SRI LANKA: Immediate treatment and medicines required for a torture victim presently detained at the Kalutara remand prison 

ASIAN HUMAN RIGHTS COMMISSION - URGENT APPEALS PROGRAMME

Urgent Appeal Case: UA-022-2005
ISSUES: Torture,

Dear friends,

The Asian Human Rights Commission (AHRC) writes to inform you of yet another case of brutal torture of a man, D.A. Gayan Rasika (24), by the Welipenna police following his arrest on 7 January 2006.  While in police custody, his relatives reported to the Human Rights Commission of Sri Lanka (HRC) “torture hotline” seeking their intervention. However, the person whom the family talked to told them to let their lawyer inform the Court of the torture incident once he is produced before the Magistrate.

It is reported that the victim is suffering from medical ailments and is being denied medical treatment and medicines by prison authorities at the Kalutara where he is presently detained. He has been taking regular medication for this prior to his being sent to prison.

The AHRC is deeply concerned by the prison authorities’ inadequate action to have the victim adequately treated and provided with sufficient medicines. The authority’s failure to ensure the victim’s physical recovery and regular health care is totally unacceptable. Additionally, the HRC’s inadequate response to this case is appalling.

Your immediate intervention is required to request the police and prison authorities to have the victim treated and provided with sufficient medicines. The Special Investigations Unit (SIU) must initiate an inquiry and place the policemen involved at the Welipenna police under investigation. Once the investigation commences, the policemen must be suspended from their duty to prevent them from influencing the inquiry.

Urgent Appeals Programme
Asian Human Rights Commission
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DETAILED INFORMATION:

Name of the victim: D.A. Gayan Rasika (24), married, a resident of Kalavila, Beruwela. He is presently detained at the Kalutara remand prison.
Alleged perpetrators: Two policemen attached to the Welipenna police station and personnel at the Kalutara prison
Date of the incident: 7 January 2006

Case details:

On 7 January 2006, at about 3:15am two policemen attached to the Welipenna police station arrested D.A. Gayan Rasika at his house and took him to the police station where he was allegedly brutally tortured. When he was visited by his mother that evening, the victim was bleeding from his nose and mouth. He had severe injuries all over his body and could not even stand on his feet. The victim informed his mother about the torture committed against him despite having great difficulty in speaking.

Fearing for Gayan Rasika’s safety, his parents informed the Human Rights Commission’s ‘Torture Hotline’ about the arrest, illegal detention and torture of their son. Instead of being reassured that their son’s case would be investigated into, the parents were told to wait until their son was produced before the Magistrate and have his lawyer inform the Court regarding the complaint of torture. It was later learned that the victim was produced before the Matugama Magistrate that same day and was remanded to the Kalutara remand prison.

On January 8, the victim’s parents and his wife visited the victim where he was remanded. They were horrified to see the severe injuries all over the victim’s body. He could not walk and had to be assisted by prison officers. The prison officers told the victim’s relatives of the police brutality and torture. It is reported that the victim was suspended from the ceiling and assaulted all over his body. As a result, he was in immense pain.

Although the prison authorities are providing the victim with some medicine, he has not been taken to the prison hospital for adequate medical treatment. The victim a has history of suffering from severe headaches and epilepsy fits. He has been taking regular medication for this prior to his being sent to prison. His family is deeply concerned that in the absence of medicines, the victim might suffer a relapse of his ailments. The family said the prison authorities must immediately treat Gayan Rasika for his injuries and provide him sufficient medicines for his regular health issues.

SUGGESTED ACTION:

Please send letters to the relevant authorities listed below requesting them to take appropriate action regarding D.A. Gayan Rasika’s case. The prison authorities must ensure that Gayan Rasika is adequately treated for his injuries. They must also provide sufficient medicines for his health problems.

