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

ASIAN HUMAN RIGHTS COMMISSION - URGENT APPEALS PROGRAM

Update on Urgent Appeal 30 September 2003

[RE: UP-27-2003: Torture under Act No. 22 of 1994: but the accused police officers still function as officers18 July 2003, UP-29-2002: Court orders Release of Lalith Rajapakse - 17 May 2002 and UA-18-2002: Urgent medical help needed for torture victim - 13 May 2002)
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UP-39-2003: SRI LANKA: Torture victim, Lalith Rajapakse, was acquitted of fabricated charges

SRI LANKA: Case of Lalith Rajapakse before the Wattala Magistrate's Court

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Dear Friends

The Asian Human Rights Commission (AHRC) is very happy to give you good news that Mr. Lalith Rajapakse, a torture victim, was acquitted of fabricated charges on 29 September 2003.

I kindly request you to write to the Government of Sri Lanka to take speedy action to bring the responsible person(s) to justice and to compensate Lalith Rajapakse for the acts of the police in fabricating charges against him. The sample letter is attached. Further, none of the perpetrators, who had tortured Lalith Rajapakse, has been punished so far.

To see our previous urgent appeals regarding Lalith Rajapakse's case, please visit:

[UP-27-2003: Torture under Act No. 22 of 1994: but the accused police officers still function as officers

UP-29-2002: Court orders Release of Lalith Rajapakse

UA-19-2002: Urgent medical help needed for torture victim]

We thank you for all your support in the past for this case.

Urgent Appeals Desk
Asian Human Rights Commission
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UPDATED INFORMATION:

Lalith Rajapakse, who was so brutally tortured by the officers from the Kandana Police, was acquitted of the fabricated charges filed against him at the Magistrate's Court of Wattala, Sri Lanka yesterday (29 September 2003). The victim had been charged of two acts of robbery. On both cases the defense maintained that the police fabricated charges after they tortured Lalith Rajapakse and took him to the hospital in an unconscious condition on 20 April 2002. Later the police filed 2 cases of robbery charges against Lalith Rajapakse before the magistrate.

In fact, actual culprits of these two cases have not been found because of the police's inability. Yesterday, at the Magistrate's Court of Wattala, the complainants in both cases stated that they have made no complaint against the victim. At this stage the attorney for Lalith Rajapakse, W.R. Sanjeewa, moved that there was no basis to proceed with the case and requested the Magistrate to acquit the charges against the victim. The Magistrate made orders to acquit Lalith Rajapaske in both cases.

AHRC has consistently pointed out that in almost all the victims of torture cases are innocent and the torture is used for the purpose of implicating innocent person(s) in unresolved crimes. The case Lalith Rajapakse filed against the police for violation of fundamental rights is pending before the Supreme Court of Sri Lanka and due to be heard next month. A criminal case under the Torture Act (Act No. 22 of 1994) of Sri Lanka has been filed in the High Court of Negombo against several police officers who have torture Lalith Rajapakse. No date has yet been fixed for trial.

Further, nothing has been done by the state for rehabilitation of the torture victim, Lalith Rajapakse. AHRC is trying to pursue this matter before the UN Human Rights Committee. You may write to request the Government of Sri Lanka to compensate Lalith Rajapakse for the acts of the police in fabricating charges against him. A sample letter is attached.

We thank you again for all your support in the past for this case.

Send a letter to:

1 Hon. Mr. Ranil Wickremasinghe
Prime Minister
Cambridge Place, Colombo 7
SRI LANKA
Fax: +94 1 2 682905
E-mail: secpm@sltnet.lk or bradmanw@slt.lk

2. Hon. Mr. K. C. Kamalasabesan
Attorney General
Attorney General's Department
Colombo 12
SRI LANKA
Fax: +94 1 2 436 421
Email: attorney@sri.lanka.net or counsel@sri.lanka.net

3. Mr. Ranjith Abeysuriya PC
Chairman National Police Commission
69-1 Ward Place, Colombo 7
Sri Lanka
Fax: +94 1 2 691 926
Fax HOME: +941 2 674148

4. National Human Rights Commission of Sri Lanka
No. 36, Kynsey Road, Colombo 8
SRI LANKA
Tel: +94 1 2 694 925 / 673 806
Fax: +94 1 2 694 924
E-mail: sechrc@sltnet.lk

Sample letter:

Dear

I am pleased to learn that Mr. Lalith Rajapakse, who was so brutally tortured by the officers attached to the Kandana Police Station, was acquitted of the fabricated charges filed against him at the Magistrates Court of Wattala, Sri Lanka on 29 September 2003.

However, nothing has been done by the state for rehabilitation of the torture victim, Mr. Lalith Rajapakse. In addition, even though criminal cases have been filed against police officers who tortured the victim, they still continue to function as police officers. Such officers are thus allowed to have opportunity to hurt others.

I urge you to intervene with relevant government authorities to compensate Mr. Lalith Rajapakse for the acts of the police in fabricating charges against him. I also urge you to work towards speedy action to punish the police officers who have tortured the victim and later even fabricated cases against him in expediting the criminal case against the police officers.

Sincerely yours

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Thank you.

Urgent Appeals Programme

Asian Human Rights Commission (AHRC)