UPDATE (Sri Lanka): A 17-year-old torture victim, Sandun Kumara, needs urgent protection

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

ASIAN HUMAN RIGHTS COMMISSION - URGENT APPEALS PROGRAM

Update on Urgent Appeal
4 November 2004

[RE: UA-70-2003: SRI LANKA: Hikkaduwa Liyanage Sandun Kumara, 16, seriously tortured by the police at Rathgama Police Station on 3 November 2003]
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UP-67-2004: SRI LANKA: A 17-year-old torture victim, Sandun Kumara, needs urgent protection

SRI LANKA: Intimidation by the perpetrators: Need of protection to the victim
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Dear friends,

The Asian Human Rights Commission (AHRC) has received information that a torture victim, Hikkaduwa Liyanage Sandun Kumara (17 years old) and his family has been receiving continuous threats from the police officers who were involved in the brutal torture of the victim. H.L. Sandun Kumara had been illegally detained, brutally tortured and sexually abused for nearly one week after he was arrested by the Rathgama police on 12 September 2003. The AHRC had previously issued an urgent appeal regarding this case. (To see the case details, go to: UA-70-2003).

Accordingly, the victim filed a fundamental rights application against the alleged perpetrators before the Supreme Court on 21 October 2003 (SCFR application No.570/2003). The respondents of this case are (1) R. Chandimal de Silva, Officer in Charge, (2) J. T. Ramyasiri OIC-Crimes, (3) Silva -17462, Police Sergeant, (4) Chandrasiri Silva - PC 11579 and (5) Upul-PC 28014. The case is still pending and is scheduled to be taken up on 10 December 2004.

Meantime, the boy's mother reported that the accused police officers have constantly threatened her son and her family as soon as they became aware that action is being taken against them for their illegal acts. As a result, she had to send her son out of the village for his safety.

However, since a false case has been filed by the Rathgama Police against H.L. Sandun Kumara, it is mandatory that he appeared before the Magistrate's Court, Galle, from time to time. This fact has affected the mental and physical wellbeing and the safety of the victim.

The boy's mother also reported that the threats on her son and family members have been intensified by the perpetrators recently, who are pressuring the family to withdraw the case against them and accept a small sum of money as compensation. The destitute mother, a widow, has no means of providing the required protection to her son.

The AHRC calls for your urgent intervention into this case. Please urge the local authorities to provide the immediate protection to the boy and his family.

SUGGESTED ACTION:
Please send a letter to the addresses below and express your concern about this case.

Sample letter:

Dear _________,

Re: Continuous threats to the torture victim, Sandun Kumara by the perpetrators (SCFR application No. 570/2003)

I am deeply concerned by the continuous threats to the 17-year-old torture victim, Hikkaduwa Liyanage Sandun Kumara, and his family from the police officers who were involved in the brutal torture of the victim. The boy had previously been illegally detained and brutally tortured by the Rathgama police for nearly one week after his arrest on 12 September 2003.

The victim has filed a fundamental rights application against police officers responsible for his torture before the Supreme Court on 21 October 2003 (SCFR application No.570/2003). However, he reported that he and his family have been received constant threats from the perpetrators as soon as they learned about his complaint. As a result, the victim's mother had to send him out of the village for his safety.

However, since a false case has been filed by the Rathgama Police against H.L. Sandun Kumara, the boy had to appear before Magistrate's Court, Galle, from time to time. This fact has affected the mental and physical wellbeing and the safety of the victim. In addition, the perpetrators are threatening the boy and his family by saying that they would face serious circumstances if not withdraw the case.

The accused police officers are (1) R. Chandimal de Silva, Officer in Charge, (2) J. T. Ramyasiri OIC-Crimes, (3) Silva -17462, Police Sergeant, (4) Chandrasiri Silva - PC 11579 and (5) Upul-PC 28014.

I request you to ensure that the victim and his family be provided an urgent protection. I also urge you to inquire the alleged threats to the boy and his family by the responsible officers and take suitable disciplinary/legal action against them. While the investigation is going on, the alleged perpetrators should be suspended from their service or transferred for the victim's safety.

Yours sincerely,

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SEND A LETTER TO:

1. 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

2. 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. Chandra Fernando
Inspector General of Police (IGP)
New Secretariat
Colombo 1
SRI LANKA
Fax: +94 11 2 440440/426711/327877

4. Mr. Ranjith Abeysuriya PC
Chairperson
National Police Commission
69-1 Ward Place, Colombo 7
SRI LANKA
Fax: +94 11 2 669 528
Fax HOME: +94 11 2 674148
E-mail: polcom@sltnet.lk

5. Dr. Radhika Coomaraswamy
Chairperson
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
Attn: Mr. Safir Syed
C/o OHCHR-UNOG
1211 Geneva 10
SWITZERLAND
Tel: +41 22 917 9174
Fax: +41 22 917 9016 (general)
E-mail: ssyed@ohchr.org

Thank you.

Urgent Appeals Programme
Asian Human Rights Commission (AHRC)