KC Kamalasabesan
Attorney General
The Attorney General Department
Colombo
Sri Lanka

Dear Attorney General

Re. The Complaint of torture by Severing of finger of Vijitha Dissanayake on 23-03-2001 by an officer of Mathugame Police Station.

Asian Human Rights Commission has received a copy of a complaint by Vijitha Dissanayake of “Ape Kade”, Ovitigala, Mathugama, dated 7th April 2001, complaining one of his fingers was cut off by the officer in charge of Mathugama police station. Mr. Vigitha Dissanayake has been treated at the Mathugama hospital and subsequently transferred to the teaching hospital, Nagoda, Kalutara. Therefore the medical reports relating to the matter should be available.

It is surprising that this criminal police officer has not yet been arrested or brought before court. Under Act No. 22 of 1994, which has incorporated the UN Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment into Sri Lankan law, the treatment of Mr. Dissanayake constitutes a serious crime. Under the international law, such acts falls under Jus Cogens.

The failure to prosecute this case is a violation of the right of Vigitha Dissanayake to be treated as an equal before law.

It is sad that the Sri Lankan police force has acquired a very low reputation in Sri Lanka and abroad. One of the very serious reasons for this is the failure to prosecute these cases.

We urge you take legal action in this case as required under Act No. 22 of 1994.

Yours sincerely,
AHRC

CC:
(i) Dr. N.M.Perera Mawatha
Secretary, National Human Rights Commission of Sri Lanka
(ii) Sir Nigel Rodley
UN Special Rapporteur on Torture
-----------------------------------------

SEND LETTERS TO:

Hon. Mr. KC Kamalasabesan
Attorney-General
Attorney-General's Department
Colombo 12
SRI LANKA
FAX: +(941) 436 421
SALUTATION: Dear Attorney General

SEND COPIES OF YOUR LETTER TO:

Mr. Fais Musthapa
Chairperson
Human Rights Commission of Sri Lanka
No. 50, Dr. N W Perera Mawatha
Borella, Colombo 8
SRL LANKA
FAX: +941 694 924
SALUTATION: Dear Mr. Musthapa

Sir Nigel Rodley
Special Rapporteur of the Commission on Human Rights on the question of torture
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