UPDATE ON URGENT APPEAL UPDATE ON URGENT APPEAL UPDATE ON URGENT APPEAL

ASIAN HUMAN RIGHTS COMMISSION - URGENT APPEALS PROGRAM

Update on Urgent Appeal 31 May 2002
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UP-32-2001 (RE: UA/19/2002: Torture resulting in loss of the use of both hands)

UPDATE (SRI LANKA): Torture by police - No investigation and punishment
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Dear Friends,

Regarding the torture case of Mr. Greesha de Silva (Previous appeal has spelled as Grissa) in Sri Lanka, We are sending you the medical report in this case.

No inquiry has yet started under Convention Against Torture and Other Cruel and Inhuman and Degrading Punishment or Treatment Act, (Act No 22 of 1994), which prescribe 7 years minimum period imprisonment for acts of torture. The disciplinary procedure also provides for immediate inquiries and suspension of officers pending finalization of inquiries. But unfortunately, none of these things have been done.

We urge you to take this matter up once again with the Sri Lankan government.

Thank you.


Urgent Appeals Desk
Asian Human Rights Commission

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CASE DETAILS

-Full name: Galappathi Guruge Greesha de Silva (32)
Manager/Partner "Green Gardner Restaurant" - Katugode, Galle
-Address: 'Siri Nila', No: 246, J.E.Perera Mawatha, Maglle, Galle, Sri Lanka
-Present situation: FR case filled by Mr.Weliamuna.
-Case No: SC (FR) 231/2002. Leave to proceed granted.

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MEDICO-LEGAL REPORT

Serial No.: UCP/2076/2002
Medico Legal Form No: 985/2002
Age: 32 years (Male)
Address: 246, 'Sirinilla' J E Perera Mawatha, Magalle, GALLE. SRI LANKA
Place of examination: Ward 05,General Hospital, (Teaching) Karapitya.
Date: 25.03.2002/Time: 3.35pm
Date of admission to hospital: 23.03.2002
Date of discharge: 10.04.2002.
Bead Head Ticket No: 28282
B. SHORT HISTORY GIVEN BY PATIENT:

The victim was taken into custody and assaulted by OIC, Harbaraduwa and two sub inspectors on 22.03.2002 at Ahangama Police station. According the victim he was suspended by wrists, which were tide down and placed on the back. Later he was suspended by thumbs. He was slapped on ears and hit on abdomen and back by z-lon tubes.

C. INJURIES

1. The victim has contused areas over the inner aspect of both wrists and thumbs.
2. The victim has weakness of Supraspinatus, Deltoid, Pectoralis major, Latiss imus dorai, Biceps, Brachioradialia, Tricepsmiscles & small muscles of hands of both upper limbs, Biceps, Triceps,and Suplnator jerks wer absent. Further wasting of interossel muscles and thenar and hypothenar eminences of both hands were observed.
3. Tram-line confusion observed over right upper back of chest, its long axis was 7.5cm long.

Height of the victim: 167.5cm
Weight of the victim: 60kg.

SPEATIAL INVESTIGATION: X-ray of neck, shoulders & hands were taken ai T.H. Karaptya, (No.16105 of 23.03.2002)

D. OPINION: The victim is having brachial plexus/ cervical root lesion involving 05- TI nerve toots of upper limbs.

1. Non grievous injuries Nos --- 03

2. Grievous Injuries Nos --- 02
Limb under section 311 of Penal Code: 311(d) (1)
Explanatory remarks:

3. The clinical examination findings of both upper limbs are in keeping with the circumstances described by the victim.

4. Injuries caused by: 03

5. Patient smelting of liquor: nil
Under influence of liquor: nil

Name of Medical Officer and Qualifications: Dr.U.C.P.Perera - DLM, MBBS, MA, LLB

Designation: Lecturer
Station: Dept. of Forensic Medicine, Ruhunu Medical Faculty

2002.04.17

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ACTION REQUESTED

Write letters to the Sri Lankan authorities, requesting an urgent investigation into this case and asking them to prosecute the suspected police officers according to the Act No 22 of 1994. Also send copies to the UN Special Rapporteur on Torture and the Chairman of the Sri Lankan Human Rights Commission.


SAMPLE LETTER

Re: Case of Mr. Greesha de Silva (Previous appeal has spelled as Grissa)

Name of victim: Mr. Girissa De Silva (32)
Date of violation: March 22, 2002
Tortured at: Habaraduwa Police Station
Suspect police officers: O.I.C. Satisgamage, S. I. Ariyaratne, S.I. Lekamvasam, Sergeant Chandra Soma and others in civilian clothes

I understand that despite of complaints made regarding the torture of above victim, resulting in serious injures, no action had yet been taken against these perpetrators, who have been named.

I urge you to take immediate action to suspend these officers to take criminal action under Act No 22 of 1994.

Hope to hear your prompt actions on this matter.

Thank you.

Sincerely yours,

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SEND LETTERS TO;

Honourable Prime Minister
Mr. Ranil Wickremasinghe
Cambridge Place
Colombo 7
Sri Lanka
Fax: +94 1 682905
Email: secpm@sltnet.lk
SALUTATION: Hon. Prime Minister

Hon. Mr. K.C. Kamalasabesan
Attorney General
Attorney - General's Department
Colombo 12
SRI LANKA
Fax: +94 1 436 421
SALUTATION: Dear Attorney General

SEND A COPY TO;

Mr. Fais Musthapa
Chairperson
Human Rights Commission of Sri Lanka
No. 50, Dr. N. m. Perera Mawatha
Borella, Colombo 8
SRI LANKA
FAX: +941 694 924
E-mail: sechrc@sltnet.lk
SALUTATION: Dear Mr. Musthapa

Mr. Theo C. van Boven
Special Rapporteur of the Commission on Human Rights on the question of torture
OHCHR-UNOG
8-14 Avenue de la Paix
1211 Geneva 10,
Switzerland
Fax: +41 22 917-9016
E-mail: secrt.hchr@unog.ch
Please mark "URGENT ATTN.: MR. VAN BOVEN"