Dear friends,
The Asian Human Rights Commission (AHRC) has been informed that a man has become critically ill and partially paralysed after time in the custody of Gampola Kuruduwatte police. He is reportedly tied to his bed and under constant guard in hospital, but was in a healthy condition before his arrest. His relatives have been unable to get a credible explanation for his paralysis and are extremely concerned for his future safety.
CASE DETAILS:
According to the information we have received, Christopher Pakiam, a three-wheeler driver, was admitted to the Bogambara Kandy Remand Prison infirmary on 16 September while waiting for the court hearing of his case (B 2985/2009). He was admitted to Kandy Hospital, ward no. 28, two days later. Those concerned about his welfare, including his family, have not been able to speak with him privately to find out how his condition deteriorated; he was unconscious for long periods of time and is being kept tied to his bed under constant guard.
Though he was well when he was arrested by the Gampola Kuruduwatte police, he is now reportedly paralysed below the waist, and has been transferred to Digana Hospital. His family are concerned that his condition is due to torture or maltreatment, but police and prison wardens have not offered them an explanation. Bail has also been refused by the Kandy High Court.
Under domestic law, if a person is arrested in good health and released with a severe condition, the responsibility for explaining it falls to those in charge of his or her detention. The Office in Charge of the Gampola Kuruduwatte police station and the Kandy prison authorities must be held accountable. In the absence of a credible explanation, it is their duty to launch an investigation and to keep the family of the victim informed of their findings, along with the necessary legal steps. Should this be a case of torture, as the family of Mr. Pakiam fears, any delay in this investigation damages the physical evidence. The patient’s statement must immediately be taken.
It is important for Mr. Pakiam to be granted bail so that his family can have control over his medical treatment, and the hospital authorities must in the meantime, arrange for the best available treatment. As a witness in a criminal investigation, he and his family must be provided with protection.
Pakiam was a three-wheeler driver and was arrested after he drove three customers from Dickoya to Gampola Dolosbage who got involved in a fight, in which a man died.
SUGGESTED ACTION:
Please request the intervention of authorities listed below. The AHRC writes a separate letter to UN special rapporteur on the Question of Torture informing him of this case.
To support this case, please click here: SEND APPEAL LETTER
SAMPLE LETTER
Dear __________,
SRI LANKA: A criminal investigation is needed into the paralysis of a man in custody
Name of victim: Christopher Pakiam
Name of officials responsible: Those connected to Bogambara Kandy Remand Prison and the Gampola Kuruduwatte Police, Matale Division, Central Range (West)
Date of incident: 21 May 2009
Place of incident: Gampola Dolosbage
I am writing to express my concern for the health and security of a man, who I have been reliably informed has become paralysed after time in police custody and in remand prison.
I understand that Christopher Pakiam, a three-wheeler driver, was admitted to the Kandy remand prison infirmary on 16 September while waiting for the court hearing of his case (B 2985/2009). He was admitted to Kandy Hospital, ward no. 28, two days later. Those concerned about his welfare, including his family, have not been able to speak with him privately to find out how his condition deteriorated; he was unconscious for long periods of time and is being kept tied to his bed under constant guard.
Though he was well when he was arrested by the Gampola Kuruduwatte police, he is now in a severe condition and has been transferred to Digana hospital. His family are concerned that his condition is due to maltreatment or torture. Police and prison wardens have not offered them an explanation, and bail has been refused by the Kandy High Court.
If a person is arrested in good health and released with a severe condition, the legal responsibility for explaining it falls to those in charge of his or her detention. The Officer in Charge of the Gampola Kuruduwatte police station and the Kandy prison authorities must be held accountable. In the absence of a credible explanation, it is also their duty to launch an investigation and to keep the family of the victim informed of their findings, among other legal steps. Should this be a case of torture, as the family of Mr. Pakiam fear, any delay in this investigation is damaging to the physical evidence. The patient’s statement must immediately be taken.
Finally it is important for Mr. Pakiam to be granted bail so that his family can be in control of his medical treatment, and for the hospital authorities in the meantime to arrange for the best available treatment. As witnesses in a criminal investigation, he and his family must be provided with protection.
Yours sincerely,
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PLEASE SEND YOUR LETTERS TO:
Mr. Mahinda Balasuriya
Inspector General of Police (IGP),
New Secretariat,
Colombo 1,
SRI LANKA
Fax: +94 11 2 440440
E-mail: igp@police.lk
Mr. Mohan Peiris
Attorney General
Attorney General’s Department
Colombo 12
SRI LANKA
Fax: +94 11 2 436421
Secretary, National Police Commission,
3rd Floor Rotunda Towers,
109 Galle Road
Colombo 03,
SRI LANKA
Tel/Fax: +94 11 2 395960
E-mail: npcgen@sltnet.lk or polcom@sltnet.lk
Secretary, Human Rights Commission of Sri Lanka,
No 108 Barnes Place
Colombo 07
SRI LANKA
Tel: +94 11 2 694 925 / 673 806
Fax: +94 11 2 694 924 / 696 470
E-mail: sechrc@sltnet.lk
Registrar of the Supreme Court
Supreme Court of Sri Lanka
Superior Courts Complex,
Colombo-12,
SRI LANKA
Fax: +94-11-2437534
Superintendent
Bogambara Prison
Kandy
SRI LANKA
Fax:94 11 2695204
Thank you.
Urgent Appeals Programme
Asian Human Rights Commission (ua@ahrc.asia)