 

 

To support this case, please click here: SEND APPEAL LETTER

SAMPLE LETTER

Dear _________,

Re: SRI LANKA: Immediate treatment and sufficient medicines required for a torture victim presently detained at the Kalutara remand prison

Name of the victim: D.A. Gayan Rasika (24), married, a resident of Kalavila, Beruwela. He is presently detained at the Kalutara remand prison.
Alleged perpetrators: Two policemen attached to the Welipenna police station and personnel at Kalutara prison
Date of the incident: 7 January 2006

I am writing to draw your attention to the case of a torture victim, D.A. Gayan Rasika, who is presently detained at the Kalutara remand prison. I have learned that following his arrest, he has not been treated for injuries following the brutal torture committed against him by Welipenna police on 7 January 2006. Although the prison officials are giving him medicines for the injuries he sustained, they are not providing him his regular medication, which he takes for epilepsy and severe headaches.

I am deeply concerned by the Government’s inaction, in particular the prison authorities, to have the victim treated properly to ensure his full physical recovery. Even though the prison officials are aware of the victim’s urgent need for treatment and sufficient medication, their response has completely fallen short of what is required. Such action is a complete disregard to the recommendations of the UN Committee against Torture to the Sri Lankan government in November 2005.

Additionally, I am disappointed by the inadequate action of the Human Rights Commission of Sri Lanka in responding to cases of torture that are being reported to them through their “torture hotline”. I have learned that in Gayan Rasika’s case, the HRC advised the victim’s family to request their lawyer to bring the matter up once in court. Such failure to intervene is highly unacceptable and makes a mockery of the torture hotline system.

I urge your intervention to ensure that the Special Investigations Unit (SIU) properly investigates the victim’s allegations of torture against the policemen attached to the Welipenna police station without delay. Once the investigation commences, the policemen involved must be suspended from their duty to ensure impartiality of the inquiry. If the allegations are proven to be true, appropriate charges must be laid against them in accordance with the Convention against Torture Act of Sri Lanka.

Finally, I urge the concerned agencies in Sri Lanka to ensure that the concluding observations and recommendation by the UN Committee are effectively and adequately complied with. Relevant to this is the need ‘to ensure prompt and impartial investigations’, ‘rehabilitation for the victims of torture’ and ‘review of the all places of detention’.

I trust that you will take immediate action in this case.

Yours sincerely,

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PLEASE SEND LETTERS TO:

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

2. Mr. K. C. Kamalasabesan
Attorney General 
Attorney General's Department
Colombo 12
SRI LANKA 
Fax: +94 11 2 436 421

3. National Police Commission
3rd Floor, Rotunda Towers,
109 Galle Road
Colombo 03
SRI LANKA
Tel: +94 11 2 395310 
Fax: +94 11 2 395867
Fax HOME: +94 11 2 674148
E-mail: polcom@sltnet.lk

4. Dr. Radhika Coomaraswamy
Chairperson Human Rights Commission of Sri Lanka 
No. 36, Kynsey Road 
Colombo 8 
SRI LANKA 
Tel: +94 11 2 694925 / 673806 
Fax: +94 11 2 694924 / 696470 
E-mail: sechrc@sltnet.lk

5. Mr. J Thangawelu
DIG Legal
Police Headquarters
Colombo 1
SRI LANKA
Fax: 94 11 2381 394
Email: legaldiv@police.lk

6. His Excellency the Hon. Mr Mahinda Rajapakse
President Socialist Democratic Republic of Sri Lanka
C/- Office of the President
Temple Trees
150, Galle Road
Colombo 3
SRI LANKA
Fax: +94 11 2472100 / +94 11 2446657 (this is contact for Secretary to President)  
Email: secretary@presidentsoffice.lk

7. Prof. Manfred Nowak
Special Rapporteur on the Question of Torture
Attn: Mr. Safir Syed 
C/o OHCHR-UNOG
1211 Geneva 10
SWITZERLAND
Tel: +41 22 917 9230
Fax: +41 22 917 9016 (general)
E-mail: ssyed@ohchr.org

8. Ms Leila Zerrougui
Chairperson
Working Group on Arbitrary Detention
c/o Miguel de la Lama
OHCHR-UNOG 
1211 Geneva 10 
SWITZERLAND 
Fax: +41 22 917 9006 (ATTENTION: Working Group on Arbitrary Detention)
Email: mdelalama@ohchr.org


Thank you.

Urgent Appeals Programme
Asian Human Rights Commission

Document Type : Urgent Appeal Case
Document ID : UA-022-2005
Countries : Thailand,
Issues : Torture,