UPDATE (Sri Lanka): Supreme Court granted to leave to proceed in a torture case for the compensation filed by S.A. Akila Chaturanga 

Dear friends,

The Asian Human Rights Commission (AHRC) has received updated information regarding a torture victim S.A. Akila Chaturanga who was arbitrarily tortured by the Horana police on the allegation of stealing cattle on 22 December 2005 (See further: UA-006-2006). According to the latest information we have received, the Supreme Court of Sri Lanka granted to leave to proceed in a fundamental rights application filed by the victim for the compensation on 10 February 2006. The AHRC welcomes the decision of the Supreme Court however considerable concern should be paid to the victim as he is most likely expected to face intimidation by the perpetrators.

On 10 February 2006, the Supreme Court of Sri Lanka granted leave to proceed in a fundamental rights application filed by a farmhand S.A. Akila Chaturanga. He had previously filed his case before the Supreme Court claiming that due to the torture he was not able to perform his normal work, that his fundamental rights had been violated and wanted the court to grant him compensation. The respondents in his application are Sergeant Kaldera, two police constables R 1768 and 31288, the Officer in Charge of the Horana police, the Inspector General of Police and the Attorney General.

As the Court allowed proceeding in this case, a notice is to be issued to the respondents and they have to file objections within six weeks from February 10 and a counter affidavit within two weeks thereafter. The next hearing is scheduled for April 28. The Bench comprising Justices Shiranee Thilakawardena, N.K. Udalagama and N.E Dissanayake also directed the Kalutara General Hospital, where the victim was hospitalized for two days from 24 to 26 December 2005, to submit the bed head ticket and all reports relating to the examination and treatment of the victim. The victim further complained to Human Rights Commission of Sri Lanka, the National Police Commission, the Deputy Inspector General of Legal Division and the Bar Association president regarding his torture case.

The false theft charges against Chaturanga framed by the police still remain as he was released on bail. According to the victim, the Horana police inhumanly tortured him but when they could not get any confession from him despite the torture, the police suggested him that they would not object to his bail in the court only with the condition that he should remain silent about what had happened at the police station.  Accordingly he was bailed out on the next day.

The Attorney General’s Department should launch an investigation into this case based on the Supreme Court’s decision and prosecute those responsible as soon as possible. Also, the security of the victim is another concern as he is expected to face intimidation by the perpetrators. In Sri Lanka, it is very common that victims receive severe threats and intimidation following their complaints to the courts. The situation is worse when the police officers are involved in those cases. The case of Gerald Perera, who was shot dead 2 weeks before giving his statement to the court is an example (Refer to: www.ahrchk.net/gerald). The AHRC has previously reported other similar cases of the intimidation against the victims who lodged complaints against the perpetrators (Refer to:UP-027-2006, UP-023-2006,and UP-80-2005).

SUGGESTED ACTION:

Please write the letters to the concerned authorities listed below and urge them to investigate into S.A. Akila Chaturanga’s case based on the Supreme Court’s decision and take a proper action, in particular for the Attorney General, to prosecute the alleged perpetrators as soon as possible. Please also ask them to suspend the concerned officers or transfer them to another region for the security of the victim while the investigation is going on and drop the false charge against him. Please also urge the Sri Lankan government to take immediate steps to appoint the commissioners of the National Police Commission, which was given power of disciplinary control over the police by way of the 17th Amendment to the Sri Lankan Constitution. Otherwise, crime and corruption will continue to increase, constituting a national menace and threat to people’s security in a country where a lot of ordinary citizens will continue to suffer from torture and ill-treatment committed by the police.

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