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

ASIAN HUMAN RIGHTS COMMISSION - URGENT APPEALS PROGRAM

Update on Urgent Appeal 6 November 2003

[RE: UA-50-2003: Torture of 14 year old child by police officers, UP-37-2003: The family of 14-year-old torture victim threatened by the police and a local politician]

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UP-47-2003: SRI LANKA: Torture victim's family flees home due to police threats

SRI LANKA: Update on torture of 14-year-old boy Dawundage Pushpakumara

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Dear friends

The Asian Human Rights Commission (AHRC) notes with grave concern that the father and mother of torture victim Dawundage Pushpakumara (14 years old) have left their home due to threats from the police. It was reported to the AHRC previously that they have been threatened by the police and a local politician after they made a complaint to the human rights organization. On 17 September 2003, the AHRC issued a previous Urgent Appeal regarding the case of Dawundage Pushpakumara, who was tortured by the officer in charge and other officers of the Saliyawewa Police Post in Putlam. Your urgent action is required to urge the local authorities to immediately intervene in this case in order to ensure the security of victim's family.

To see our previous urgent appeals regarding this case, please visit:

[ UA-50-2003: http://www.ahrchk.net/ua/mainfile.php/2003/539/

UP-37-2003:http://www.ahrchk.net/ua/mainfile.php/2003/529/]

Urgent Appeals Desk
Asian Human Rights Commission (AHRC)
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Torture victim's family flees home due to police threats

14-year-old torture victim Pushpakumara¡¦s father and mother have left their home due to threats from the police.

Dawundage Pushpakumara, 14, was severely tortured by the Officer In Charge (OIC) of the Saliyawewa police post, (Puttalm) and other police officers from 1 September to 2 September 2003. When he was released from the police station, the police impeded the victim's obtaining medical treatment because they were afraid that the medical record of the victim's injuries would be used against them in court. With the help of the Child Rights Authority of Sri Lanka and human rights organizations he was taken to Colombo for medical treatment. Thereafter he has been living in hiding for fear of returning back home due to threats from the police.

Meanwhile a fundamental rights violation case was filed on his behalf in the supreme courts of Sri Lanka. Now the father and the mother of Pushpakumara allegedly have been constantly threatened by the police and the others coming on behalf of the police who threatens the parents to withdraw the case filed against the police. In an affidavit filed by the father of Pushpakumar, D.K. Kularatne, has set out the details of harassment by the police and stated that his wife has left the house in fear on 31 October 2003. Thereafter the Saliyawewa police post asked him to report to the police station on 3 November 2003. For fear of being harassed and tortured he has also fled his house and sought protection.

Complaints regarding such threats have been made earlier to the National Police Commission and the National Human Rights Commission and the Attorney General of Sri Lanka. However no effective action has been taken to guarantee the security for this family which is very poor and powerless. The officer in charge of the police station who is alleged to be the main perpetrator in the torture of Pushpakumara still continues to hold his post.

SUGGESTED ACTION:

Please send a letter, fax or e-mail to the addresses below and express your concern of this serious case.

1. Hon. Mr. Ranil Wickremasinghe
Prime Minister
Cambridge Place, Colombo 7
SRI LANKA
Fax: +94 11 2 682905 / 575454
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 11 2 436 421
Email: attorney@sri.lanka.net or counsel@sri.lanka.net

3. Mr. Shaveendra Fernando
Senior State Counsel

Torture Prosecution Unit

Attorney General's Department

Colombo 12

SRI LANKA

Fax: +94 11 2 327 765

4. Mr. Ranjith Abeysuriya PC
Chairman National Police Commission
69-1 Ward Place, Colombo 7
Sri Lanka
Fax: +94 11 2 669 128 (need to ask to change to fax mode) / 691 926
Fax HOME: +94 11 2 674148

5. Dr. Radhika Coomaraswamy

Director

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

6. Mr. Theo C. van Boven
Special Rapporteur on the Question of Torture
OHCHR-UNOG
8-14 Avenue de la Paix
1211 Geneva 10
SWITZERLAND
Fax: +41 22 917-9016

Sample letter:

Dear

I am writing to bring to your attention a severe threat made by the police to the family of a 14-year-old torture victim. 14-year-old torture victim Pushpakumara¡¦s father and mother have left their home due to threats from the police.

Dawundage Pushpakumara, 14, who was severely tortured by the Officer In Charge (OIC) and other police officers of the Saliyawewa police post (Puttalm) on 1 September 2003, has been living in hiding for fear of returning back home due to threats from the police. Meanwhile a fundamental rights violation case was filed on his behalf in the supreme courts of Sri Lanka. Now the father and the mother of Pushpakumara allegedly have been constantly threatened by the police and the others coming on behalf of the police who threatens the parents to withdraw the case filed against the police.

In an affidavit filed by the father of Pushpakumar, D.K. Kularatne, has set out the details of harassment by the police and stated that his wife has left the house in fear on 31 October 2003. Thereafter the Saliyawewa police post asked him to report to the police station on 3 November 2003. For fear of being harassed and tortured he has also fled his house and sought protection.

Complaints regarding such threats have been made earlier to the National Police Commission and the National Human Rights Commission and the Attorney General of Sri Lanka, however, no effective action has yet been taken to guarantee the security for this family. More seriously, the officer in charge of the police station who is alleged to be the main perpetrator in the torture of Pushpakumara still continues to hold his post.

Therefore, I urge you to take immediate and appropriate action to protect the victim's family and the victim so that they can go home. I also urge you to suspend the officer in charge of the Saliyawewa Police Post and other police officers who were involved in torturing of the victim, from their job until disciplinary action is taken against them.

Sincerely yours

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Thank you.

Kim Soo A

Urgent Appeals Programme

Asian Human Rights Commission (AHRC)